[Congressional Record (Bound Edition), Volume 155 (2009), Part 3]
[Issue]
[Pages 3313-3401]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 3313]]

                    SENATE--Monday, February 9, 2009

  The Senate met at 1 p.m. and was called to order by the Honorable 
Barbara Boxer, a Senator from the State of California.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  O Lord, as our lips are open in prayer, so may our hearts be open to 
receive Your spirit. Help us to bow to Your will and live lives devoted 
to Your providential leading.
  Bless our Senators in their work. Let faith, hope and love abound in 
their lives. Help them to seek to heal our hurting Nation and world and 
to be forces for harmony and goodness. Lord, may they have much needed 
wisdom in making decisions regarding the stimulus bill. Remind them 
that if they ask for Your wisdom, You will grant it in abundance. May 
they seek to serve rather than be served, following Your example of 
humility and sacrifice. Open their minds and give them a vision of the 
unlimited possibilities available to those who trust You as their 
guide.
  We pray in the Name of Him who is our refuge from life's storms. 
Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The President pro tempore led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The assistant legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                 Washington, DC, February 9, 2009.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Barbara Boxer, a Senator from the State of California, to 
     perform the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mrs. BOXER thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. REID. Madam President, following leader remarks, the Senate will 
resume consideration of H.R. 1. The time until 5:30 will be equally 
divided and controlled between the two leaders or their designees. At 
5:30, the Senate will vote in an attempt to end the filibuster. That 
will be on the Collins-Nelson substitute amendment. Cloture will be 
voted on at that time.
  The Presiding Officer and I came to Congress together many years ago. 
We have been now serving in the Senate together for many years. Last 
week reminded me of when we first came to the Senate. There was open 
debate, amendments offered--that is what happened last week. Faced with 
the worst economic crisis since the Great Depression, Senators from 
both parties engaged in serious debate over the best way forward.
  Realizing the critical need for action, we moved President Obama's 
economic recovery plan as quickly and as responsibly as we could. But 
even though we wanted to move it as quickly and as responsibly as we 
could, we did not do anything to cut off debate or limit the 
opportunity of every Senator to have their say. Both Republicans and 
Democrats were given the opportunity to offer amendments and each 
received votes on their amendments. Many Democratic and Republican 
amendments were adopted and, on the whole, the amendment process 
strengthened the legislation.
  A bipartisan group of Senators, led by Senators Nelson, Lieberman, 
Snowe, Collins, and Specter, worked tirelessly during last week to 
forge a compromise amendment, to focus the bill on job creation and tax 
relief. All this work has resulted in the legislation that is now 
before the Senate. This evening we will vote on cloture, setting up a 
vote on final passage for tomorrow. After final passage, the House and 
Senate will move to conference between the House and the Senate and 
then send the enrolled bill to the President's desk.
  We are going to do our utmost to do this as quickly as possible. The 
Republican leader and I have agreed on a general position as to how we 
are going to move forward with the conference, and I will visit with 
him some more later today. But we have to complete this work this week. 
There is every opportunity for us to complete it by Friday. Even though 
it is a complex bill, the bill now has been on the desk since Saturday 
and people have had an opportunity to read and review this in detail.
  We will hopefully pass this tomorrow. We will put this side-by-side 
with the bill that has passed the House, and come back with a proposal 
that is bold, is robust, is job creating.
  I was with the Governor of Maryland last night, and he was so happy 
about the work we had done in the Senate. He indicated to me he had 
spoken to other Governors. In fact, he called me again this morning 
indicating he had spoken to other Governors around the country, and 
they were quite happy with this legislation. It is my understanding the 
President is in a place called Elkhart, IN, today to talk about the 
travails we face as a country. Elkhart, IN, has an announced 
unemployment rate of more than 15 percent. But in the commentary I 
heard this morning, it is believed the unemployment is actually well 
over 20 percent in Elkhart, IN.
  The President is going to do a live press conference tonight, 8 
o'clock eastern time. Tomorrow he is going to be in Florida with the 
Republican Governor of Florida and others to talk about the situation 
he finds in Florida.
  We need to complete this legislation as quickly as possible. We are 
going to continue to be cooperative, as have been my Republican 
friends--cooperative. I think this has been a very good debate. It has 
been a stimulating debate. I was so satisfied with the debate that took 
place Saturday. Republicans and Democrats engaged in a serious debate 
Saturday. Those who supported the legislation, I thought did a good 
job. Those who opposed it, I thought they did a good job explaining 
their problems with this legislation.
  The message I leave as the majority leader of the Senate is we are 
going to continue to move forward on this legislation. We are not going 
to leave for our Presidents Day recess until we complete this.
  I have said, on a number of other occasions, that if people out there 
are thinking we are going to take a vacation for a week when we leave 
Washington, that is not the case. We have things to do in our home 
States. It is good for me--and I think I speak for all Senators--to be 
back in our States on a weekday. We plan and hope all next week to be 
home so we can be doing things we cannot do on weekends. But if we 
cannot complete this legislation, we will have to cut into that. Our 
responsibilities at home will have to be set for some other date.
  I am confident we can get it done by Friday. There is no reason we 
cannot. With a little bit of cooperation on both sides, we can move 
forward. I have been in touch with the House leaders. They

[[Page 3314]]

understand the difficulties we have over here, and I understand their 
situation.
  I repeat, I am very confident this legislation is in keeping with 
what President Obama wants; that is, to have a program out there that 
creates lots of jobs and gives middle-class America tax relief. That is 
what this legislation is all about.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
leadership time is reserved.

                          ____________________




             AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of H.R. 1, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       (A bill (H.R. 1) making supplemental appropriations for job 
     preservation and creation, infrastructure investment, energy 
     efficiency and science, assistance to the unemployed, and 
     State and local fiscal stabilization, for the fiscal year 
     ending September 30, 2009, and for other purposes.)

  Pending:

       Reid (for Collins-Nelson (NE)) amendment No. 570, in the 
     nature of a substitute.

  The ACTING PRESIDENT pro tempore. Under the previous order, the time 
until 5:30 will be equally divided and controlled between the leaders 
or their designees.
  Mr. REID. Madam President, Senator Baucus is my designee.
  The ACTING PRESIDENT pro tempore. Senator Baucus is recognized.
  Mr. BAUCUS. Madam President, this afternoon the Senate returns to its 
7th day of work on this important jobs bill. The case for this bill 
continues to grow stronger every day. Last week, for example, we 
learned that 3.6 million Americans have lost their jobs since this 
recession began--3.6 million Americans have lost their jobs. The 
unemployment rate has risen to 7.6 percent and it is rising. Job losses 
appear to be accelerating.
  Last year, more than 3 million families lost their homes to 
foreclosure--3 million families in 1 year--and many more foreclosures 
appear to lie ahead.
  We face the worst economic disaster in the lifetimes of most 
Americans alive today. History will judge how we respond and let us not 
let this Nation down.
  In the late 1920s and early 1930s, there were those who questioned 
vigorous Government response. There were those who fretted about short-
term deficit. We were spending too much, they said. History has not 
judged them kindly.
  Rather, the consensus of economists came to agree with the great 
British economist, John Maynard Keynes. Keynes argued that in times of 
high and rising unemployment, the Government has an important job to 
do. The Government must make up for lagging demand in the private 
sector, he said, and the Keynesian school teaches the best way to 
increase demand is to get money in the hands of those most likely to 
spend it quickly.
  It is true some economists questioned the Keynesian consensus, but 
those questioners are very much on the fringe of economic thinking. The 
mainstream--by far the mainstream is that we have to use public money 
to help pull us out of recession.
  Our time of testing is upon us. The broad consensus of economic 
analysis informs us what to do. The question before us is now one of 
political will. Will this generation have the courage to confront the 
economic storm of our time or will this generation be like that which 
preceded the New Deal? Will our generation, by its inaction, be found 
wanting or will our generation rise to the challenge of our times?
  The path to address this crisis lies ahead of us today. At about 5:30 
p.m. this evening this Senate will conduct a rollcall vote on the 
motion to invoke cloture on the Collins-Nelson substitute. That 
substitute is the best clear chance for the Nation to respond to the 
economic crisis we face.
  Under the previous order, if the Senate invokes cloture on the 
amendment, then the Senate will be able to complete action on this bill 
with a vote at 12 noon tomorrow. If a Senator raises a budget point of 
order against the amendment, then the Senate will vote tomorrow on a 
motion to waive that point of order; otherwise, under the previous 
order, the adoption of the amendment will still be subject to a 60-vote 
threshold, and the Senate would then vote on passage of the bill. 
Either way, the Senate faces two 60-vote hurdles for this important 
legislation, one this evening at 5:30 and another tomorrow at noon.
  That familiar arithmetic dictates the path before us. The amendment 
before us provides the one clear chance to surmount that 60-vote 
hurdle. The Collins-Nelson substitute provides an opportunity for 
Congress to respond and respond quickly, swiftly. Let us take that 
opportunity.
  The Collins-Nelson substitute is a principled compromise. Yes, if I 
had my way, I would have written it differently. I brought a slightly 
different bill to the floor on behalf of the Finance Committee. But the 
substitute makes the change we need so as to allow the broad consensus 
we need to pass this bill. In the Collins-Nelson substitute, we agreed 
to trim the underlying bill. But I am pleased the compromise does not 
sacrifice the main thrust of the bill.
  So what is the compromise? The Collins-Nelson substitute would trim 
the COBRA subsidy--that is the health subsidy for persons who lose 
their jobs and therefore lose their health insurance. It would provide 
a 50-percent subsidy for 12 months for the purchase of health insurance 
for those who have lost their jobs. This saves $5 billion. The 
agreement trims the health information technology proposal. It would 
cap the amount of funds that a critical access hospital can receive 
under the health IT provisions at 1.5 million per hospital. This change 
saves $5 million per hospital.
  The Collins-Nelson substitute also cuts back on some of the tax 
incentives. The agreement eliminates the general credit carry-back 
provision, saving about $9 billion.
  The agreement trims the recovery zone bonds by providing $10 billion 
in private activity bonds and $5 billion in refundable credit bonds. 
The agreement provides a 35-percent tax credit for Build America bonds 
for 2009 and 2010, with a 40 percent tax credit for small issuers. This 
change saves $2 billion.
  The Collins-Nelson substitute trims the number of people eligible for 
the make work pay credit by beginning the phase out of the credit at 
$70,000 in annual income for singles and at $140,000 in annual income 
for couples. This change saves $2 billion.
  And the refundable child tax credit threshold is decreased to $8,100, 
saving $3 billion.
  Other than these changes, the underlying tax provisions are 
essentially intact. The bill remains a balanced approach to getting our 
economy back on track.
  The bill would continue to provide more than $300 billion in tax cuts 
for individuals. The bill would help working families with the make 
work pay. Seniors, disabled vets, and SSI recipients would receive a 
one-time payment of $300.
  Families with children would also get help. The bill would still 
expand the earned-income tax credit and the refundable child tax 
credit. Families would still get benefits for college with the American 
opportunity tax credit and the expansion of 529 college savings plans.
  The bill would expand the homeownership tax credit beyond first-time 
homeowners and double the amount of the credit. For those receiving 
unemployment benefits, the first $2,400 would not be taxed as income.
  There are also tax incentives for commuters and those buying 
automobiles.
  The bill would also provide a 2009 AMT patch, so that people can keep 
the tax cuts they receive.
  The bill contains $18.4 billion for businesses. There are several 
provisions geared toward small businesses. The bill extends bonus 
depreciation and 179 expensing. The bill also decreases the S-Corp 
holding period from 10 years to 7 years for built-in gains.

[[Page 3315]]

  The bill would allow businesses to take accumulated AMT and R&D 
credits in cash in lieu of bonus depreciation. The bill provides a 
delayed recognition of certain cancellation of debt income. Net 
operating losses can be carried back 5 years instead of 2.
  The bill still provides more than $19 billion in energy tax 
incentives.
  These incentives will create green jobs producing the next generation 
of renewable energy sources, wind, solar, geothermal, spur development 
of alternatives, and help to combat climate change by reducing our use 
of carbon-emitting fuels.
  The bill would extend and modify the renewable energy production tax 
credit for qualifying facilities, in order to make the credit more 
useable in the economic environment.
  The bill includes additional funding for clean renewable energy bonds 
to finance facilities that generate electricity from renewable 
resources and conservation bonds for States to use to reduce greenhouse 
gas emissions.
  Energy efficiency is often cited as the low-hanging fruit, the 
easiest way for us to reduce our energy consumption and greenhouse gas 
emissions.
  We have included incentives for energy efficiency. The value of the 
existing credit for energy efficient homes is increased and the 
limitations on specific energy-efficient property are eliminated. The 
credits for various types of energy efficient property, for both 
residential and business, are extended.
  The bill has two new tax credits designed to spur our alternative 
energy and production.
  The advanced energy research and development credit provides an 
enhanced 20 percent R&D credit for research expenditures incurred in 
the fields of fuel cells, energy storage, renewable energy, energy 
conservation technology, efficient transmission and distribution of 
electricity, and carbon capture and sequestration.
  The second tax credit is an advanced energy investment credit for 
facilities engaged in the manufacture of advanced energy property.
  These energy tax incentives will help to keep our alternative energy 
sector moving forward as we confront the growing demand for clean, 
renewable energy.
  The bill would provide recovery provisions totaling $9.6 billion. The 
bill would provide for several types of bonds to help depressed areas, 
including recovery zone bonds, tribal economic development bonds, high 
speed rail bonds, and broadband bonds. The new markets tax credit would 
be extended. The bill would accelerate the low-income housing tax 
credit.
  The bill would also provide $14.3 billion in help for municipal bond 
markets. This recovery bill includes changes that will free up this 
market, unlocking cash for infrastructure investment.
  Banks would be able to inject more capital into projects, creating 
demand for municipal bonds, and driving down interest rates. And 
increasing the small issuer exception would increase the range of 
municipalities from whom banks could buy.
  The bill would also eliminate tax-exempt interest on private activity 
bonds as a preference item under the alternative minimum tax. This 
change would draw new investors and help stabilize the market.
  The legislation would also establish parity for tribal governments on 
$2 billion of tax exempt bonds. This important change would put Tribal 
governments on equal footing with other government issuers.
  The bill would maintain the new tax-credit bond option, giving State 
and local governments a new tool to finance infrastructure projects.
  The bill would also eliminate the 3 percent withholding requirement 
for Government contractors.
  The tax components of the bill are diversified. They would spur our 
economy from several directions.
  On health matters, the Collins-Nelson substitute preserves much of 
the health IT investment that the original bill proposed. These sound 
investments will pay dividends in the future. They would reduce health 
care costs and improve health care quality.
  The health IT provisions preserved in this bill will also help 
patients to make better decisions about their health care. I am pleased 
that these provisions remain intact. And the provisions have been 
improved by the amendments offered by Senator Enzi last week.
  The Collins-Nelson substitute also maintains the important 
protections that we provided in the original bill to State Medicaid 
programs. As we heard in the floor debate, the rise in unemployment has 
placed significant strain on Medicaid.
  Decreased revenue coming in means less money to fund Medicaid. And 
experts warn that every percentage point increase in unemployment adds 
1 million more people to the Medicaid and CHIP rolls.
  The substitute before us today would provide much-needed relief to 
every State through a temporary increase in the Federal share of 
Medicaid funding. This funding would prevent States from making further 
cuts to a program that is already in dire circumstances due to the 
economic downturn.
  And the substitute also preserved the critical extension of emergency 
unemployment benefits. It also maintains the improvements to our 
unemployment insurance program by increasing and extending benefits to 
those currently looking for work.
  A key component of the economic recovery package helps unemployed 
workers maintain their health coverage. When workers lose their jobs, 
they lose more than their paychecks. They often lose their health 
insurance coverage, as well. Losing job-based health insurance can have 
tragic consequences.
  The initial proposal provided a 65-percent subsidy for COBRA coverage 
for up to 9 months. The Collins-Nelson substitute shaved that coverage 
back to a 50-percent subsidy for 12 months. By doing so, we saved $5 
billion.
  I am concerned that a 50-percent subsidy might not provide enough 
relief. In the future, I will look for ways to maximize participation 
in this program for people who want to keep their health coverage.
  But the product before us today is the result of principled and 
bipartisan negotiation. This is a compromise across the aisle in the 
finest tradition of the Senate.
  But we do not have time to waste. We must act quickly to pass the 
Collins-Nelson substitute. We must work quickly with the House in 
conference to reach consensus and put this bill on the President's desk 
without delay.
  Let us not repeat the dithering of the late 1920s and early 1930s. 
Let us summon the courage to confront the economic challenge of our 
times. And when the roll is called this evening, let us invoke cloture 
on the Collins-Nelson substitute.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona is 
recognized.
  Mr. McCAIN. Madam President, I ask the manager, I assume we will 
continue the practice we have been pursuing of going back to either 
side and that any time in quorum call will come off the times of both 
sides?
  Mr. BAUCUS. That would be my intention.
  Mr. McCAIN. I thank the manager.
  I would like to say for the benefit of my colleagues on this side of 
the aisle that----
  The ACTING PRESIDENT pro tempore. If the Senator would suspend, I 
have been informed there is no such unanimous consent agreement. If 
Senators would like to get that into the order, it would be appropriate 
at this time.
  Mr. BAUCUS. Madam President, I ask unanimous consent that the time 
remaining allocated to this bill be equally divided and that all time 
in quorum calls be charged equally to each side.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Arizona has the floor.
  Mr. McCAIN. Madam President, obviously, if we have Members from that 
side who are waiting and none are on this side, we will adjust that, as 
we have the last several days. I thank the

[[Page 3316]]

Senator from Montana for all of his courtesies in making sure we have 
had balanced debate on this very important issue.
  Also, I would like to say to my colleagues on this side of the aisle 
that speakers from my side, if they would come to the floor, I think 
there would be time to recognize them. We have signed up Senators Kyl, 
Enzi, Alexander, Inhofe, Thune, Graham, Chambliss, Bond, Sessions, and 
Coburn. If others wish to speak, if they would notify the cloakroom.
  Madam President, many of my colleagues are claiming that the 
``compromise bipartisan bill'' that is before us is a product and 
result of serious negotiations, and it is neither. It is neither 
bipartisan nor is it a compromise. It is not bipartisan in that 3 
Republican Senators, after not a single Republican Member of the other 
body, the House of Representatives, plus 11 Democrats voted against 
this legislation.
  Now, there continues to be touted that there were meetings that 
Republican Senators attended. There are meetings that take place all 
the time, all the time around here. There are meetings, both informal 
and conversations about it. But the fact is, we ended up with 3 
Republican Members of Congress out of 178 in the House and 40 here in 
the Senate. So it is not ``bipartisan.'' To say otherwise belies 
history.
  I am proud to have been a member of a number of bipartisan 
resolutions of issues that have come before this body, whether it be 
the Gang of 14, on campaign finance reform, or whether it be on other 
important issues as far as national security and other issues are 
concerned. That is when Republicans and Democrats have sat down 
together and came out in equal numbers--roughly equal numbers--to 
achieve bipartisan agreement.
  This is not a bipartisan agreement. This is three Members of the 
Senate--none on the House side--who have joined Democrats for a 
partisan agreement. It is unfortunate that has happened because we are 
now committing an act of generational theft. We are robbing future 
generations of Americans of their hard-earned dollars because we are 
laying on them a debt of incredible proportions. We have already 
amassed over a $10 trillion debt. Apparently, we will pass this 
legislation, which is another, when you count the interest, about $1.1 
trillion dollars.
  The House is about to take up a $400 billion Omnibus appropriations 
bill. It has been put off until tomorrow, probably wisely. The 
Secretary of the Treasury, Mr. Geithner, is going to recommend 
somewhere around $\1/2\ trillion to $1 trillion for another TARP 
package. So we are talking about trillions of dollars.
  This morning, one of my colleagues, the Senator from New York, Mr. 
Schumer, said: ``Why quibble over $200 million?''
  I am not sure the American people would agree.
  What has been the result of this compromise? Ten out of hundreds 
eliminated items: $34 million to renovate the Commerce Department; $100 
million for governmentwide supercomputers; $14 million for cyber 
security; $55 million for historic preservation; $20 million for Bureau 
of Indian Affairs; $5.8 billion for prevention wellness programs, $870 
million for pandemic flu; $16 million for school improvement programs, 
construction; $3.5 billion for higher education facilities; $2.25 
billion for a neighborhood stabilization program. Ten have been 
eliminated from the hundreds which totals $12.6 billion of the $140 
billion being touted as having been cut from the more than $900 billion 
bill. What we have done is, we have eliminated 10 items, reduced 
others, which will probably be restored, reaching basically the same 
level, a ``compromise'' of about $827 billion which is a little more 
than that passed by the House of Representatives. The total is over a 
trillion dollars.
  Both the distinguished majority leader and the Senator from Montana 
have emphasized the need for speed, that we have to act quickly, right 
away. We will, I am sure, because a seminal moment was when the two or 
three Republican Senators announced they would vote for this package. 
So it is a matter of time.
  Last week, the overseer of TARP I announced there had been $76 
billion wasted in paying for assets over their actual value. We acted 
in speed, with haste, and it cost the taxpayers $76 billion.
  Again, this is an unusual circumstance we are in. These circumstances 
we all appreciate. We appreciate the fact that millions of Americans 
are without a job, without health insurance, without the ability to 
educate themselves and their children, and without the ability to stay 
in their homes. We need to act. We need to act responsibly.
  It is being said that every economist says we need to adopt this 
package. That is not true. I even hear one of my advisers during the 
campaign, Marty Feldstein's name, being mentioned as being for this 
package.
  I ask unanimous consent that Martin Feldstein's Washington Post op-ed 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From washingtonpost.com, Jan. 29, 2009]

                        An $800 Billion Mistake

                         (By Martin Feldstein)

       As a conservative economist, I might be expected to oppose 
     a stimulus plan. In fact, on this page in October, I declared 
     my support for a stimulus. But the fiscal package now before 
     Congress needs to be thoroughly revised. In its current form, 
     it does too little to raise national spending and employment. 
     It would be better for the Senate to delay legislation for a 
     month, or even two, if that's what it takes to produce a much 
     better bill. We cannot afford an $800 billion mistake.
       Start with the tax side. The plan is to give a tax cut of 
     $500 a year for two years to each employed person. That's not 
     a good way to increase consumer spending. Experience shows 
     that the money from such temporary, lump-sum tax cuts is 
     largely saved or used to pay down debt. Only about 15 percent 
     of last year's tax rebates led to additional spending.
       The proposed business tax cuts are also likely to do little 
     to increase business investment and employment. The extended 
     loss ``carrybacks'' are primarily lump-sum payments to 
     selected companies. The bonus depreciation plan would do 
     little to raise capital spending in the current environment 
     of weak demand because the tax benefits in the early years 
     would be recaptured later.
       Instead, the tax changes should focus on providing 
     incentives to households and businesses to increase current 
     spending. Why not a temporary refundable tax credit to 
     households that purchase cars or other major consumer 
     durables, analogous to the investment tax credit for 
     businesses? Or a temporary tax credit for home improvements? 
     In that way, the same total tax reduction could produce much 
     more spending and employment.
       Postponing the scheduled increase in the tax on dividends 
     and capital gains would raise share prices, leading to 
     increased consumer spending and, by lowering the cost of 
     capital, more business investment.
       On the spending side, the stimulus package is full of well-
     intended items that, unfortunately, are not likely to do much 
     for employment. Computerizing the medical records of every 
     American over the next five years is desirable, but it is not 
     a cost-effective way to create jobs. Has anyone gone through 
     the (long) list of proposed appropriations and asked how many 
     jobs each would create per dollar of increased national debt?
       The largest proposed outlays amount to just writing 
     unrestricted checks to state governments. Nearly $100 billion 
     would result from increasing the ``Medicaid matching rate,'' 
     a technique for reducing states' Medicaid costs to free up 
     state money for spending on anything governors and state 
     legislators want. An additional $80 billion would be given 
     out for ``state fiscal relief.'' Will these vast sums 
     actually lead to additional spending, or will they merely 
     finance state transfer payments or relieve state governments 
     of the need for temporary tax hikes or bond issues?
       The plan to finance health insurance premiums for the 
     unemployed would actually increase unemployment by giving 
     employers an incentive to lay off workers rather than pay 
     health premiums during a time of weak demand. And this 
     supposedly two-year program would create a precedent that 
     could be hard to reverse.
       A large fraction of the stimulus proposal is devoted to 
     infrastructure projects that will spend out very slowly, not 
     with the speed needed to help the economy in 2009 and 2010. 
     The Congressional Budget Office estimates that less than one-
     fifth of the $50 billion of proposed spending on energy and 
     water would occur by the end of 2010.
       If rapid spending on things that need to be done is a 
     criterion of choice, the plan should include higher defense 
     outlays, including replacing and repairing supplies and 
     equipment, needed after five years of fighting. The

[[Page 3317]]

     military can increase its level of procurement very rapidly. 
     Yet the proposed spending plan includes less than $5 billion 
     for defense, only about one-half of 1 percent of the total 
     package.
       Infrastructure spending on domestic military bases can also 
     proceed more rapidly than infrastructure spending in the 
     civilian economy. And military procurement overwhelmingly 
     involves American-made products. Since much of this military 
     spending will have to be done eventually, it makes sense to 
     do it now, when there is substantial excess capacity in the 
     manufacturing sector. In addition, a temporary increase in 
     military recruiting and training would reduce unemployment 
     directly, create a more skilled civilian workforce and expand 
     the military reserves.
       All new spending and tax changes should have explicit time 
     limits that prevent ever-increasing additions to the national 
     debt. Similarly, spending programs should not create 
     political dynamics that will make them hard to end.
       The problem with the current stimulus plan is not that it 
     is too big but that it delivers too little extra employment 
     and income for such a large fiscal deficit. It is worth 
     taking the time to get it right.

  Mr. McCAIN. The Washington Post op-ed is entitled ``An $800 Billion 
Mistake.'' Martin Feldstein and many other economists believe this is 
an $800 billion mistake. He says:

       On the spending side, the stimulus package is full of well-
     intended items that, unfortunately, are not likely to do much 
     for employment. Computerizing the medical records of every 
     American over the next 5 years is desirable, but it is not a 
     cost-effective way to create jobs. Has anyone gone through 
     the long list of proposed appropriations and asked how many 
     jobs each would create per dollar of increased national debt?

  Well, since Mr. Feldstein wrote that column, the Congressional Budget 
Office did, indeed, go through the list. They found out it would 
increase between now and the bill then, which has been changed somewhat 
but basically will end up over a trillion dollars, it says it would 
increase employment at that point in time by 1.3 million to 3.9 million 
jobs. At $885 billion, 1.3 million jobs would work out to $680,769 per 
job. And at 3.9 million jobs, the cost would be $226,923 per job.
  Several of my colleagues have celebrated the reduced cost of the 
compromise from $885 billion to $827 billion. So let's do the math for 
that amount. It is only $636,154 per job for 1.3 million jobs, and 
$212,000 for 3.9 million jobs created. If you add the cost of interest 
to the total for the compromise, we have $1.175 trillion.
  There are numerous policy changes which have nothing to do with jobs 
in this bill. This legislation was delivered to our office at 11 
o'clock on Saturday night. My staff has been hard at work scrubbing 
this bill, 778 pages, I believe, for the changes. One of them that is 
very interesting, which has been added, is a new, far-reaching policy 
with respect to unemployment compensation. Specifically, the title is 
Unemployment Compensation Moderation. It would allow a person to 
collect unemployment insurance for leaving his or her job to take care 
of an immediate family member's illness, any illness or disability as 
defined by the Secretary of Labor. This was originally sponsored 
legislation in the 110th Congress and did not succeed. Each State would 
need to amend their unemployment insurance in order to receive $7 
billion in funds.
  Again, that may be a laudable goal to fundamentally change 
unemployment compensation. What in the world is it doing on what is 
supposed to be an economic stimulus package?
  I see my friend from Wyoming, Senator Enzi, is here. I will conclude. 
This is neither bipartisan nor is it a compromise. It is generational 
theft, because we rejected a proposal on this side to establish a 
trigger that when our economy improves, we would be on a path to a 
balanced budget and reducing spending. These spending programs will 
remain with no way of paying for them. What are we doing to future 
generations of Americans? We need a stimulus package. We need to create 
jobs. We certainly don't need to lay a multitrillion dollar debt on 
future generations of Americans, once our economy has improved.
  We found out when we received 44 votes on a triggering mechanism what 
a lot of this is all about. It is increasing spending, increasing the 
role of government in a Draconian and unprecedented fashion, and laying 
a debt on future generations of Americans of many trillions of dollars. 
I urge colleagues to rethink their position. I still believe if it had 
not been a process that started with ``we won and we wrote the bill,'' 
we could have had a truly bipartisan approach which the majority of 
Americans would not only support but benefit from.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. Who yields time?
  The Senator from Montana.
  Mr. BAUCUS. Madam President, it is worth repeating until it is 
understood: According to CBO and the Joint Committee on Taxation, 99 
percent of all the Finance Committee bill is spent in the first 2 
years. If we add the whole bill together, the Finance Committee portion 
and the Appropriations Committee portion, 79 percent is spent in the 
first 2 years. This is an approach to get money spent quickly.
  The ACTING PRESIDENT pro tempore. Does Senator McCain yield time to 
Senator Enzi?
  Mr. McCAIN. I yield such time as he may consume to the Senator from 
Wyoming.
  The ACTING PRESIDENT pro tempore. The Senator from Wyoming is 
recognized.
  Mr. ENZI. I ask unanimous consent that the following speakers on the 
Republican side be recognized for up to 10 minute each, in no 
designated order, with the remaining time under the control of Senator 
Grassley: Senators Kyl, Alexander, Inhofe, Thune, Graham, Chambliss, 
Bond, Sessions, and Coburn.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. ENZI. Madam President, I have to say it: The emperor has no 
clothes. Somebody has to say it. I am referring to this additional 
bailout, a spending bill that spends everything we have on nothing we 
are sure about. I have watched with dismay and disgust as this stimulus 
ballooned from $800 billion to more than $930 billion in only 4 days of 
debate. Today my colleagues tell me I am supposed to be giddy that we 
are only spending $827 billion. Frankly, I have had enough of this 
bailout baloney. Members from both sides of the aisle are taking 
advantage of taxpayer shell shock and a strident sense of national 
urgency to pump the recovery package with wasteful spending and 
unending tax provisions that blatantly fail a crucial yet simple test 
set by my Democratic colleagues--that the provisions of the stimulus 
bill would be targeted, timely, and, most important, temporary.
  For example, this bill includes billions of new money for Federal 
agencies. Presumably these agencies will hire new workers. What happens 
at the end of the fiscal year when the funding for these new hires goes 
away? Will these new jobs be eliminated? Of course not. We never do. 
Lawmakers simply come back to the well in a few months and exert even 
more pressure to maintain the new programs and keep these new jobs and 
keep the bloated spending that supports them. There is nothing 
temporary about that kind of spending.
  There is also nothing temporary about much of the programmatic 
spending included in this bill either. For example, the compromise 
includes $13.9 billion in additional funding for Pell grants to help 
college students pay for college costs. I am a strong supporter of Pell 
grants. But we provide funding for them in the normal appropriations 
process which, incidentally, we haven't passed last October's 
appropriations yet. I always wonder when we will get around to doing 
that. We are kidding ourselves that after the stimulus bill, we will be 
able to return Pell grants to their prestimulus level. If we try to go 
back to that level, we will be accused of making college unaffordable. 
The same goes for the IDEA Program. It receives $13 billion in the 
compromise to improve education for disabled children. We are all for 
improving education for disabled children. But if we suggest that the 
IDEA Program go to a prestimulus level, we will be accused of cutting 
funding for disabled children. They are both good programs, but they 
should be

[[Page 3318]]

funded in the normal appropriations process because they are not 
temporary spending increases. That is $26.9 billion with only those 
two. That used to be big money around here.
  While this bill does not include traditional earmarks, we should all 
understand that there are earmarks in this bill. There is $850 
million--just millions, nothing--to bail out Amtrak; a $75 million 
earmark for the Smithsonian, a $1 billion earmark for the 2010 census.
  In addition to that, thousands of the projects that will be funded 
from this bill are what the American people would consider to be 
earmarks. For example, the compromise includes $1.2 billion for Byrne 
grants that will go to local law enforcement agencies to be spent on 
basically whatever they desire. This bill is not a stimulus package; it 
is another bloated appropriations package. That is another $3 billion 
that used to be real money around here. I wish I had time to cover the 
thousands of other spending ideas we would not fund in the past. Time 
does not allow it when you are talking about $800 billion.
  I think it is ironic that Congress spent last fall criticizing 
subprime mortgage lenders who sold overvalued homes to people who could 
not afford them--and created this mess we are in--when we are 
committing that very same sin today in this ``stimulus'' bill. This 
Chamber is guilty of trying to sell an overvalued, bloated spending 
bill to taxpayers who can ill-afford the price tag. But unlike those 
homeowners who just left the keys and closed the front door, the 
American taxpayer does not have that option of just walking away when 
this bill comes due.
  It is time to admit that, just like many Americans, the Federal 
Government has maxed out its credit card. But while most Americans are 
wisely trimming the fat in their budgets, reexamining their spending 
patterns, and focusing on what is truly essential, Congress has not 
smartened up yet. Now is not the time to put every politician's 
Christmas wish list on the Government credit card.
  We are already approaching the debt ceiling with alarming speed. In 
fact, I will bet most Americans do not know that buried deep in this 
stimulus bill is the increase to $12.1 trillion in the Federal debt 
limit. Let me repeat that: a $12.1 trillion debt limit. And that is on 
top of the trillions already set as a debt ceiling.
  The American people want Congress to act now, to act with urgency. 
They say we do not have time to wait. Well, that is what the party in 
charge is telling us. My reply is, do we have time to get it right? The 
American people do not want us to go fast for the sake of being fast. 
They want us to solve the problem, and they want a solution that makes 
sense to them. That is what will give the American people confidence, 
and confident American people are going to make our economy better, not 
the Federal Government throwing their money around with reckless 
abandon.
  Do not get me wrong, I understand the immediate need to jump-start 
our economy. The employment numbers released last week were stark 
evidence that jobs continue to disappear at a fearsome pace. People are 
frightened, and they feel they have nowhere to turn. But in steering a 
ship through a crisis such as this, Americans need to be confident that 
the lawmakers have a steady hand on the tiller and a firm eye on the 
horizon. And it is clear from the sinking poll numbers that this 
stimulus bill gives them no such confidence. Americans have had enough 
bailout baloney too. What we need is a new plan and a new approach.
  Alice Rivlin, a former OMB and CBO Director, suggested we split this 
bill into smaller pieces. I agree, and some of my colleagues agree too. 
Our first priority should be an antirecession package that can be both 
enacted and spent quickly. Elements of this bill should meet very 
strict criteria: The funds must spend out completely or expire by the 
end of this calendar year; the funds cannot be used to support 
permanent obligations such as entitlements or operating budgets; and 
the funds must be targeted at specific needs.
  A second, separate set of packages could be considered without the 
same urgency after the completion of the antirecession package. These 
smaller bills would include funds for long-run investments that are not 
needed to enhance the future growth and productivity of the economy, 
including infrastructure investment, education, and worker retraining. 
I have been trying to get that through for 4 years.
  Rushing this type of spending through, as we are doing in this bill 
today, ensures that mistakes will be made, plans will be poorly 
crafted, and precious taxpayer money will be wasted. This bill's 
ability to create jobs is dubious at best.
  When combined with the outrageous cost of past bailouts for Wall 
Street and the automakers and bailouts we are told are yet to come for 
the banking and housing sectors, the only sure thing about this bill is 
that taxes are going up for everybody--working Americans; senior 
citizens; businesses small and large; and, as we have mentioned all 
along, our children and grandchildren. No one will be spared the cost 
of this stealth expansion of the welfare state. I simply cannot support 
a future tax increase the size this bill implies and will need. I plan 
to oppose this bloated bailout, and I urge my colleagues to do the 
same.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. Who yields time?
  The Senator from Montana.
  Mr. BAUCUS. Madam President, I just want to remind my good friends on 
the other side, this bill also cuts taxes by $300 billion. It is a tax 
cut. My colleagues love tax cuts. This bill cuts taxes by $300 billion.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona.
  Mr. McCAIN. Madam President, I ask the Senator from Montana, he does 
not like tax cuts?
  Mr. BAUCUS. Very much I like tax cuts.
  Mr. McCAIN. Good.
  Mr. BAUCUS. But I might say, all I hear is complaints. I know the 
Senators on the other side like tax cuts, but they do not talk about 
the good stuff in this bill. There is a lot that is good about this 
bill, and it would just be great if they would talk about some of the 
good provisions as well because I know all my colleagues like tax cuts, 
including my dear friends on the other side of the aisle.
  Mr. McCAIN. Madam President, I urge my colleagues on both sides who 
wish to speak to come over and speak.
  Madam President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BAUCUS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. BAUCUS. Madam President, I will yield to the Senator from 
California such time as she desires.
  The ACTING PRESIDENT pro tempore. I thank my good friend.
  Mr. BAUCUS. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Baucus). Without objection, it is so 
ordered.
  Mrs. BOXER. I thank you so much, I say to the Presiding Officer, the 
chairman of the Finance Committee, the Senator from Montana, for giving 
me this time and also for your very strong leadership on this very 
important bill.
  I think, as I listened to the Senator from Montana this morning, he 
laid out the case for this bill better than I have heard, frankly, from 
anyone in the most clear fashion. When somebody tells you something is 
very complicated and you do not understand it, do not believe it.
  There is a very simple, cogent, important, urgent reason for this 
bill: We need to save jobs, we need to create

[[Page 3319]]

jobs, because if we do not, at the rate we are shedding jobs in this 
country, we are going to be headed for not a deep recession but perhaps 
even worse than that. My friend who is presiding pointed out that 3.6 
million jobs were lost last year. How can anyone possibly turn away 
from that fact?
  Saturday, I spoke on this bill and the need for it, and I had a 
picture of 1,000 people in Florida showing up at a job fair for 35 
firefighter jobs--1,000 people. It looked almost like a rock concert--
all these young people trying to get in line and fill out the forms for 
these jobs. The police had to come in--everyone was calm--just to make 
sure it was an orderly process.
  My friend from Montana pointed out that history will judge us on how 
we act right now. Again, just to keep it simple and focused, there are 
three things we can do. One, do nothing. Doing nothing, to me, is 
action. It is action for the status quo. Doing nothing, to me, is a 
hostile act on the American people. Doing nothing, from my mind, is 
closing our eyes to the election that was just held, an election that 
said: We need change.
  Now, what else could we do? We could pass a perfect bill. Trust me 
when I tell you, I can write one perfect for me. The Senator from 
Montana can write the bill perfect for him. The Senator from Arizona, 
who is leading the opposition--and, by the way, Senator McCain, I am 
pleased he is out here doing that because I think the people in America 
understand the difference between Senator McCain's approach and 
President Obama's approach, and this debate is about that, make no 
mistake. So Senator McCain could write the perfect bill.
  (Mrs. Hagan assumed the Chair.)
  I see Senator Hagan has come to the Chamber. She could write the 
perfect bill. Each of us could write the perfect bill for us. And guess 
what. If we each stood up here and said: My way or the highway, there 
would be no bill, and therefore we would have nothing. Nothing is, in 
my mind, a hostile act on the American people.
  Then there is a third choice: a compromise, a compromise plan that 
has been put together by Democratic Senators on our side and several 
Republican Senators on the other side. Now, for the life of me, I do 
not understand how anyone can say that is not bipartisan. Of course it 
is bipartisan.
  Let me be clear, our Republican friends are filibustering this bill. 
We could get 58 votes for this bill. We know that. That would be a 
strong majority. We do not have 60, and we need Republicans to help us. 
Several have stepped forward, and I thanked them so much the other day, 
and I repeat it again.
  So the three choices we have: do nothing is one choice, in the face 
of these horrific job losses and layoffs continuing--and in my State of 
California, I put in the Record Saturday company after company after 
company laying off, pulling in, fearful--we could do nothing; we could 
have the perfect bill, which means that each of us will fight for that 
perfect bill--maybe we can get one or two others to agree it is 
perfect--or we can have a compromise bill. That is what is before us.
  So just remember, if someone tells you this is not bipartisan, they 
are not telling you the truth because if they did not filibuster us, we 
could pass a bill with 51 votes. They are forcing us to get 60 votes; 
therefore, we must get Republicans to support us.
  Passing this compromise means we get to conference with the House. 
Now, that is going to be a very tough conference, and my friend from 
Montana knows better than anyone how tough it will be.
  I want to send a message to my friends in the House of 
Representatives: I know how you feel. I know things were left out of 
this compromise that you desperately want in this bill. But I will say, 
you should fight for that, but at the end of the day, again, go back to 
the three options: doing nothing, doing the perfect bill, or doing the 
compromise. My kids always say to me, ``You are where you are.'' And we 
know where we are. We are in the middle of a filibuster. We have 58 
Democrats, and we need to pick up Republican support, and we have done 
so.
  Now, I have to again point out to my colleagues why I feel my 
Republican friends are being just a little bit disingenuous when they 
shed bitter tears about the debt. Let's face facts. I didn't see those 
bitter tears during the Bush years. We went from $5 trillion in debt to 
$10 trillion in debt. Now they are very worried about another $800 
billion. I understand they are worried. We didn't like the debt either, 
and we don't like the debt. When we were in charge with Bill Clinton, 
we got that debt down. We turned deficits into surpluses. We know how 
to do that, and we will get our economic house in order. We have done 
it before. When the first President Bush handed us billions of dollars 
in deficits and trillions in debt, we worked on balancing that budget, 
and we handed George Bush a budget surplus--we Democrats did--a budget 
surplus. Now the debt is $1 trillion, and our friends on the other side 
cry about it.
  There is a cartoon in the paper today that was given to me, if I can 
find it. I remember it. Oh, here it is. It is called ``Deficit 
Patrol.'' It is frame after frame of Republicans sleeping through the 
increase in the debt. They slept through billions of dollars in tax 
cuts; never said a word about the debt. Those tax cuts were to their 
friends, the highest earners. They slept through billions in debt to 
invade Iraq, billions more for oil and gas subsidies, billions more for 
Iraq, and this thing goes on and on. They kept snoozing through the 
debt. The debt doubled. As a result of their action, every man, woman, 
and child in America carries an additional $17,000 of debt because of 
the war in Iraq, subsidies to oil and gas, and because of tax cuts to 
the very wealthy. Suddenly, now--when it is time to help working 
families and invest in them and in our schools and rebuilding our 
infrastructure and creating jobs--suddenly they wake up and say: Do you 
have any idea what that will do to the debt?
  Look, I support my friends on the other side having the right to do 
whatever they want to stop this bill, but I will tell my colleagues 
what is hard for me: to have these tears about the debt when all 
through the Bush era we had an open checkbook for Iraq, an open 
checkbook for the wealthiest Americans, and nobody cared about the 
debt. Nobody cared. Nobody cared about the deficits on the other side. 
We never had this conversation.
  What I want to say is, we certainly learned from the depression era; 
that when times are as rough as these times are, we must act. We must 
act. Now, it is sad to say we don't have a surplus, that we don't have 
the debt on the way down, but that is the way it is. You are where you 
are. So we can either do nothing, do the perfect bill, or do the 
compromise.
  So I would say to every Member of the Senate and every Member of 
Congress that we need to work together. I watched President Obama and 
just a little bit of his townhall meeting. He is out there and he is 
answering questions--some tough ones too--about why this is necessary, 
and he makes the point. He said: People go to the floor in Congress, in 
the House and the Senate, and they say: Oh, my goodness, we are 
spending in the face of this recession. Well, that is the whole point. 
There is no money in this economy. The banks won't lend. We have used 
the monetary policy to bring interest rates to the banks way down. We 
fed money to the banks and perhaps we forestalled a complete crisis. 
However, I will tell my colleagues, they are still not doing what they 
should in terms of lending. People are fearful. They are not spending. 
So it is a vicious circle, and we need to stop this vicious circle. The 
way to do it is to save jobs from being lost and create new jobs.
  Now, we know this all started with the housing crisis. Believe me, we 
tried on this side to pass housing legislation. Seven times we were 
filibustered--seven. Seven times we were filibustered. We must address 
housing, and I am glad to hear my colleagues on the other side coming 
up with some very good ideas on how to do that, and I agree with some 
of those ideas. This is a three-legged stool. We have to pass this jobs 
program, this jobs plan--and

[[Page 3320]]

by the way, these jobs will be created in the private sector as we go 
out to rebuild our roads and our bridges and our schools and make them 
energy efficient. Private sector jobs will be created. These will be 
contracts. So the first leg of that stool is jobs, jobs, jobs. That is 
what we are talking about.
  Next we have to deal with the housing crisis, as I said, belatedly 
so. I would like to see mortgages down, mortgage rates down for folks 
who will get a boost from that, an economic stimulus in their pocket 
from that. We have things we can do. Senator Durbin's plan for the 
bankruptcy courts is very important. If someone is underwater with 
their house, and they go to bankruptcy court, let's have the judge 
restructure their loan. These are things we should and must do. That is 
the second leg.
  The third is the financial crisis. I know the Obama administration is 
looking at some new ways, not just giving a blank check to these 
institutions, to these banks, but ensuring that they don't use it for 
big high salaries for the people at the top, for golden parachutes, and 
that in fact taxpayers have a stake in those institutions so we get 
paid back. That is a refreshing change. We are going to see that 
coming. That is going to be a very tough vote. I don't know how I am 
going to wind up voting on that. It depends on how much of that is 
aimed at the housing sector.
  But that is tomorrow, and this is today, and we are where we are. 
There have been more than 3 million jobs lost. Imagine that. In the 
State of Delaware there are less than 1 million people. So figure, it 
is almost four States of Delaware where every single person has lost 
their job. These are no ordinary times.
  Around here, I learned after many years the easiest vote was no. Vote 
no. It is so much easier. You could point to something in the bill you 
don't like--I say to my friend who is sitting in the chair, a wonderful 
new Member--you can vote no and say: You know, on line 7, page 240, 
there was something in there. It just brought me to a ``no'' vote. I 
couldn't take it. I disagreed with it.
  It is easy. It is the easiest way to vote because we don't know at 
the end of the day whether this package is going to do every single 
thing we hope it will do. But I will tell my colleagues it will do some 
of those things. It will create jobs. It will save jobs. It will help 
our States. It will help our communities. It will help make us energy 
efficient. It will help make us energy independent. It will lead us on 
the road to clean energy. It will unleash the technological genius of a 
lot of our people looking at clean energy.
  I want to close by again thanking those Republicans who joined with 
us. I know how hard it is. I have been in situations where I have 
stepped out, done something not popular with my caucus. It is very 
difficult. It is really hard, but at the end of the day we have to put 
country first. Country first. If you line up every economist in this 
Nation from the left to the right, except for a few on either end of 
the spectrum, they are all telling us to do a package about this size. 
Don't make it too small or it will be inefficient.
  I think the Senator from Montana was very instructive when he pointed 
out that the tax cuts will kick in--certainly almost 100 percent of 
them--in 2 years, and overall, 75 or 76 or even 80 percent of the 
package, spending and tax cuts, will kick in, in the first 2 years. 
Larry Summers, a great economist working for President Obama, has said 
he believes if a few dollars kick in 2 years out, that is not all bad 
because this is a deep recession. We are going to need those dollars as 
well.
  So to those three colleagues who came forward--I think I should say 
the two who came forward with Ben Nelson, Senator Collins and Senator 
Specter, taking the lead--thank you. I know it is hard. You are 
reaching out to this new President. He has everything on his shoulders. 
This is what he promised. He promised he would not sit back and allow 
the policies of the past to dominate: bickering, bickering, bickering, 
never getting anything done, and finding fault just for the sake of 
being able to vote no.
  Saturday I read into the Record a story about one of my constituents 
who has been out of work and out of work and out of work. He worked in 
the high-tech sector. He can't find a job. He is just desperate. He had 
to place his children into foster care. We cannot do nothing. When my 
friends on the other side say, oh, they are for doing something, at the 
end of the day, it seems to me, by making us reach a 60-vote, 
filibuster-proof majority, they are making it tough for us to do 
something. Let's not forget that. They are filibustering this bill. 
That is why we need to get 60 votes. So they are slowing it down and 
slowing it down and slowing it down. As a matter of fact, they stand 
here and say: What is the rush?
  I will tell them what the rush is: people being laid off every day, 
people losing health care every day, people losing confidence every 
day, people losing housing every day, people losing hope every day, 
economists telling us to move swiftly every day. So don't say you are 
for something when you are making us get a 60-vote supermajority, 
because people are smart in this country. They get it. They know what 
you are saying when you all of a sudden are afraid of the debt because 
we are doing things you don't like. You didn't mind going into debt for 
the war in Iraq--open checkbook. Rebuilding Iraq? Fine. Tax cuts for 
the wealthy few? Wonderful. No problem. You should look at that 
cartoon. It says it better. It just happens to be in Politico.
  So don't say you want to do something and then set up a 60-vote 
hurdle. Don't say you want to do something, but you are afraid of the 
debt when, for 8 long years, you have doubled the debt from $5 billion 
to $10 billion. Say the truth. Say the truth. I think I know what the 
truth is. You don't really like investing in schools. You don't like 
investing in workers. You don't really think it makes sense at this 
time to build more infrastructure. You don't like helping our cities. 
That is the truth.
  But we believe that is the way to stimulate this economy and grow it, 
stop it from sliding, reverse it. We are going to try to do it. We 
still have a long road ahead of us, no question about it. This isn't 
easy, but we are on the path to do it. I hope the American people will 
listen to our President both today and tonight when he holds his press 
conference. I hope the people will listen to this debate because it is 
very clear where the sides line up.
  What we need to do is the right thing for America. Those choices are 
clear: Do nothing, hold out for your perfect bill, or embrace the 
compromise. I am embracing the compromise, and I urge my colleagues to 
do it. I hope more will do it from the other side. I think it will be 
such a vote of confidence in the future and confidence in this 
President and confidence in this country if we can pick up more votes 
on the other side. I hope we will. I am very pleased to have had this 
opportunity to speak.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  Mr. KYL. Madam President, I am going to speak both about the general 
approach to the so-called stimulus package, as well as the deal reached 
at the end of last week that we will be voting on at 5:30 this 
afternoon.
  First, let me say you can usually tell when proponents of an idea 
don't have good arguments for their proposition. They generally set up 
a false premise, what is sometimes called a ``strawman.''
  It goes like this: We can't just sit here and do nothing. I ask 
anyone here, has anybody in this Chamber said we have to do nothing in 
the face of this crisis? No. Everyone who has spoken on both sides has 
said we have to do something. Has anybody here said we need to slow 
down and not act with alacrity because there is no problem or real 
emergency facing us? No. I think everybody has said we have a real 
problem in this country, people are hurting, and we have to do 
something as quickly as we can.
  It is not a choice between doing nothing or doing something. It is 
not a choice between acting quickly or taking our sweet old time at it. 
There is a

[[Page 3321]]

legitimate difference of opinion. One reason we have liberals and 
conservatives and Democrats and Republicans is we have people in this 
country who are smart and very patriotic, but they disagree about the 
best way to proceed ahead in various situations, including the crisis 
we are in right now. So let's don't denigrate the arguments of the 
other side.
  I respect what my colleagues are saying. They believe spending a lot 
of money in the way they are doing it is the right way to go forward. 
As the President has said: What do you think a stimulus bill is except 
a spending bill? I understand what he means. If you spend a lot of 
money, the theory goes, jobs will be created and that will stimulate 
the economy. But the original test he and others in his administration 
set forth was a little more precise than that. It was the correct test, 
put forth by Larry Summers, who said they are going to be choosing 
investments ``strategically based on what yields the highest rate of 
return for our economy.'' That is the right approach, not just spending 
for spending's sake; not just throwing a lot of money at the wall and 
seeing what sticks but targeting investments to see what really works.
  Unfortunately, that is not what has been done here. Let me give you 
one example. In the debate we had after the deal was announced by the 
Senators who went off and negotiated some reductions in the original 
bill, there was the comment made that the House bill was just a 
Christmas tree--I will quote it:

       It was a Christmas tree upon which every member virtually 
     had his or her favorite project. It was bloated, expensive, 
     and ineffective.

  That was the criticism of the House bill. Now, the deal struck by 
these Senators reduced some of the spending in various parts of the 
Senate bill. But it turns out that the final product is actually $7 
billion more than the House bill they just criticized. So even though 
they cut some money at the margins, the various pieces of the bill, 
because of other things that were added in the Senate which they didn't 
cut, the total Senate bill is even more than the House bill.
  I ask, is this money really targeted? One of the things one of the 
authors of this deal said made it a good deal was they added $14 
billion in Pell grants. Now, Pell grants are the money that each year 
the Appropriations Committee appropriates so that students can get a 
grant from the U.S. Government to go to college. We do it every year. 
It is a good program. People love to take advantage of it. It has never 
been viewed as a stimulus package. That money is appropriated every 
year through the regular appropriations process. But we have added $14 
billion in Pell grants.
  Pell grants means students who graduate from high school can go to 
college. They are not getting a job; they are not going out into the 
workplace. The teachers teaching them already have jobs teaching. I 
don't know where the jobs are created here.
  My point is twofold. It is a worthwhile program. We do it every year 
as part of the regular appropriations process. Why is it included in 
this bill as if it is going to stimulate something, as if it will 
create new jobs? It is not a stimulus. We do it every year. It is not a 
targeted investment strategically based on what yields the highest rate 
of return from the economy. It is sending kids to college, which is, of 
course, a good thing, but it should not be part of the stimulus 
package.
  The stimulus package, with regard to spending, is supposed to 
identify those things that will require a lot of people to go to work 
and, therefore, get hired on to do jobs. But this is an example of the 
kind of thing that isn't targeted strategically to achieve that 
objective.
  Another item was $6 billion for special education. Special education 
is a good thing. We appropriate money for it every year in the regular 
appropriations process. Why is it in this bill? Emergency spending? You 
don't have to offset it with spending reductions somewhere else or tax 
increases. It goes right to the bottom line of the deficit. It doesn't 
have to compete with anything else. As far as I know, you don't have a 
lot of special education teachers who are unemployed today. As a matter 
of fact, in education and health care you have the lowest unemployment 
rates in the country, around 2 to 3 percent. What is the targeted 
nature of this?
  It turns out these are things the people in the room making the deal 
were all for. They wanted to make sure these programs got funded well 
this year, so they stuck them in the bill. This is not targeted. It is 
not stimulative, for the most part. It is just money we think would be 
a good idea to spend.
  So a bill that was intended to encourage economic growth originally 
by investing in high-return projects has turned into a wild spending 
spree that is out of proportion and reason and won't achieve the 
objective it was intended for. In the process, it is going to cause 
tremendous waste. CBO noted that Government agencies don't have the 
ability to spend this kind of money quickly and efficiently. They are 
asking them to spend a lot of money quickly. That, obviously, results 
in a lot of waste.
  Even so, the reality is, they cannot spend that much money, as it 
turns out. In fact, less than half of the discretionary money of the 
kind I just identified will be spent before 2011--less than half. So 
more than half of the money we will start spending in 2011 and beyond. 
I hope the recession is over by 2011. So by that definition, over half 
of the money doesn't go to stimulate the economy and create jobs. It is 
ongoing, more permanent spending.
  We actually create around 30 new Federal programs in this bill and 
over $180 billion in mandatory or permanent spending. So it is not 
targeted for stimulative relief in the short run.
  Now, one of my colleagues said we should acknowledge requiring 60 
votes, as if that is somehow wrong, and Republicans are filibustering 
the bill.
  Let's understand we started debating this bill about 1 week ago. We 
are spending more money than we have ever spent in a piece of 
legislation in the history of the United States of America, and we have 
only spent 1 week at it, and the critical vote is at 5:30 tonight--1 
week after we started the debate. That is hardly filibustering. That is 
a point on which we don't need to spend any further time.
  There are still so many things in the bill that are wasteful. Time 
doesn't permit getting into all of it. Let me note some of the things 
we had talked about originally that I thought at least the people who 
made this deal would want to cut to avoid embarrassment. It appears 
that these things are in the bill: transition to digital TV. I am not 
sure how that creates jobs. There is another $300 million for Federal 
Government cars. That may help the auto companies. There is money for 
Amtrak. There is $1 billion for the census. There are green cards for 
the military. There are Filipino veterans of World War II in the 
Philippines.
  As I said, none of these things create jobs. They may be good ideas. 
Let them compete through the regular appropriations process and see how 
many would actually get through that process and what the priority 
would be.
  About a year ago, Amity Shlaes, a historian, wrote a book called 
``The Forgotten Man'' about the Great Depression. The title was used 
for two reasons. It is a phrase Franklin Delano Roosevelt used in one 
of his speeches kicking off one of his programs. It actually was 
borrowed from another person who was referring to, in today's terms, 
the ``little guy'' in our economy who bears the burden in our economy, 
who lives and plays by the rules and works hard and ends up paying the 
taxes on which everybody else relies. That is who the real forgotten 
man was at that time.
  I think there are a couple of forgotten groups of people here too. 
The first are the small businesses. I note about three-tenths of the 
total package is dedicated to small business relief. Yet small 
businesses create 80 percent of all new jobs. This is supposed to be a 
job creation bill. Think about that. Small businesses create 80 percent 
of the jobs, so you would think a good piece of the relief would go to 
small business. No, it is just three-tenths of 1 percent. They are the 
forgotten folks.

[[Page 3322]]

  The other group of forgotten folks includes our children and our 
grandchildren. I have two grandchildren, one whose birthday was 
yesterday and one whose is today. I cannot believe how fast they are 
growing up. I think about the legacy we are going to leave them in 
terms of all of this debt. It is very clear, from the CBO and all the 
others who have examined this that this $1 trillion is going right to 
our deficit. We are going from a $1 trillion deficit to a $2 trillion 
deficit next year. Eventually, of course, the debt has to be paid back.
  Other countries are buying much of the debt. When they say: We want 
our money back, Americans have to do one of two things: produce their 
way out of the debt; that is to say, have such a robust economy that it 
is producing a lot of tax revenue to pay the debt back or, inevitably, 
there will be a tax increase.
  Unfortunately, because of the effects of this bill, according to CBO, 
after 10 years there will be negative economic growth; that is to say, 
minus one- to three-tenths of a percent of negative growth over what it 
would have been. We cannot count on growth to lift us out of the 
economic situation we will be in. They say it is a little like a sugar 
high. We may get stimulus right away, and like when you have the sugar 
high, you then crash.
  So they are talking about .1 to .3 percent decline in GDP. Obviously, 
we cannot count on economic growth to produce the revenue to pay back 
the people who bought the debt. That could mean a tax increase. That 
would be a very bad thing to leave these kids and grandkids I love as 
part of what I did on my watch, to say we spent the money today so they 
could pay it back later.
  All I am saying is, we need to be much more careful about what we are 
doing. If we were talking about $200 million or $300 million, I would 
say we can take a chance; that it is a lot of money, but let's see if 
it works. Nobody knows for sure whether this will work. Anybody who 
says they know this will work, you can believe one thing: They are not 
telling you the truth.
  Nobody knows. But to spend $1 trillion and not know whether it is 
going to work is very bothersome. One of my colleagues said a trillion 
dollars is a terrible thing to waste. I don't think we would be wasting 
$1 trillion. A lot of this will actually build something we can use 
later, so it is not all going to be wasted. As CBO said, you cannot 
spend this much without wasting a bunch of money.
  Since most of it is not targeted to job creations, for reasons I 
mentioned, even though it may produce some result later on, the 
question has to be asked: Is it worth the expenditure now, in view of 
the crowdout effect in the private economy? Every dollar we spend is 
money that is crowded out in the private sector which, at the end of 
the day, is what creates jobs.
  Looking at that three-tenths of 1 percent for small business is 
illustrative of the point. Small business creates 80 percent of the 
jobs in the country. You would think we would be focused on small 
businesses if we are talking about spending money in this bill to get 
job creation. Yet only three-tenths of 1 percent goes to small 
business.
  Our point is, we are not being wise in the way we are spending this 
money, that we should be much more wise and that the deal that was 
struck last weekend to get the votes to pass the bill does nothing more 
than shave off some of the money at the top but does not fundamentally 
attack the problem I believe should be attacked.
  For that reason, I hope my colleagues will reconsider, and when we 
have this vote in about 3 hours, that they will consider the 
possibility that we could do better, that we could do better by making 
more modifications to this bill than were done in the so-called deal 
that was struck last weekend. Hopefully, if they vote no, we will have 
the opportunity to go back and do that. If we don't, we are on this 
slippery slope to spend $1 trillion to an uncertain outcome, except we 
know we eventually will have negative growth and a lot of waste to show 
for our efforts.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Madam President, first, let me state something that is 
unexpected at this time. I was with Wade Paschal yesterday, and we were 
talking a little bit about love, something we don't see or sense a lot 
of in this body. In 1 Corinthians 13:13, there are three things--faith, 
hope, and love, and the greatest of these is love. I find myself faced 
with this dichotomy sometimes with feeling this and yet telling the 
truth at the same time because sometimes the truth isn't that prevalent 
around here either.
  I had an unpleasant experience last Thursday with the junior Senator 
from West Virginia. I was pretty well assailed in different ways, and 
yet it really didn't bother me. Keith Oberlin called me the worst 
person in the world; Vanity Fair, a conspiracy theorist. I have to say 
this, though: At least they are all liberals. I love them all.
  Having said that, let me discuss the politics of what is happening 
right now because this is something I think is going to end up being a 
positive thing for Republicans. I know not many people have thought 
this through in the same way I am going to present it.
  Tonight the Senate will vote on whether to shut off debate--well, 
first of all, it needs to be clarified. A lot of people do not know 
what is going to happen tonight. I have been asked a lot of questions: 
Is it tonight at 5:30 or tomorrow? The key vote is tonight. This one 
needs 60 votes to cut off a filibuster. They have to have, in this 
Senate, two Republicans. If all Republicans stuck together in this 
Senate, such as they did in the House last week, this legislation would 
be dead. It wouldn't go anywhere. However, that is not what is going to 
happen.
  Martin Feldstein called this an $800 billion mistake. He is not the 
only one disappointed in the Senate. Democrats worked hard in the past 
week to make this nearly a $900 billion mistake. In fact, the 
Congressional Budget Office reported, during the House consideration of 
its $820 billion version of this spending bill, that the cost of 
servicing the debt on all new debt created by this bill would be 
roughly $347 billion over 10 years, which means at $820 billion, the 
real cost, as we have heard before from many other people, would be 
$1.2 trillion.
  It is a hard thing for people to grasp. It is hard for me. I remember 
when we were talking about the $700 billion bill that came up last 
October in the bailout, as it has been called, trying to put that into 
words so people would understand it.
  If you take the 140 million families who file tax returns--and do 
your math--that is $5,000 a family. Now we are talking about something 
far greater than that.
  I have been quoted as saying this bill we are going to be considering 
at 5:30 p.m. today is 93 percent spending and 7 percent stimulant. We 
know what stimulant is. We know what it takes to stimulate the economy. 
When I talk about what is in this bill to stimulate, I find only two 
things. One, a very small tax provision, accelerated depreciation and a 
loss carryback provision and, second, it has $27 billion in highway 
construction. This is interesting because the House bill actually had 
$30 billion. My feeling is if we are going to spend all this money, 
let's at least get something for it, provide some jobs, get some roads, 
highways and bridges, things this country needs. But they elected not 
to do that.
  If you add together the accelerated depreciation and the tax 
benefits, that is about 3\1/2\ percent, and the $27 billion is about 
3\1/2\ percent of the total amount we are going to be talking about. 
That is where you get 7 percent of stimulus and 93 percent spending.
  We know what works. That is the issue that is frustrating to a lot of 
people. We know how to stimulate the economy. We have done it. At the 
end of World War I, they said: We raised taxes to support the war. Now 
we are going to reduce taxes because we don't need that money anymore. 
They reduced taxes, and it increased the revenues.
  The real one who discovered this who had the foresight was President 
Kennedy. President Kennedy, during that

[[Page 3323]]

time, made a statement that we have to have more revenue to run all 
these Great Society programs, and the best way to increase revenue is 
to reduce marginal rates. He did. He lowered tax rates across the 
board. He helped create the longest economic expansion in American 
history.
  Listen to this: Between 1961 and 1968, the economy grew by 42 
percent--42 percent. Fast forward to the eighties. In the eighties, we 
had a President named Ronald Reagan. In 1980, the total amount of 
revenue that was derived from the marginal rates was $244 billion. In 
1990, it was $466 billion. It almost doubled in the decade that had the 
largest tax reductions in this Nation's history. So we know what we can 
do.
  I have to say that a lot of this started with the $700 billion 
mistake that was made, in my opinion, back in October. The Senate voted 
74 to 25 to empower one unelected bureaucrat to buy billions of 
dollars' worth of troubled assets. As it turned out, interestingly 
enough, he didn't do that. That is what he said he was going to do. 
That is what he told me personally he was going to do.
  Finally, after all this bailout mania extended to the auto industry, 
Congress had the opportunity to redeem itself on the second half of 
that $700 billion mistake. In that vote, 33 Republicans and only 9 
Democrats voted disapproving release of the second $350 billion.
  We have to look at what has been going on in the debate. We are 
debating this multibillion-dollar legislation, and I think some of my 
Republican colleagues are too gracious to lay collective blame where it 
should be, and that is clearly on the Democratic side.
  As the House considered this spending bill in a vote of 244 to 188, 
not a single Republican voted in favor of the $820 billion spending 
bill. Only by Republicans sticking together, 100 percent together in 
the Senate, can we stop this $1.2 trillion mistake. But should it pass 
this week, no one should be fooled and think it was done in a 
bipartisan way.
  At the end of the Senate's consideration of H.R. 1, we are voting 
tonight to end debate on what is going to be called a compromise 
proposal. It is being called a compromise proposal. Let me tell the 
American people that the vote tonight on a proposal supported by all 
the Democrats and two Republicans is the furthest thing from a 
compromise proposal. In fact, the proposal we are now considering makes 
this past week in the Senate a waste of all our time.
  Why do I say that? Let's look at the numbers. The House passed an 
$820 billion bill. In the Senate, we started with nearly $855 billion, 
more than the House. Although the compromise proposal reportedly only 
costs $780 billion, it includes the cost-raising amendments the Senate 
considered, bringing the price tag to around $827 billion. So what we 
are going to be considering tonight is actually $7 billion more than 
the House bill.
  I do believe Senator McCain made an excellent statement. I am going 
to read the statement because I think he captures it. This is on the 
floor of the Senate. He said:

       There are 178 Members of the House of Representatives who 
     are Republicans. They all voted against the bill, plus 11 
     Democrats. There are 40 Republican Senators here. We now have 
     2, count them, 2, who have decided behind closed doors, 
     without consultation with the other 38, to come to an 
     agreement, which you can call it a lot of things but 
     bipartisan isn't one of them, unless you say that 2 
     individuals and possibly a third, but no more than that out 
     of 40, are in agreement. I've been involved in a lot of 
     bipartisan legislation . . .

  What we are talking about is 2 out of 535 in the Congress. This 
cannot be considered by anyone to be bipartisan.
  I offered some amendments I thought would be good that would actually 
stimulate the economy. There are two of them. One was to redirect over 
$5 billion from programs, such as television coupons, trail 
improvements, renovations to Federal buildings in Washington, DC, to 
military spending and procurement. According to economic reports by 
Standard & Poor's, defense spending along with infrastructure 
investment and tax cuts has a greater stimulative impact on the economy 
than anything else the Government can do. However, how did my amendment 
fare? Thirty-seven Republicans and Senator Lieberman voted in favor of 
it. All the Democrats voted against it.
  The PRESIDING OFFICER. The Senator has spoken for 10 minutes.
  Mr. INHOFE. Madam President, I ask unanimous consent to continue 
speaking for another 10 minutes.
  The PRESIDING OFFICER. Is there objection?
  Mr. McCAIN. Reserving the right to object.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Can the Senator make that 5?
  Mr. INHOFE. Five is fine.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. Madam President, that is part of it. The other is 
infrastructure. To cut this short, the Department of Transportation 
recently estimated that for every $1 million invested in highways and 
bridges, 27,800 jobs were created, and the last jobless numbers show 
that 899,000 construction workers have lost their jobs. If you do the 
math and take both these amendments, had they been adopted, it would 
have provided over 4 million jobs. This is the number President Obama 
has talked about doing. Again, it should not have been defeated, but it 
was right down party lines.
  We have had several amendments. Senator McCain had probably the best 
one because it substituted reducing payroll taxes, lowering marginal 
rates, lowering corporate rates, offering accelerated depreciation for 
small business. This is exactly what Presidents Kennedy and Reagan did. 
On this amendment, all the Republicans voted for it and all the 
Democrats voted against it.
  A bipartisan amendment was offered to allow repatriation of foreign 
earnings at a reduced tax rate.
  Senator DeMint offered a substitute with provisions to reduce 
corporate taxes and individual marginal rates, repeal the AMT, reduce 
capital gains and estate taxes. The result of that amendment was 36 
Republicans supporting it and 57 Democrats opposing it.
  Senator Thune offered a substitute to reduce marginal rates, offer 
AMT relief, offer bonus depreciation and small business tax relief, 
deductions for health coverage, and homebuyer assistance. The result of 
that amendment was 37 Republicans supporting it and 57 Democrats 
opposing it.
  All these amendments would have stimulated the economy; however, they 
were all killed down party lines.
  The reasons I said at the beginning--and I planned to get into a lot 
more detail, but I didn't know we would be operating under the rules 
under which we are operating. This does have a happy ending. Katie, my 
daughter--Senator Kyl was talking about his two grandchildren. These 
are my 20 kids and grandchildren. I equally have a great concern over 
what is happening. This little girl, Katie, my daughter, and these 
little girls asked the question: What does the United States do? If we 
did that, would our country go bankrupt?
  I said: No. I want you to remember 1992. In 1992, a very similar 
thing happened. We had a Democrat in the White House, we had a 
Democratic-controlled House, a Democratic-controlled Senate, and we saw 
what happened. They started spending money. We had Hillary health care. 
All these things the American people know won't work.
  So I would say this: I believe what is happening today, as bad as it 
sounds to conservatives right now, are things that can change this, if 
it will get the attention of the American people. I believe we are 
going through the same thing we did in 1992 and we are going to have 
the same results we had in 1994. This is the largest spending in the 
history of humankind and in the history of the world, and it is 
something we should not let happen, but it is going to happen right 
down party lines.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Madam President, I always enjoy hearing my friend from

[[Page 3324]]

Oklahoma. But I regret he feels that what is happening in America today 
somehow relates to 1992, implying that when Democrats assume power, 
somehow things are going to collapse, and we find ourselves in a tough 
situation because all they want to do is spend, and all this and that. 
The fact is there is plenty of blame to go around with respect to what 
has happened in this country. It is not one party, it is both parties.
  I say to my friend: We have seen a hemorrhaging of red ink in this 
country the last 8 years. I am not going to spend time talking about 
it--but I could, and almost should, except I don't think it contributes 
too much at this time to point out that we decided to go to war and not 
pay for a penny of it in 8 years, to charge it all and run up the 
Federal debt. Look, there are a lot of things wrong. A lot of things 
have been done wrong by the past administration, by Republicans and by 
Democrats. I understand all that. That is not the issue. The question 
is what do we do to put it right.
  You know, there was a situation in Miami the other day. They had 35 
jobs for firefighters and a thousand people showed up to apply. Now, 
look at these faces. Look at the faces of these people, one by one. All 
they hope for is an opportunity. A thousand of them showing up, 
thinking perhaps they will get a shot at one job, because there are 
only 35 available. These people don't give a rip whether you are 
talking about Republicans or Democrats. All they care about is whether 
you can talk about what might succeed to help put their life back in 
order, to help put this economy back on track, and to give them a 
feeling that they might have an opportunity to find a good job, one 
that pays well and provides benefits, and one that allows them to help 
take care of their family. That is all they care about. That is why a 
thousand of them lined up down the sidewalk in search of 35 jobs.
  Now, this looks like a crowded picture. But what if we could take a 
look at 2.6 million of them? There is no picture of the 2.6 million. 
That is the number of people who lost their jobs last year. Actually, 
it turned out to be just over 3 million in the last 12 months. What if 
we had a picture of the last 2 months, with over 1 million people 
lining up wanting a job because they got laid off? Think of it.
  More than one million people had to come home, or call home and say 
to their family, the person they love, you know what, I have lost my 
job. No, it is not because I have done a bad job. I have worked here 
10, 15, 20 years, and I did everything I could. I got all evaluations 
that were in the top 5 percent. I am a terrific worker, but I lost my 
job because the company had to cut back.
  I wish we could have a picture of a million people lined up so we 
would understood the faces and the agony and the despair of losing your 
job in the last 2 months. And it would describe the urgency. No, not 
the urgency to come and talk about Democrats and Republicans, but the 
urgency to talk about what we can do to put this place back on track.
  I wonder sometimes whether anyone knows what exactly the right 
medicine or the right dose of medicine is needed to fix what ails this 
economy. I confess I don't know. I know what we shouldn't do. I have a 
pretty good handle on what we shouldn't do. Let's not take the position 
of being an observer and deciding, you know what, we intend to do 
nothing. Let whatever happens happen. If our economy is perched on the 
edge of a cliff and falls off the side to a deep depression, so be it. 
That is not my position. I think our position has to be to do whatever 
we can to try to put a foundation under this economy and see if we can 
lift this economy to provide jobs, provide growth, and expand and give 
people hope once again.
  I have given many speeches on the floor of the Senate about the past. 
I have talked about what has caused this wreck--and this clearly is a 
wreck. In 1999, this Congress and the President decided what we wanted 
to do was to get rid of all those old-fashioned things that were put in 
place after the Great Depression to separate traditional banking from 
risk. Let's get rid of all of that and see if we can allow banks to 
create big old holding companies and merge, and so it happened. They 
ran that through here like a hot knife through butter, and everybody 
was fat and happy and singing songs of celebration.
  Not me. I voted against all that. I fought against it all. I said at 
the time that within a decade I thought we would see massive taxpayer 
bailouts. And we have. The biggest financial institutions in this 
country, the biggest banks and the biggest financial institutions in 
this country got involved in a series of risks--buying toxic assets, 
doing things that were unbelievable--and the whole tent came collapsing 
down. Then we were told, you know what, it is the taxpayers' 
responsibility. So the Federal Reserve Board rushes in with a net and a 
pillow to say to the big financing institutions: We have money for you.
  You know, it is interesting. We are told now, at the latest count, 
that $8.9 trillion--no, not the $800 billion we are talking about on 
the floor of the Senate--but $8.9 trillion has been used of taxpayers' 
funds to lend and guarantee certain things, most of it by the Federal 
Reserve Board and some by FDIC. Most of it was done without a vote. It 
is done well outside the sunlight of good government. In fact, an 
enterprising news organization called Bloomberg had to sue the Federal 
Government to find out how much has been committed.
  I don't know that there is some divine right of all the biggest banks 
in this country--who got bigger and created holding companies and 
became too big to fail--to be kept to succeed and to continue to live. 
Maybe--and we won't talk about this much, because no one wants to--we 
should recreate or create new financial institutions. But no one wants 
to talk about that. Why is it we decide to invest in failure? Probably 
we should invest in success. Maybe we should decide, if these financial 
institutions ran this country into the ditch, to create new financial 
institutions, to help capitalize those institutions that won't do that.
  Again, briefly, as I talk about why we must do something, it is not 
strange that we have seen this wreckage. I had someone on Saturday at a 
meeting I was at in North Dakota, saying: You know what, the government 
has caused all this. I said: I tell you what, the government has plenty 
to answer for. You are darned right the government has a part of it--
fighting a war without paying for it. Part of it is a trade deficit of 
$700 billion to $800 billion a year. Most people here are willfully 
blind about the fact that we are consuming significantly more than we 
produce. Two billion dollars a day represents our trade deficit, every 
single day. You can't keep doing that. Our fiscal policy deficits are 
way out of control because we fought a war and we didn't pay for it. So 
government has plenty to answer for.
  But I told the person who asked me that question--isn't this all the 
government's fault?--I said: Government didn't put out all this bad 
paper. That was greedy mortgage companies out there writing bad 
mortgages, unbelievable mortgages, no different than Madoff's Ponzi 
scheme, and then packaging them in securities and selling up to hedge 
funds, and then selling up to investment banks, and the whole country 
is larded now with toxic assets that we are told threaten the entire 
banking system. So now the American taxpayer has to be a backstop in 
order to save the very companies that ran this into the ditch.
  You wonder why the smartest in the room, the best and the brightest, 
didn't understand it was a bad security when you put a mortgage into 
the hands of someone who can't pay it and then tell them they only have 
to pay interest; you don't have to pay any principal; in fact, if you 
don't want to pay interest, you can pay no principal and only partial 
interest, and you don't have to document your income in order to get a 
loan from us. Bad credit, no credit, bankrupt, slow pay, no pay, then 
you come to us. Those were the advertisements by Millennium Credit, 
Zoom Credit, and Countrywide Mortgage. They all did it, and they put 
out a lot of bad paper. The whole thing's collapsed.

[[Page 3325]]

  The banks were all happy because they were all buying these things 
and they had high yields. And the reason they had high yields is they 
loaded them up with prepayment penalties, so the borrower couldn't get 
out of it. So here we are with this system that has collapsed around 
us, and what are the consequences? Do you think most of the people who 
did this have lost their jobs with the big banks? Absolutely not. They 
are still accepting big paychecks. But these people lining up in Miami, 
a thousand of them for 35 jobs, are the victims of an economy that has 
collapsed.
  The question is: Do we do nothing? Some of my colleagues are 
perfectly content to do that. They come to the floor and talk about, 
you know what, this is all about 1992; or let's go back to Calvin 
Coolidge. How about let's blame it on Calvin Coolidge or Jimmy Carter? 
It doesn't make any sense at all to be doing that. Let's talk about 
where we find ourselves and where we want to be and how we might get 
from here to there.
  I confess I don't know exactly what is going to work. I used to teach 
a little economics in college, but I don't know that there is any 
economist or anybody who can say that if we do these three things, this 
is going to work. I confess that we don't know. Normally, there are two 
tools in the toolbox to try to fix the economic engine of this country: 
One is called fiscal policy--taxing and spending. But the fact is we 
have had a stimulative fiscal policy for a long time. We have been 
running big deficits for a long time, so it is not exactly that that 
tool hasn't been available. That tool has been used and reused, and I 
don't know how effective it is. The other tool in the toolbox is 
monetary policy. There is nothing in the toolbox left there. Interest 
rates are down nearly to zero with respect to the Fed and what it 
charges. So there is not much juice left in monetary policy. But what 
the Fed has done is used its ability--somewhere in the shadows--to push 
a lot of money out the door with no transparency as to who got what and 
how it was used. So I don't know, with respect to the fiscal or 
monetary policy, the impulses they might have to help fix this economy.
  What I do know is this: A piece of legislation--an economic recovery 
plan--has been put together. That follows on the heels of the $700 
billion TARP legislation--the Troubled Asset Relief Program. I voted 
against TARP, and am happy I did. I didn't think they had the foggiest 
idea what they were going to do with that money, and I was dead right. 
I have no idea where it went or what was accomplished with it. There 
was no accountability and no strings attached. This is different. This 
legislation is an attempt to say: You know, we can learn at least 
something from some things that we have tried in the past.
  We have an unbelievable backlog in infrastructure investment that 
should have been made in this country and has not. I will give an 
example: In the last few years, we have been funding 900 water projects 
in the country of Iraq with taxpayers' money--900 water projects. We 
have tens of billions of dollars in infrastructure backlog in this 
country--of water projects--which we have not been doing what we should 
about. So how about investing here at home repairing the roads, 
repairing the bridges, repairing other infrastructure--building the 
water projects that are authorized and ready to go, fully designed and 
fully engineered? That puts people to work. It puts people on a 
payroll. It takes people out of this line and says, we will put people 
to work even as we build infrastructure for this country's future. Is 
that a good thing? It seems to me it probably is.
  My colleagues have put together a piece of legislation, and I have 
been a part of it. I was involved in the negotiations last Friday for 
about 3 hours to see if we could find middle ground, which we have 
done. We cut nearly $110 billion out of the proposal that existed. I 
was all in favor of those cuts. It seemed to me there were areas that 
could and should be trimmed, and now are trimmed from that proposal. 
But at this point, the question is: What do we do?
  I certainly have respect for those who have a different view. Some 
have a view we should simply use tax cuts, because tax cuts have the 
biggest juice. But the economists say that is not true. It isn't the 
case. And besides, if that were the menu, we have been through a decade 
of that. We know the function of all of that. So I have respect for 
those who believe that; I just believe there is a different approach. 
The key is not to use some proxy to put people back to work. The key, 
at the short term, is to see if you can put people back to work now 
doing something that represents gainful employment and which will build 
an asset for this country.
  That is what our attempt is here. And, boy, I think there is plenty 
of reason to be critical. I understand that fully. The question is: Are 
we willing to do something? I have often told my colleagues, I think it 
was Mark Twain who was asked once if he would be willing to engage in a 
debate. He said: Oh sure, as long as I can take the negative side. And 
the person who asked said: But we haven't even told you what the 
subject is. He said: Oh, it doesn't matter. The negative side will take 
no preparation.
  So it is easy, it seems to me, to decide what doesn't work and to 
oppose it. It is much more difficult to decide how you put together 
something that is constructive and positive that you think will give 
this country some help and some hope.
  I said when I started, I don't know, and no one does, exactly what 
will work. I told a meeting on Saturday when I was asked the question: 
Can you guarantee this will work? I said: No, I can't. There isn't one 
person you can bring into this room who can tell you, yes. If they do, 
they are not telling you the truth.
  What unites all of us is none of us have ever been here before. We 
have never seen a circumstance where the system of finance has 
virtually collapsed with toxic assets laced everywhere in the system, a 
system in which we have had a subprime loan scandal. It has resulted 
now in the complete collapse of the housing bubble--which was, by the 
way, aided and abetted by my friend, Alan Greenspan, who was supposed 
to have been overseeing this sort of thing and did not. But now you 
have, according to Martin Feldstein, one in four homes in this country 
in which the home has less value than the mortgage on the home. That is 
a pretty significant problem.
  Then you have 598,000 people told their jobs are gone as of the last 
month and a half million people the month before. It is running into 
the millions of people who lose their jobs and lose their homes and 
then lose hope and lose confidence.
  I would say this: When I taught economics--I did the things you do. 
You teach the supply-demand curves, Gresham's law, and all the things 
you teach in economics. But, by far, the most important thing I taught 
students is confidence. If the American people are confident, believe 
their future will be better than the past, have confidence in tomorrow, 
then they will do the things that represent and manifest that 
confidence. They buy a suit of clothes, buy a car, take a trip--they do 
the things that will expand this economy. Why? Because they have 
confidence in the future. When they lose confidence in the future and 
they are unsure of that future, they do exactly the opposite. They say 
I am not going to make that purchase. I am not going to take that trip. 
I will not buy that car. That is the contraction side of the economy.
  You can do all the things you want to do in the Senate, and the Fed 
can do all they want to do. The fact is, we are in trouble if we don't 
provide some way to say to the American people: You can have confidence 
in this country. You can have some belief that things will be better 
for your kids than they were for you. So we can start the economic 
engine on the ship of state and get it moving again. If we can say that 
to the American people, we will turn this economy around.
  I know that there is not just one idea that represents a silver 
bullet. I understand that as well. But at the end of

[[Page 3326]]

the day, the Senator from Montana, the Senator from Hawaii, who are 
managing this legislation--at the end of the day, it is our 
responsibility, their responsibility, it is the responsibility for us 
to govern in a way that says to the American people: Here is a plan we 
think has a chance. Here is an approach we believe has an opportunity 
to put us back on track once again.
  I want to make one final point. Even as we do all of this as best we 
can to try to help this country recover, it is very important for us to 
seek accountability, going backwards and forwards. We need to 
investigate exactly what has happened. We need a prosecution task 
force, we need a select committee in the Senate, we need to do all 
these things. We ought to be subpoenaing people in front of committees 
to say: What did you do? We need to get to the bottom of all of this 
and make sure it can never happen again.
  This notion of deciding self-regulation, quote-unquote, according to 
Alan Greenspan, works in the interests of everybody--let's understand 
that. Self-regulation did not work. What happened to us in self-
regulation is we were stolen blind and the American people have paid 
for it now to the tune of maybe $9 trillion and still counting.
  We need to put a lot of things back together. I want to be a 
constructive party of one, saying I want to play a role. Whatever the 
consequences, I want us to take action to try to help this economy 
recover.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from South Dakota is recognized 
for 10 minutes.
  Mr. THUNE. Madam President, I want to take issue with something that 
was said on the Senate floor earlier about this being rushed and that 
Republicans are blocking this or slowing this down or delaying this 
bill. I have to take issue with that.
  If you think about the enormity of what we are dealing with, we are 
talking about spending $1 trillion of our hard-working American tax 
dollars. We have been on this bill literally since last Tuesday. So 4 
days last week and today--it seems to me, at least by Washington 
standards, that is pretty much light speed for moving anything around 
here. So to suggest that somehow Republicans are blocking or delaying 
this bill is a complete misstatement of the facts with regard to 
anything historical in the Senate.
  When you are dealing with big issues, when you are dealing with 
issues of consequence, the Senate typically takes a certain amount of 
time and considers amendments. We have had 26 rollcall votes on this 
bill, only 5 amendments have been accepted. Unfortunately, most of the 
amendments that have been voted on and been accepted are amendments 
that have added to the cost rather than reduced the cost. But the point 
simply is the 4 or 5 days of time in the Senate to spend $1 trillion. I 
said this before, but I will repeat it: $800 billion, which is the base 
amount of the bill, when you add in the interest costs of about $350 
billion, it gets you up to almost $1.2 trillion. But I said this last 
week: Between the Revolutionary War and the Presidency of Jimmy Carter, 
we only, as a nation, borrowed, cumulatively, $800 billion. We are 
talking about borrowing $800 billion from future generations in this 
one piece of legislation.
  This is historic. It is unprecedented. It is stunning in terms of the 
size and scope and scale, and it certainly ought to be given the 
consideration I think something of this consequence and magnitude to 
the American people deserves.
  I think it could be said about this legislation: The more things 
change, the more they stay the same. I said before, when we saw this 
bill come over from the House, it was about $820 billion. It got added 
to in the Senate, got up to a little over $900 billion. Then this last 
week there was this big debate about we are going to be able to reduce 
its size; we are going to change some of the ways in which it is 
funded, make it more stimulative and more oriented toward job creation. 
But the reality is, in spite of all those statements to the contrary, 
we are faced with a bill today that is essentially larger than the bill 
that came to us from the House.
  The so-called compromise, which was designed to cut extraneous 
wasteful spending from this bill, reduced the overall amounts in some 
specific categories, but it didn't eliminate the categories. We are now 
spending on the same types of wasteful nonstimulative items--we are 
just spending slightly less than we were going to under the original 
bill we had last week in front of us. In fact, compared, as I said, to 
the bloated House bill to which so many people across the country 
reacted negatively, we are actually spending more.
  So the Senate bill, the so-called compromise, is actually not smaller 
but, rather, larger than the House bill.
  Second, the same shotgun approach to funding programs that are not 
temporary and not targeted is being employed. So we continue to fund 
budget items that still reflect bad policy and bad precedent. We just 
do so a little less. Expansions of Medicaid, COBRA, the first ever 
foray by the Federal Government into school construction--they are all 
policy and precedent-setting changes from which it will be very hard to 
retreat.
  Make no mistake about it, with this bill we start down a path to a 
bigger and more pervasive Federal role, thereby changing the 
traditional dynamic between the Federal Government and State and local 
government. I do not believe this is the bargain the American people 
thought they were getting.
  Just where are we in this process, as we end up on the Senate floor 
this Monday afternoon? We still have a $800 billion bill, more than 
$800 billion. As I said earlier, it is larger than the House bill. The 
House bill came over at $820 billion. The Senate added to it, got it up 
close to $940 billion. It got cut back under the so-called compromise 
that emerged last week. But the compromise leaves us at a point where 
we are actually spending more, $827 billion, than the bill that 
originally came to us from the House, which was scored at $800 billion. 
Add in the interest: $1.2 trillion.
  It really has not been reduced from the levels that most Americans 
found to be very disturbing about the House bill. In fact, the Senate 
bill is actually larger, not smaller, as I said before, than the House 
bill.
  Second, it continues to be poorly targeted, spraying money at all 
kinds of programs, new and old, that have little hope of creating 
private sector jobs. We got the report from CBO last week which 
suggested, again, that there could be as few as 1.3 million jobs 
created from the previous Senate bill. My assumption, of course, is 
although this has been reduced--not by much--the overall job creation 
will be less under the so-called compromise than it was under the 
original bill introduced last week.
  Third, it is not timely. Much of the job creation in here will take 
years, due to the number of new programs that are created which will 
require new bureaucracies to be stood up, regulations to be issued, and 
all the redtape that is attendant to the creation of new Government 
programs.
  Fourth, it is not temporary. The mandatory funding in this bill will 
be added to the baseline, creating long-term spending programs and 
liabilities that are permanent. Let's not fool ourselves. Much of the 
spending in this bill is not going away.
  Fifth, every penny is borrowed from future generations. There is no 
way we can get around what we are doing to our children and 
grandchildren. Not only are we handing them all this debt, according to 
CBO, passing this bill will cost us in GDP growth down the road, making 
it even harder for our children to experience the growth in the economy 
that will be necessary to retire this kind of debt, not to mention the 
inevitable increase in inflation and interest rates that come with 
greater Government borrowing.
  Finally, lest there be any confusion about the magnitude of what we 
are doing, let's remember again what $1 trillion represents. As I said 
before, more than the total amount of borrowing between the 
Revolutionary War and the Presidency of Jimmy Carter. The debt service 
alone on that amount of money, that amount of borrowing, is almost $350 
billion over a 10-year period. The deficit for this fiscal year

[[Page 3327]]

alone will exceed 10 percent of our gross domestic product, a level we 
have not seen since World War II.
  I was a business student years ago. When we did financial 
calculations, we used a Texas Instrument Business Analyst II calculator 
to do our financial calculations.
  That calculator would be inadequate to today's debate. There was not 
enough room on the screen to accommodate the number of zeros we are 
talking about.
  This is serious business. We better get it right. This bill misses 
the mark. It spends too much, and it does too little. We offered lots 
of amendments last week to make it better, all of which were rejected. 
But I submit there is a better way. This bill has the votes to pass. We 
know that based on the agreement that was reached. But it is not too 
late to put the brakes on and actually sit down and work on a true 
bipartisan basis on a solution that sticks with the mantle of fiscal 
responsibility and actually would create jobs.
  I hope my colleagues will defeat this bill and avoid making a mistake 
for which our children and grandchildren will pay for generations to 
come.
  We know there are other installations of borrowing that are coming. 
We know the debate that was going to occur in the House last week on 
the first ever $1 trillion Omnibus appropriations bill was delayed 
because they didn't want to get it conflicted with the other $1 
trillion we are going to be spending for stimulus. So we have a $1 
trillion bill coming, an appropriations bill coming, a $1 trillion 
stimulus. We know the announcement is going to be coming tomorrow from 
Secretary Geithner about what their intentions are with respect to 
market stabilization and additional liabilities the country will 
acquire as a result of that effort. As my colleague from North Dakota 
earlier today noted, there is the Bloomberg story today about the 
trillions and trillions of dollars which Americans are being put on the 
hook for in the future.
  We have lots of additional liabilities, obligations, debt that is 
coming down the pike. It is going to affect our children and 
grandchildren for generations to come.
  There was something said earlier about Republicans do not have any 
ideas; they do not have any alternatives. We offered lots of 
amendments. I offered two substitutes last week----
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. THUNE. That would have improved this bill dramatically. But this 
bill is the wrong way to go, and I urge my colleagues to reject it.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Madam President, an earlier speaker, the Senator from 
Arizona, made some comments regarding Pell grants which I think should 
be addressed. He essentially said that spending on Pell grants; that 
is, helping young Americans go to college, would not help the economy. 
He was opposed to the increases in the Pell grant.
  I am surprised he made that statement, because I think it is 
inaccurate. Let me explain why. First, money in the hands of low-income 
families--and Pell grant recipients are low-income families--is money 
that will be injected into the economy quickly.
  Low-income people who receive money spend it. They have to spend it. 
They have to spend it to make ends meet. They have to pay the bills. 
They have to pay a mortgage. They have health care. You name it. It is 
very difficult--very difficult.
  So to say that money spent on Pell Grants is not a good idea, 
implying it is not stimulative, is highly incorrect. Low-income people 
spend the money they receive. And this legislation does increase Pell 
grants. Again, Pell grants are the grants that go to low-income 
students to go to college. That is what Pell grants are.
  He was suggesting that is a bad thing, it is not good to increase 
Pell grants. I am pointing out that the money in the hands of low-
income families, such as Pell grant recipients, is money that is spent 
in the economy very quickly. It is highly stimulative.
  Second, what happens to that money when the low-income families 
receive a Pell grant? What happens to that money? Well, it keeps 
teachers working, jobs in colleges, it helps the college meet its 
payroll. It helps the college meet its expenses.
  Pell grants are spent. First, they are spent. It is stimulative. And, 
second, the dollars are spent to help colleges, to help colleges meet 
their payroll and meet the expenses they have to make. Many State 
colleges are having a hard time these days because they are cutting 
back. They are cutting back in their colleges, the expenditures of 
their colleges. Why? Because we are in a recession. It is tough. Some 
kids are not going to college as they usually would.
  Second, Pell grant dollars are not only stimulative, but they help 
keep jobs at the colleges where the dollars are spent. Third, and 
perhaps most important, a dollar spent on Pell grants is a dollar that 
makes it much more likely for a young woman or young man to go to 
college.
  I think that is a good incentive, to help people go to college. The 
economists tell us if a person goes to college, they will, over their 
lifetime, earn $1 million more than someone who does not go to college. 
We want to encourage kids to go to college, especially help low-income 
kids go to college, because they otherwise cannot go to college.
  When that person goes to college, that young woman, that young man, 
and earns more money, economists tell us it is $1 million more compared 
to kids who do not go to college. That is more money that goes into the 
economy.
  Now, granted, it takes a little time for that college graduate to 
earn that $1 million. Maybe in that sense it is not stimulative. But 
the main point is, Pell grants are stimulative. It is a good idea, and 
another reason why this legislation should be adopted.
  I am quite surprised, frankly, that the Senator from Arizona 
criticized Pell grants, saying they should not be in this bill. And 
clearly they should be in this bill. It is stimulative. There are a lot 
of other examples I can give. But that is one I thought needed to be 
addressed.
  Madam President, I suggest the absence of a quorum, and under the 
order, the time will be equally divided.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. THUNE. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THUNE. Madam President, I ask unanimous consent that I be allowed 
to use whatever time allotted to our side until the next Republican 
speaker arrives.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THUNE. Madam President, I want to come back to the one point I 
neglected to make earlier or did not have the time to make in my 
remarks; that is, even though I made the point that the House bill when 
it came over was at a certain funding level, $820 billion, the Senate 
compromise is $827 billion, and that actually the compromise is more 
costly than was the bill that so many people complained about as being 
pork laden when it came over from the House. There are those who are 
saying this bill is going to get bigger in the conference committee 
when the House and Senate get together to work out their differences.
  I want to note what one of the Senators from Michigan said recently, 
and that is: I expect there will be some significant improvements over 
the package that comes out of the Senate. He said: There would be a 
push for more spending on infrastructure, education, and aid to the 
States.
  The President indicated recently: ``I will be honest with you, the 
Senate version cut a lot of education dollars. I would like to see some 
of this restored.''
  We talk about cuts in this program as if we are actually cutting 
something that already exists. We are talking about $1 trillion in new 
spending, an unprecedented amount of spending that has not been 
authorized. It did not go

[[Page 3328]]

through regular order. Now we are actually talking as if somehow 
because the Senate bill, although as large as it is, larger than the 
House bill, is smaller than it was relative to where it was a week ago, 
which was over $900 billion, that somehow that bill has been cut, and 
that when we go in conference we are going to restore some of this 
money.
  So I guess the only point I would make is, as this bill makes its way 
through the legislative process, we are not talking about a bill that 
is going to be smaller, we are talking about a bill that is going to be 
increasingly larger. I suggest when it goes to the conference committee 
with the House of Representatives, that this will not--if it is at 820 
in the House and at 827 in the Senate--you can bank on it, that is 
going to be the minimum--it is probably going to get significantly 
larger.
  As I said before, we believe there is a much better way of doing 
this. First, there was a great comprehensive approach last week put 
forward by the Senator from Arizona, which many of us supported, which 
invested in infrastructure, which addressed the housing issue, which 
many of us believe is central to our ability to emerge from this 
crisis, and which also appropriately targeted a lot of the stimulus 
toward job creation in the form of tax relief for small businesses, 
which, frankly, create most of the jobs in our economy, at least a good 
share. Two-thirds to three-quarters of the jobs in our economy are 
created by small businesses.
  It also directed a lot of that particular approach and package to tax 
relief for middle-income families, putting more money into their 
pockets and allowing them to get out and to spend and to take advantage 
of something that might benefit them more than some government program 
that is going to be funded in Washington, DC, from which they probably 
will derive very little benefit.
  So this is not getting smaller, it is getting larger at every step in 
the process. There are better ideas and better alternatives out there. 
This has been proven, at least by the CBO, to have very, I think, 
questionable ability to create jobs and also to do more long-term 
damage to the economy down the road. In their study which came out last 
week, it suggested that if in fact this stimulus bill was enacted, it 
would lead to lower GDP growth in the outyears.
  I see some of my colleagues have arrived.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee is recognized.
  Mr. ALEXANDER. Madam President, I thank the Senator from South Dakota 
for his effective leadership in helping the American people understand 
the full implications of this legislation on American families. I ask 
that I be informed when I have 1 minute remaining.
  A number of things have been said about the so-called stimulus 
package, which I feel, many of us feel, is more of a spending bill than 
a stimulus bill. But there is no doubt about the fact that it increases 
our national debt.
  The debt is not some abstract thing. Our national debt is $10.7 
trillion. This adds to the national debt as much money as--well, let's 
put it this way. It took from the beginning of the Republic until 1982 
to have a cumulative debt of $850 billion. And this bill is more than 
that. This is a lot of money. We are adding the $820 or 830 billion 
that we have heard about plus the interest over the next 10 years. That 
adds about $10,000 to each family's share of the debt. Well, with that 
$10,000 you can pay in-state tuition for 1.5 years at the University of 
Tennessee. You could pay for 21 years of public school lunches every 
day for the average middle school student. You could buy a gallon of 
milk a week for 57 years. That is a lot of money.
  I wish to make three points today as we think about this stimulus 
bill which, I believe, is more of a spending bill. First, this bill 
makes a number of policy decisions on education, health, and energy 
that ought not to be made in such a bill, but ought to be separately 
debated and considered.
  No. 2, we should have all of the proposed spending on the table. Mr. 
Geithner is coming up to Congress this week to tell us how much we need 
for banks. Then we need more for housing. Then we need more for the 
war. I think if we knew all of the money we are about to have to 
borrow, our appetite for spending $1.2 trillion, mostly on projects 
that do not create jobs in the next few months, would diminish.
  And, third, this is not the kind of bipartisanship that I expected. 
As I listened to the President, I thought he wanted to change the way 
Washington works. The way Washington works in a bipartisan way is for 
us to sit down and talk with one another and come up with something 
both Republicans and Democrats can agree upon; not we won the election, 
we will write the bill and let's see if we can pick off two or three 
Senators.
  First, a number of policy decisions. The first version of the Senate 
bill actually doubled Federal spending for education without any 
discussion. I used to be the Secretary of Education. Today, that 
Department has about a $68 billion budget. The original version of the 
Senate bill doubles that. It took 40 years to get to $68 billion. But 
the original Senate bill would increase education spending by $140 
billion over the next two years--on top of that $68 billion we're 
already spending per year. So the bill would double the $68 billion 
this year, and keep it doubled next year. Then it is supposed to go 
back down to $68 billion the year after that, which seems unlikely.
  But there was no discussion about this. Would you not think, if they 
were going to double the Federal commitment to education, we would have 
a discussion about what would be best to spend it on? I mean, are we so 
delighted with the performance in kindergarten through the 12th grade 
and our preschool programs that we have nothing to do but say, let's 
double the money for more of the same?
  Even the small things that have crept into the legislation, some of 
which President Obama has said he supports, should be fully debated. 
For example, we have some new Senators at the forefront of federal 
support for the Teacher Incentive Fund. We have a new Secretary of 
Education who supports this effort to help reward outstanding teaching 
and outstanding school leading, but not a penny was included in the 
Senate bill.
  What about charter schools? A lot of us on both sides of the aisle 
want to give teachers the freedom to use their own common sense and 
good judgment in dealing with the children who are brought to them. 
That is what a public charter school does. Not a penny in the Senate 
bill.
  So education is the first policy area that should have been debated 
separately. Then on health care, the House added nearly $90 billion for 
Medicaid. The President has said we need to make health care available 
to every American. We Republicans agree with that. So we are ready to 
have a debate about that. That will cost some money.
  One of the major proposals, in fact, the one that has the most 
bipartisan support, the Wyden-Bennett legislation, would get rid of the 
Medicaid Program and replace it with individual accounts. This preempts 
that decision by giving $90 billion more to the States.
  So the States get $90 billion. That is a lot of money. Tennessee's 
share of that would be $1.5 or $2 billion. That is going to make the 
program so rich the States will not want to give it up, and we will not 
be able to have a full discussion about health care when that comes 
around.
  Then an energy bill. Last year, I asked the Energy Information 
Administration to estimate what kind of subsidies we were doing for 
renewable energy, because it seemed to me it was all going to wind and 
nothing else. I was about right.
  EIA said: We are subsidizing wind at 27 times greater than all other 
forms of renewable energy per kilowatt hour; 53 times greater than 
subsidies for coal per kilowatt hour; and 15 times greater than the 
subsidy for nuclear, which produces 70 percent of our carbon-free 
electricity.
  That was in the middle of last year. That was at a time when we only 
were committed to $11.5 billion to give to

[[Page 3329]]

rich people and big banks, some of which we are bailing out, that get 
big tax credits when they build wind turbines. So that was $11.5 
billion in the middle of last year.
  Then in October of last year we passed legislation that brought that 
up to $16 billion over the next 10 years, and this bill brings to $25.7 
billion the amount of taxpayer dollars that we are paying rich people 
and banks so they can get big tax credits for building wind turbines.
  As far as the beautiful mountains of North Carolina and Tennessee, I 
don't want those things littering our area, particularly because the 
wind doesn't blow there enough to make it efficient. But even in areas 
where it does make sense, do we really need, without any discussion, to 
go from $11.5 billion last year to $26 billion this year with a 
national windmill policy? Why don't we have a debate about energy, and 
let's have a technology-neutral way to encourage all forms of renewable 
energy, especially emerging forms.
  We have an education bill, a health care bill, and an energy bill, 
but we don't have a stimulus bill. We shouldn't have all this on the 
table.
  Mr. Geithner has apparently delayed his recommendation about what we 
do about credit and banks until we have had the vote on this stimulus 
bill. This was supposed to be a transparent administration. To be 
transparent, let's put it all out there. How much do we need to 
appropriate for banks? I voted for that twice now. I might vote for it 
again if I think we need to do it. It was not an easy vote, but I did 
it. How much do we need to spend on housing? How much do we need to 
spend on the war in Afghanistan and to finish the war in Iraq? How much 
do we need to spend on the health care plan the President and we in 
Congress have said we want to work on? And how will we shape all this 
into some control of entitlement spending? It would be nice if we had 
it all on the table.
  If we knew, as the testimony suggested before the Budget Committee 
last week, that we really need to appropriate $400 or $500 or $600 
billion to take care of $2 trillion of toxic assets in banks to get the 
economy moving again, we might have less appetite for lumping an energy 
bill and an education bill and a health care bill and a lot of projects 
that don't really stimulate the economy in with this borrowed money.
  Finally, on this side of the aisle, just as on that side of the 
aisle, we like the new President. He was our colleague. He came to see 
us. We walked out of that meeting between the President and Republican 
Senators saying: Here is an accomplished man who wants to help our 
country. We want him to succeed because if he does our country will 
succeed. But we want to be a part of it. We expected to be a part of 
it.
  President Bush technically didn't need the Congress to wage the war 
in Iraq. So he didn't get support, for example, for the Iraq Study 
Group principles when Senator Salazar and I----
  The PRESIDING OFFICER. The Senator has 1 minute remaining.
  Mr. ALEXANDER. When Senator Salazar and I and 17 Senators and more 
than 60 House Members of both parties suggested it. He could do it, but 
without that support, it made the war harder and the Presidency less 
successful.
  This stimulus bill is the easy thing to do. What the White House and 
the majority in the House and the majority in the Senate need to 
recognize is that if you want to be bipartisan, we want our ideas 
considered. If you want 20 Republicans, you are probably going to lose 
10 Democrats. That is the way things work around here. So the majority 
can either say: We won the election and we will write the bill and try 
to pick off two or three Republicans, or we can sit down together and 
make it work. We are ready to do that to make it work. But when you get 
to banks and housing and entitlements and health care and the war, it 
is going to get harder. I hope this is not an example of the kind of 
bipartisanship we will have. This is borrowed money. This is a spending 
bill, not a stimulus bill. It would be better if all of the money we 
are going to be asked to spend were on the table.
  The PRESIDING OFFICER. The time of the Senator has expired.
  Mr. ALEXANDER. And it also would be better if we all had the 
opportunity to see exactly what the total bill is before we vote on 
this part of it.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. GRAHAM. Could the Chair inform me when I have used 9 minutes?
  The PRESIDING OFFICER. Yes.
  Mr. GRAHAM. Madam President, we are about to vote at 5:30. Under 
Senate rules, we need 60 votes to bring closure to a bill, to basically 
end debate, move on with any amendments that are left hanging, and 
bring the debate to an end. I hope people were listening to my 
colleague from Tennessee. I thought he made a very good argument that 
we are bringing to close a debate that really never began.
  I don't remember debating doubling the size of the Education 
Department budget. I do know that education spending in Washington has 
grown significantly under the Bush years. Maybe there is room for it to 
grow even more. But I thought we were trying to create jobs to get our 
economy going. I am quite confident that many of the programs they are 
trying to expand in the Education Department have more to do with a 
particular agenda of a few people than creating jobs. The health care 
issue is enormous. Providing broadband service to rural America is very 
important. There is $9 billion in this bill to do that. But the 
question is, Does that money create a job in the near term?
  The reason I believe we need a stimulus package is because I don't 
think the private sector has the ability to jump-start the economy 
because they can't borrow money. There are not many businesses out 
there that have the ability right now to expand.
  One thing we could do in Washington to help the economy is cut 
people's taxes so that businesses would have more money to expand and 
hire new people; cut individual taxes so people would have more money 
to meet the needs and manage the budget and make their house payments; 
and infuse into the economy some spending, shovel-ready projects. You 
are going to need a shovel when this bill passes, not to build 
anything, just to get the money out the door.
  There is $200 million in oversight; $200 million is going to be spent 
just to try to figure out where the money went. This is an incredible 
amount of money being spent, $1.2 trillion over the next 10 years with 
interest, and we have spent 4 days on it in the Senate.
  The House started this process, and they couldn't pick up one 
Republican vote. I can assure you, there are Republicans in the House 
and Senate who really do believe we need to cut taxes and spend money 
to jump-start the economy. They lost 11 Democrats in the House.
  This bill started poorly and has gotten worse. It comes to the Senate 
in the compromise, and I applaud Members for trying to reach a 
compromise. The bill is $7 billion more in the Senate than it was in 
the House. I wouldn't want these people to buy me a car. That is not 
exactly what I had in mind when it came to compromise.
  Every Republican voted for a bill--I think it was $415 billion--to 
cut taxes, money for infrastructure spending, money to extend 
unemployment benefits and food stamps, and other programs to help 
people who have lost their jobs. Compromise is not going from $415 to 
$7 billion more than the House bill. To those who said this is the best 
deal we could get, I couldn't disagree more. This is the best deal you 
could get with two or three people.
  But I do believe the American people have seen through this bill, and 
they don't like it. They don't know exactly what to do. That is 
probably true of many of us in Congress. This is something unusual. But 
they know this process is not what they had in mind when it came to 
change. They know this bill stinks.
  This bill was written by appropriators, not by economists. The focus 
of this bill--to create jobs in the near term--has been replaced by 
what I consider basically an orgy of spending. People have piled onto 
this bill policy changes that were never debated. We made up numbers 
when it comes to

[[Page 3330]]

education and health care without really any vetting. The markup in the 
Senate, where the bill was drafted, lasted an hour and 40 minutes. We 
have had 2 or 3 days on the floor to talk about the bill. It has been 
helpful. But at the end of the day, we are bringing closure to a bill 
that spends $1.2 trillion that will transfer to the next generation of 
young Americans a debt on top of what they already owe, and we are 
digging a hole for the next generation of Americans I don't think they 
will be able to get out of. Shame on us.
  If it creates 4 million jobs, who knows, that is still $275,000 per 
job. If it is 1.3 million, that is almost $600,000 per job. What was 
intended to be a good thing has turned out to be the old way of doing 
business. Less than 20 percent of the money gets into the economy 
within the first year. I argue, if you can't get the money into the 
economy within a year or 18 months, we should not be doing it.
  The sad thing is that the fundamental problem with the economy is 
unaddressed; that is, housing, what got us into this mess, a collapse 
of the housing industry. You can't borrow money at banks. Why? Banks 
have a hard time lending money because Fannie Mae and Freddie Mac and 
other organizations pushed home loans to people who couldn't afford to 
pay the loans. They took these questionable mortgages and repackaged 
them 1,000 times over, calling them different things such as mortgage-
backed securities, and it spread throughout the entire world. Now banks 
own these troubled assets. And the first round of TARP that was 
supposed to get some of these assets off the book--we just gave the 
money to banks to keep them from folding.
  We have yet to address the housing problem and the banking problem. 
We are going to find out maybe tomorrow what additional money would be 
required to fix those two aspects of the economy. There is $310 billion 
left in the TARP fund. It will not cover the needs of the banking or 
housing industries. The public will be asked to give more money.
  My point is simple: Every dollar that is unfocused and wasted in the 
stimulus could be spent on helping people stay in their homes and 
helping banks lend money. That is the way I look at it. There is so 
much in this bill that may be worthy but doesn't create a job and could 
be transferred to the housing and banking problems and not just spent.
  The President called this a spending bill. I thought it was a bill to 
create jobs. We have a way to spend money. It is called the 
appropriations process. We came together early on after the election to 
try to find a new way of doing business. We, most of us--I think there 
are 20 Republicans--would sign up for a bill that would cut taxes and 
spend money in a focused way. The bill we have before us cuts taxes and 
spends a lot of money, and neither one of them is focused.
  The public will be asked again to put more of their money on the 
table--and it is all borrowed from their children--to deal with the 
fundamentals of the economy, housing and banking, that are pretty much 
unaddressed. It is disappointing for me that we are bringing to close a 
debate that really never happened.
  To the Senator from Tennessee, he has a great reputation of being 
somebody who listens and is pretty easy to get along with. I think I 
have a reputation of reaching across the aisle, sometimes to my own 
political detriment. It is in my nature to try to find common ground on 
big problems that no one party can solve. I argue that the economic 
crisis we are in is not going to be solved by one group of people. It 
is going to be solved by America working together.
  The message from the election that I thought was received by most 
Americans is that you want us to be smarter and you want us to work 
together.
  The PRESIDING OFFICER. The Senator has 1 minute remaining.
  Mr. GRAHAM. The public was hopeful that the Congress and the new 
President would be smarter and we would work together. I think we have 
failed. I don't believe this bill is smart at all. It certainly wasn't 
a work product that came from working together.
  Where do we go from here? We go to get more of the public money to 
fix housing and banking. We wasted a lot of their money. We cannot 
spend enough money through a stimulus package to save this economy 
unless we deal with banking and housing. We have thrown a lot of good 
money after bad. I apologize, and I am sorry that we can't do better. I 
now know why the Congress is in such low esteem.
  I am disappointed in this new President. Like everyone else, I want 
him to do well because our country needs to do well. But he has missed 
a great opportunity.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. ENSIGN. I yield myself 5 minutes from the time of Senator 
Chambliss.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ENSIGN. Madam President, the President last week talked about the 
need for speed. He equated spending with stimulus. He even said: That 
is the point, spending is stimulus.
  If you are going to spend a trillion dollars, you better spend it 
right. Ask the country of Japan, during the 1990s, when they had six 
different stimulus bills. Stimulus was not equal to spending in their 
country because they spent the money incorrectly. They had many 
examples of bridges to nowhere and roads to nowhere. It isn't just a 
question of spending money and spending it fast; it is a question of 
how you spend it. You better spend it correctly.
  One of the huge problems we have in this bill is that it does very 
little for housing. When the bill first came out, it did almost nothing 
for housing. There has been a little bit of change to it since then, 
and that is good.
  I brought forward a proposal earlier that I believed--and many 
believed--would have done a great deal to solve the housing problem.
  We all know it is the housing problem that has dragged the rest of 
the economy down. It is the housing sector that has effected the rest 
of the economy. During the early part of this decade, housing was 
booming, and it actually helped the rest of the economy. But it was a 
false bubble, and all bubbles burst, whether it was the dot.com bubble, 
this housing bubble or any of the bubbles from the past. They always 
burst.
  This bubble, by the way, was caused by the Government, and that is 
why we as the Government have a responsibility to fix it. But the speed 
with which this bill is coming forward--a trillion-plus dollars--means 
we are going to make some major mistakes. You cannot do it this quickly 
and do it right.

  The President has just put together a new economic team, including 
some very talented people as his economic advisers. I suggest we start 
over. I suggest we combine the administrations economic team with 
Democrats from the House and Senate in order to come up with the best 
ideas and put forward a bill that will actually fix the economy. When 
we put together a bill such as this one, a bill so complex and so large 
and it is done behind closed doors with one party, you are going to 
have problems. That is why you have seen so much objection to this bill 
from our side of the aisle.
  In the House of Representatives, this bill was jammed through. It was 
$819 billion. Not a single Republican voted for it, and 11 Democrats 
voted against this bill. The only thing bipartisan in the House version 
of this bill was the opposition. Now we come over to the Senate, and 
Republicans are excluded from the process of writing this bill. It has 
been an open process on amendments, but almost all of the amendments 
have been rejected.
  We should sit down and start over so we get this economic package 
right the first time. As I have said before, you do not get do-overs 
when you are talking about a trillion dollars. The budget deficit going 
into this year was slated to be $1.2 trillion. We are talking about 
over $800 billion in this bill. The Senate bill is actually more than 
the House bill. I think the Senate bill is $827 billion. When you count 
interest, it is actually $1.2 trillion.

[[Page 3331]]

  So, Madam President, when you start adding up this debt we are 
passing on to our children--and, as the President has said, in the next 
4 or 5 years, we are looking at annual budget deficits of over $1 
trillion--this is going to lead to higher taxes, it is going to lead to 
severe inflation. As we are running up this debt, we have to sell 
Treasury bills to be able to pay for the debt. If other countries in 
the world decide they are not going to buy our Treasury bills, this 
country's economy will completely collapse. It will be worse than the 
Great Depression.
  We have to get this right. We cannot get it right with outlandish 
spending. We need to shrink the size of the package and target spending 
so it is effective, so it is actually not building bridges to nowhere 
but rather bridges that are needed, roads that are needed and mass 
transit that is actually needed.
  This bill includes money for electric golf carts.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. ENSIGN. Madam President, let's start over and get this thing 
right.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Madam President, I ask unanimous consent that the 10 
minutes immediately prior to the cloture vote today, as well as the 10 
minutes prior to the 12 noon vote on Tuesday, February 10, be equally 
divided and controlled between the two leaders or their designees, with 
the majority leader controlling the final 5 minutes prior to the vote 
on each day covered in this agreement.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Who yields time?
  The Senator from Georgia is recognized for 5 minutes.
  Mr. CHAMBLISS. Madam President, I rise to speak on the stimulus 
package today. Much has been said on this package that is before us 
now--in fact, so much that the often employed adage over the weekend 
was that everything that can be said has been said but not every man 
has had a chance to say it. While those musings are certainly 
applicable, it is important to note our debate here is healthy.
  The perils facing our economy are of the gravest concern and 
magnitude, which requires a response in kind. When faced with such an 
undertaking, it is understandable to seek a solution with one voice in 
the spirit of bipartisanship and compromise. However, when differences 
arise that are so fundamental, spirited debate and disagreement can 
pose a healthy return to our purest forms of thought and help to foster 
basic solutions advocated by a set of guiding principles.
  The party makeup of the Senate all but confirms passage of this 
enormous spending bill. Still, I use this time to highlight the most 
basic differences in beliefs so as to assure the American people that 
our reason for opposing this bill is not political, is not partisan, 
but, rather, based on true economic principles.
  It is a cornerstone of my thinking that the American people deserve 
and are rightfully entitled to best determine how their own money is 
spent. While there are most certainly essential Government functions 
which require funding by the American taxpayer, when faced with a 
decision as to who can best govern themselves and how to spend their 
money, I will always side with the taxpayer. As such, I cannot support 
this spending plan--a plan which not only adds over $1 trillion to our 
national debt, which would increase our debt ceiling to over $12.1 
trillion, but, most importantly, a plan which will do nothing to truly 
stimulate the economy. Government spending taxpayer dollars on behalf 
of taxpayers does not grow the economy in the manner which is needed to 
return strength and stability to our economy.
  This past month, the unemployment rate hit 7.6 percent. It is higher 
than that in my home State. Madam President, 598,000 jobs were lost in 
January 2009, for a total of 11.6 million people unemployed. We must 
enact policies that create jobs, not simply spend taxpayer dollars, 
robbing Peter to pay Paul. We must provide incentives to businesses to 
hire, expand, and grow. This bill does none of that.
  Unfortunately, this Democratic spending bill will cost the American 
taxpayer more of the money they so desperately need to be allowed to 
keep. Moreover, it simply does not do enough to address the crux of the 
problems facing our economy, which is the housing industry. In fact, 
the original bill that came out of the Finance Committee did not 
contain one single provision that addressed the housing crisis. Thank 
goodness we have an amendment that seeks to address it, but more must 
be done. Housing problems got us into this mess, and solutions targeted 
toward housing will help get us out. It is imperative that we work 
toward narrowing the gap between supply and demand of houses. As long 
as supply remains at its current level as related to demand, home 
values will continue to drop and our economy will continue its downward 
spiral.
  With this plan, the Democrats are saying they believe the Government 
can spend its way out of our current economic perils by spending the 
taxpayers' money for them. There is nothing wholeheartedly I disagree 
with more. The Government must not act as the purchaser and spender of 
last resort. Government intervention into private markets and 
imposition into citizens' pocketbooks does more harm than good. They 
attack the solutions we have offered as financially imprudent yet 
advocate a spending plan which spends more money than the entire 
economy of Australia.
  But as I began, at the heart of this debate, the numbers here are not 
as important as is the difference in fundamental economic principles. 
This spending package only succeeds in doing two things: expanding 
permanently the size of Government and saddling the taxpayer with the 
cost and requiring our children to repay the debt. If we reduce the 
size of Government, limit its impositions into the free market, and 
allow the private sector to prosper where the Federal Government has 
staked a claim, businesses will grow, creating more jobs, injecting 
more capital into the economy. But a piecemeal compromise such as this 
proposal serves only to dilute the framework needed to allow our 
economy to return to prosperity.
  With that, Madam President, I yield the floor and suggest the absence 
of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BAUCUS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BAUCUS. Madam President, I understand the Senator from Iowa, Mr. 
Grassley, wishes to speak. I yield 5 minutes to the Senator from Iowa. 
I think he has some time he wishes to use as well.
  Mr. GRASSLEY. Total of 10 minutes.
  The PRESIDING OFFICER. The Senator from Iowa is recognized.
  Mr. GRASSLEY. Madam President, first of all, let me express great 
appreciation to the chairman for giving me an opportunity to use some 
of his time when I am going to be speaking against the legislation. It 
is very much brotherly love and I appreciate that.
  Today I wish to talk about some of the questionable spending in this 
bill and some of the amendments we aren't going to be able to vote on. 
First of all, there is $87 billion in Medicaid funds in this bill. As I 
have said on this floor several times, it is more than States need to 
pay for enrollment-driven increases in Medicaid spending due to the 
recession. We all accept the fact that there needs to be more money for 
Medicaid, as long as it is directly related to an increase in 
unemployment. However, I explained last week how the facts show that 
this amount is far more than States need for the cost of the new 
Medicaid enrollment resulting from a downturn in the economy. What the 
nonpartisan Congressional Budget Office determined was that what States 
need to pay for increases in Medicaid enrollment is not the $87 billion 
in the bill but a lot smaller amount--$10.8 billion--directly related 
to an increase of unemployment Medicaid use.

[[Page 3332]]

  So the question is, Why does the bill provide almost eight times what 
the States actually need for the new enrollment resulting from that 
downturn? I say we shouldn't kid ourselves. This bill gives States, in 
a sense, a slush fund. Now, I am willing to admit States might need 
money for other programs, but it shouldn't be covered up by saying it 
is Medicaid money.
  On Friday night, I had an amendment to ensure that Medicaid funds 
would have been distributed fairly. Amazingly, 17 Members of the Senate 
voted to give their States less money, but at least in that case, I was 
able to get a vote. I had several other amendments that were never 
allowed to be made pending. All day Wednesday we were prevented from 
making amendments pending. Retreats and signing ceremonies got in the 
way. Thursday evening we spent more time arguing over whether 
amendments would be made pending rather than actually processing 
amendments. It seems contrary to what President Obama said on Monday 
night. He said the Republicans have a lot of good ideas and we ought to 
make this a bipartisan bill. So we get to 10 o'clock on Friday morning. 
We were encouraged to bring our amendments to the floor so they could 
be debated. For some reason, the first amendment was not allowed until 
4\1/2\ hours later.
  So I am disappointed that several amendments on this side of the 
aisle, including some of my own, would not receive a vote. I am not 
convinced the majority wanted to have open debate and take votes on 
many of these amendments, including mine. It is too bad because this 
bill still can be made a bipartisan bill, and this bill can still be 
made a more effective bill.
  Congress is giving States, then, $87 billion for Medicaid and resting 
on the hope that States don't strip the health care safety net for low-
income families and then pocket money. For instance, in my State of 
Iowa I recently read in the paper that they are going to cut $20 
million out of Medicaid. So if we can do things with all the money we 
are going to give to the States to make sure these programs aren't cut, 
it seems to me, for that additional $76 billion, we ought to get some 
of that assurance. I use the word ``hope'' that they don't do that 
because the underlying bill doesn't do enough to make sure States do 
what is best with the Medicaid Program. Does the bill prevent States 
from getting Medicaid Programs? It does not. The bill only prevents 
States from cutting Medicaid on one of three propositions, this one 
being income eligibility. So that is a good thing. But if Congress is 
giving States $87 billion and telling them not to cut Medicaid 
eligibility, shouldn't Congress also tell States they can't cut 
benefits? If Congress is giving States $87 billion and telling them not 
to cut Medicaid eligibility, then shouldn't Congress also tell States 
they can't cut payments to providers? Will Medicaid beneficiaries who 
are elderly or disabled be able to receive home- and community-based 
services? Will there be enough pharmacists taking Medicaid? Will there 
be enough rural hospitals or public hospitals taking Medicaid patients? 
Will there be enough community health centers taking Medicaid people? 
Will Medicaid beneficiaries who are elderly or disabled be able to get 
into nursing homes? Will States cut mental health services because 
Congress didn't prevent them from doing so in this bill? Will there be 
pediatricians or children's hospitals there for children on Medicaid?
  So if the Senate does nothing to protect access to these vital 
providers, nobody will be able to assure the people who count on 
Medicaid that the care they need will be there. I filed an amendment 
that prevents States from generally cutting eligibility and benefits 
and providers. In other words, I am building on what the bill's authors 
did. They said don't cut eligibility. I agree with that. But shouldn't 
we, at the same time, not allow States to cut benefits and providers 
while all the time the States are getting $87 billion, which is about 
$75 billion, $76 billion more than what the recession-driven 
unemployment qualifiers for Medicaid need? The other day, if we had a 
chance, Members could have voted, in other words, to protect Medicaid 
providers and people who are on it. That should have had a vote.
  The bill provides in addition a COBRA subsidy to involuntarily 
terminated employees. The bill places no limits on the eligibility for 
the subject. Why? I haven't quite figured it out. I know the amendment 
we are now considering lowers the subsidy, but it still has no limits 
on eligibility for that subsidy.
  Last week, President Obama and his administration issued guidelines 
for capping compensation paid to CEOs whose institutions receive 
taxpayers' dollars through the TARP program, but the fact of the matter 
is this: Former Wall Street CEOs and hedge fund managers who have made 
millions of dollars while running our economy into the ground will get 
a taxpayers' subsidy equal to now 50 percent of their health care 
insurance. It seems to me that is outrageous.
  I filed an amendment that simply said if a worker who was voluntarily 
terminated from their job earned income in excess of $125,000 for 
individuals or $250,000 for families as a whole, this worker would not 
be eligible to receive the subsidy. What is magic about $250,000? It is 
the same level President Obama in the campaign said that people above 
that level should have tax increases. So I figured $250,000: You 
shouldn't be eligible for a subsidy for your health insurance, 
particularly if you are coming from a company that as a CEO you drove 
into the ground. That amendment should have had a vote.
  It is not just the health care amendments. This bill could be 
improved by increasing the tax credit for education expenses. Senator 
Schumer and I filed an amendment--now, that is a bipartisan amendment--
that would have done just that. It would have increased the American 
Opportunity Tax Credit from $2,500 to $3,000. It was a bipartisan 
amendment. It should have had a vote.
  I also remain deeply concerned about the oversight of this bill. On 
the front page of today's Washington Post, there is a story with this 
headline: ``If Spending Is Swift, Oversight May Suffer.'' Well, a 
person such as I was very interested. I spend more time on oversight 
than I do on legislating because I don't think we do enough of it here. 
The article says:

       The Obama administration's economic stimulus plan could end 
     up wasting billions of dollars by attempting to spend money 
     faster than an overburdened government acquisition system can 
     manage and oversee it.

  When there is a potential for waste, fraud, and abuse, Congress needs 
to be proactive, not reactive. This is why I filed an amendment to 
ensure Congress has the ability to get information from the executive 
branch and respond to the allegations that will inevitably come in. The 
amendment would ensure that any agency that gets funding under this 
bill would be required to provide records upon written request by a 
chairman or ranking member of a committee of Congress. The committee 
records should not be kept secret from the elected representatives of 
the people. I have always tried to focus on good Government issues such 
as waste, fraud, and abuse. That is what my amendment did. That should 
have had a vote.
  I know a lot of people have worked very hard putting this bill 
together. I have done some of that myself, so I know what work it 
takes. I know a lot of people worked very hard putting a substitute 
amendment together. I respect that they have worked hard. Hard work 
doesn't mean, though, that it is necessarily good work. We should all 
have been allowed to consider and vote on more amendments than we have. 
I would say on all the amendments I have discussed in my remarks today, 
giving $87 billion, even though that is as much as eight times what 
they need to stay ahead of enrollment-driven Medicaid increases, is 
still not well thought out. Giving States $87 billion while still 
allowing them to cut their Medicaid Programs is still not well thought 
out.
  Giving a COBRA subsidy to millionaires is still not well thought out. 
It is still not well thought out. It is still out of control.

[[Page 3333]]

  The Senate should have been allowed to vote on the numerous 
amendments I have discussed today to address the shortcomings that 
occur when partisan bills are moved too quickly. We could still do 
that. We could process these amendments today. But as we have seen 
throughout, the majority is not interested in true bipartisanship or in 
process that allows for full and open debate on amendments. We have the 
House of Representatives and the ``House of Representatives in 
training,'' given how this debate has been run.
  Today we are being told ``just do it,'' at the expense of doing this 
very important and urgent legislation in a way that does right by the 
American people in the short and longer term.
  I yield the floor.
  The PRESIDING OFFICER. The Senator's time has expired.
  The Senator from Montana is recognized.
  Mr. BAUCUS. Madam President, I wish to set the record straight on a 
few points that speakers on the other side of the aisle have made. I 
think it would be totally unfair if they go unchallenged and the record 
is not set straight.
  The Senator from Oklahoma said the bill before us is the biggest 
spending bill ever. That is not true. It is true this is a big bill, 
and that is because the economy is in such dire shape and because we 
are in a recession. That is a big problem. It needs to be faced. This 
is a big bill, and I would suggest the appropriate response to a big 
problem is a big bill. An inappropriate response would be not a big 
bill to a very big problem.
  I might say that this is a big problem also because economists 
project that the economy is likely to suffer $2 trillion to $3 trillion 
less growth because of this recession than would have occurred with 
full employment. Again, that is $2 trillion to $3 trillion of less 
growth because of the recession than would have occurred with full 
employment. We have a lot of lost jobs, as we know. We need to do 
something pretty significant about that.
  The size of the bill is an appropriate level to try to replace some 
of the activity this recession is robbing from our economy.
  The second point is this is not the largest bill that Congress has 
ever considered. That assertion, made by a Senator on the floor not 
long ago, was inaccurate; it is not true. The fact is, in past years, 
we have passed legislation that would cut taxes by trillions of dollars 
and all in one bill.
  Those who call this the largest bill in history are forgetting recent 
history. The 2001 Bush tax cuts, the Economic Growth and Tax Relief 
Reconciliation Act, was estimated back then to cost $1.3 trillion over 
10 years. Frankly, I think it turned out to be more than that. It was a 
larger bill than this. This is a $827 billion bill; that was about $1.3 
trillion.
  I also think it is important for us to remember that as of October of 
last year, Congress had approved a total of $864 billion for the Iraq 
and Afghanistan wars and for enhanced security at military bases from 
2001 through 2009. About $657 billion of that amount, about 76 percent, 
was approved for the war in Iraq, and the conflict is not over yet. So 
an accurate tabulation would conclude that the Afghan and Iraq wars are 
bigger than the stimulus bill before us. So it is inaccurate that this 
is the largest spending bill we have ever had.
  Next, the Senator from South Dakota asserted that the mandatory 
spending in the bill is permanent. That is not accurate. The spending 
in this bill is not permanent. The spending provisions in this bill are 
nearly all sunsetted, not permanent. We have crafted a bill that has 
its effects in the first 2 years.
  I remind my colleagues that according to CBO and the Joint Committee 
on Tax, a nonpartisan, bipartisan professional staff, whose job it is 
to analyze legislation before us, concluded that 79 percent of the 
effect of the Finance Committee provisions would take effect the first 
two years. That doesn't sound like it is permanent to me. The Joint 
Committee on Tax and CBO, in a combined analysis, concludes that 79 
percent of the entire bill's effect will be spent in the first 2 years. 
That is not my statement. That is CBO, made up of very highly trained 
professionals who deal with these issues. So it is not true that this 
spending goes on forever. This bill is very temporary, by definition.
  Another colleague on the other side complained that this doesn't do 
enough for small business. Let's see if that is true. The business 
provisions in the bill, like the loss carrybacks, help small businesses 
by providing immediate cash to help them meet payroll and make 
investments. That can clearly help all businesses. In addition, the 
bill has something specifically targeted at small businesses that are 
trying to make ends meet. That is expanded expenses in section 179. 
That section is a provision in the law that allows businesses to fully 
expense their expenditures for that year. They don't have to depreciate 
and apply that depreciation against earnings in subsequent years. 
Rather, they can fully expense the expenses. I forgot the cutoff, but 
it is around $700,000 or $800,000. It is significant. That is in this 
bill.
  Also, there are other business provisions, such as the extension of 
bonus depreciation. We extend that provision in current law, and that 
is extended next year. That provision says any expenses that any 
company makes can be fully expensed irrespective of the size and 
purpose--50 percent can be fully expensed in the first year, and the 
rest has to be amortized. That is a big boon for small business. There 
are many other provisions. We picked up some of the big ones.
  I mentioned the 5-year carryback of operating loss. That helps 
business. Section 179 is targeted only to small business. There is 
delayed recognition of certain cancellations of debt income. There is a 
small business capital gains provision. That will help small business 
and also the S-corp holding period. Most small businesses or S-corps--
there is a provision here of half a billion dollars relief over 10 
years. Altogether, the tax portion of the bill contains about $28 
billion worth of provisions targeted to small business.
  This bill certainly contains provisions that are very helpful. So the 
assertion that there is nothing in this bill to help small business is 
simply inaccurate.
  Fourth, two Senators said this bill spends hundreds of thousands of 
dollars for every job this bill creates. A lot of Senators are throwing 
a lot of numbers around. It is kind of wild. That is one of them. That 
is wildly inflated. Why? First, those who make that assertion simply 
divide the total cost of the bill by the number of jobs created in any 
1 year. This bill spends out over 2 years, not 1 year. The jobs it 
preserves or creates will extend over 2 years and longer. Thus, the 
Senators need to cut their estimates per job at least in half. They 
take 1-year numbers, and we are talking about 2 years. When this bill 
is passed with the jobs it creates or preserves, the people who would 
get those jobs will pay taxes, payroll taxes, income taxes. Thus, they 
bring money back into the Treasury. That also helps cut taxes, the 
total number of dollars per job. A fair analysis would cut first their 
assertion in half, and it would add back additional revenues that would 
go back into the Treasury because of the jobs these people would have 
would produce payroll taxes and sales taxes--we are talking about 
payroll tax and income tax.
  I wish when Senators speak--and certainly they can have their 
opinions, and every Senator has come to the conclusion whether he or 
she is for or against the bill--I wish when the Senators describe the 
bill, they would describe it in a fair and balanced way and then reach 
their conclusion--not just take one set of facts only because it is 
inaccurate and misleading, frankly, to the American public, who want us 
to do the right thing, to figure out a way to stop the recession. I 
firmly believe the public should have all the facts, and they would 
probably reach the conclusion that this is the right thing to do. In 
statements I have made, I have acknowledged this is a big bill. I have 
acknowledged it is imperfect. But I also conclude it is far better to 
pass this legislation than do nothing. If we

[[Page 3334]]

don't pass this, we ain't seen nothing yet, in terms of the foreclosure 
of homes underway and jobs lost. We will get close to the Great 
Depression.
  There is no other conclusion than we must pass this legislation 
quickly so we can get on to the next issues we have to face.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BOND. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BOND. Madam President, these last few days, I have been traveling 
across my State of Missouri, and to say that people are outraged over 
this $1 trillion budget buster would be an understatement. 
Unfortunately, many of the people have called the office and talked to 
the fine young people who work for me have had all kinds of harsh 
comments made to them. But as I have traveled around the State from my 
hometown of Mexico in central Missouri to the rural folks in Ava and 
Gainesville in south Missouri, to the people in the metropolitan area 
of St. Louis, Missourians are telling me how they are overwhelmingly 
opposed to this stimulus bill.
  It is not just Missourians I met with in person; thousands have been 
calling my offices in the State and in Washington, as I said, to voice 
strong opposition. The numbers aren't even close. It is about 4 to 1 
against this bill. They want me to vote against it because Missourians 
know the only thing about this bill that will stimulate is the national 
debt and the growth of Government. Don't get me wrong, Missourians 
aren't opposed because they are untouched by the economic crisis. In 
fact, a large percentage of Missourians, such as many other Americans, 
are struggling right now. They want to do something positive. Missouri 
workers are facing the loss of jobs, Missouri small businesses are 
failing and Missouri families are struggling to pay their bills and put 
food on the table.
  Last week's unemployment report only underscores the suffering of the 
folks in Missouri and the rest of the Nation. It is clear we must act 
quickly and boldly to protect and create jobs and put people back to 
work as soon as we can. We cannot afford to sit on the sidelines and 
let this suffering continue. But we cannot afford nor should we spend 
$1 trillion on a spending bill that will jump-start spending in 
Government but not jobs and the economy. I want a responsible stimulus 
bill--not a big spending bill--that will create jobs now and help our 
families.
  Instead of seeing a well-targeted, temporary, and timely emergency 
stimulus bill, what Missourians see is the bill before us today, and 
they see it for what it is: a budget buster that will fail to create 
the jobs we need so desperately now and not down the road, if then. As 
a matter of fact, CBO said the impact of this bill will be to slow our 
national gross domestic product by two-tenths to three-tenths of a 
percent in the long run.
  This trillion-dollar baby is loaded with pet programs and wasteful 
spending, despite the efforts of people on my side to trim the bill's 
price tag and include some real stimulus. Some of this funding could be 
all right on its own. There are good arguments for them. But it does 
not belong in an emergency spending bill which goes beyond the budget 
and does so in the name of jump-starting the economy when it will not.
  The bottom line is that this bill nickel-and-dimes the American 
people. Unfortunately, it is nickels and dimes with many zeros behind 
the fives and the tens, and it will result in over $1 trillion in 
additional debt that our children and grandchildren will spend their 
lives repaying. That is too much to ask of them, especially when it 
will not do the job we need to do now.
  Some of my colleagues are talking about a grand compromise. The only 
thing grand about this compromise, regrettably, is its price tag. Only 
in Washington would trimming a $1 trillion bill down to $827 billion be 
called fiscally responsible. With interest, this is still a trillion-
dollar baby, and that is on top of $9 trillion of spending loans and 
guarantees that the Government has already committed, as reported by 
Bloomberg news service today.
  This budget-buster spending bill--$7 billion more than the House 
bill--is still loaded with too much spending that will not create jobs, 
will not let working families keep more of their hard-earned money, and 
will not strike at the heart of our economic crisis, which is why, in 
good conscience, most Republicans, such as myself, will be voting no.
  I am disappointed that my colleagues on the other side of the aisle 
are trying to point fingers at Republicans for Democrats' failures. 
President Obama was very compelling, and he made a strong and very 
urgent pitch for bipartisanship. Instead of bipartisanship, we got a 
bait-and-switch. Calls for bipartisanship switched to partisanship when 
the bill was taken over by majorities in the House and the Senate.
  We heard from the President wonderful talk of a timely, targeted, and 
temporary stimulus bill and the fact that everybody was going to be 
involved, both sides. And then it was switched to a bloated, business-
as-usual spending spree with Democratic priorities, stuffed with 
billions in wish-list items that will not create jobs. Families need 
help now. It is time for this bait-and-switch to end.
  Rather than an irresponsible spending spree, our economic recovery 
plan must include three key components for it to work. Any economic 
recovery plan must include real and significant tax relief for working 
families and small businesses. Second, an economic recovery plan must 
be focused on including significant investment in ready-to-go 
infrastructure projects, things where you can go to work this year and 
put people to work building roads, bridges, highways, locks, transit 
systems, water and sewer projects, other items that we badly need in 
this country. Third, any economic recovery plan must include a solid 
plan to attack the root cause of this economic crisis--the housing and 
financial crisis. That is what brought us down. That is what is going 
to hold us here unless we do something about it. Japan spent 10 years 
trying to spend its way out of a similar crisis, but they did not get 
the debt out, and as a result they had 10 years of stagnation. We 
cannot afford to spend $1 trillion and have 10 years of stagnation. 
Unfortunately, the Democrats' trillion-dollar spending bill fails to do 
any of the three things that are needed.
  I want to talk about the third point a little bit. There is broad 
agreement that without help, our economy cannot recover from the 
breakdown of our financial and credit markets. We were supposed to see 
the plan to tackle the root of the crisis today. Instead, the President 
postponed the critical announcement and went around campaigning, trying 
to force Republicans to vote for a bill that we know is a pig in a 
poke. We are not going to vote for a pig in a poke. If any of my 
colleagues don't know what a pig in a poke is, I will explain it to 
them.
  Why would President Obama put off talking about the most important 
part of our economic recovery? Perhaps the President does not find the 
idea of coming to Congress and asking for another trillion dollars on 
top of this budget buster too appetizing before they get this bill 
passed. But just wait, folks, the numbers that are going to come in 
when that plan is announced will curl whatever of your hair is not 
curled already. I think it is one more example of the mixed-up 
priorities. Republicans understand that we must fix the problem first. 
A trillion dollars is a terrible thing to waste.
  I urged and continue to urge that the President's representatives sit 
down with the bipartisan leaders of the House and the Senate and the 
appropriations and the tax-writing committees and come up with a bill 
that is smaller, that is focused, that will get the job done. We do not 
need an irresponsible bill that stimulates the debt, stimulates the 
growth of Government, but fails to stimulate our economy or job 
creation.
  I yield the floor.

[[Page 3335]]

  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Madam President, what is the time on this side?
  The PRESIDING OFFICER. There is 10 minutes remaining, of which 5 is 
supposed to be for the Republican leader.
  Mr. SESSIONS. Madam President, I yield myself 5 minutes.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. SESSIONS. Madam President, I return again for the fourth time now 
to ask that the Senate be allowed to vote on my E-verify amendment. 
That amendment has been refiled to make sure it is applicable to the 
substituted bill.
  I do not see any Members from the majority, so I will not ask at this 
moment to get UC. The bill managers and the majority leader have been 
ever so nice, as we have discussed, but having been around here a few 
years, I have to say I am getting a message, and the message is: The 
answer is going to be no.
  The fact is that this legislation has been moving in a certain way 
with a unanimous consent agreement that was obtained late Friday night 
that is going to make it not possible to get a vote on the amendment 
without unanimous agreement of the Senate. The people who participated 
in that should have known and I am sure did know they were eliminating 
the amendment I desire to offer. I want to ask again for that unanimous 
consent and will before I give up the floor.
  E-Verify is being used by over 100,000 businesses across America. It 
is a free, voluntary system set up by the Department Homeland Security. 
E-Verify allows any employer who has an interest in making sure they 
hire legal workers to simply punch in the Social Security number, and 
within a few minutes it shows whether there is a problem with that 
number. Ninety-six percent of the persons queried are approved 
immediately. Employers can feel good, even feel safe in hiring those 
approved by the system, even though that is not absolute proof of the 
legal status of that applicant.
  I simply want to offer in this amendment exactly the same language 
that was accepted, without a vote, in the House bill. Furthermore, the 
language that extends the E-Verify program passed the House by a vote 
of 407 to 2 last July. The amendment simply extends the E-verify 
program, No. 1, and also says that if a company gets stimulus money, 
money which is supposed to create jobs for Americans, they ought to 
take the 2 minutes to check to make sure that the people they are 
hiring are lawfully here. We want to make sure that only citizens and 
people who are here legally can be hired. This includes green card 
holders and temporary workers who are here on valid visas. This 
amendment would ensure that only people who are illegally here don't 
get hired.
  The leadership in the Senate, for some reason, has made up their 
minds that they are not going to let us vote on it. If we had a vote on 
it, it would pass. It already passed the House, and if it passes the 
Senate, it must be a part of the final bill. It cannot be taken out in 
conference without real sculduggery undertaken, and I think it would be 
in the final bill.
  The game here is clearly to subtly and otherwise keep this vote from 
occurring, let this bill be forced out of here. It will not be in the 
Senate bill. It will be in the House bill. And the conferees will meet 
and they will decide to take it out. That is what is happening. If the 
American people want to know, if the Members of Congress would like to 
know why people are so upset with us, it is this kind of game playing. 
All the Members of the House who voted for it can tell their 
constituents: I voted for it. I don't know why it wasn't in final 
passage. And people in the Senate could say: I didn't vote on it. I 
would have been for it if I didn't get to vote. But the net result is 
it is not part of the law.
  I cannot imagine why persons would not want this amendment to be in 
any legislation that would at least take the steps to see that those 
who are illegally in the country do not get this money.
  Mr. COBURN. Madam President, I rise to address my colleagues 
regarding the importance of improving access to health care in our 
rural communities. Rural America accounts for about 20 percent of the 
Nation's population, yet only 9 percent of the country's physicians. It 
should, therefore, come as no surprise that nearly 70 percent of the 
primary care health professional shortage areas are in rural 
communities.
  The disparity in access to quality health care has a substantial and 
tangible impact on the quality of care and the quality of life for 
rural Americans, who are typically older, poorer, and sicker than the 
population at large. That also has an impact on the economic vitality 
of those regions.
  I do not believe that the stimulus legislation is the right vehicle 
for the majority of the spending it contains. Of the spending it 
contains, I note that the bill spends a substantial amount of money for 
health care in rural communities. This spending is directed toward 
health care access points, health information technology, workforce 
training development, and broadband deployment. At this point, it is 
likely some version of this package will move forward. As Congress 
spends this money, I would encourage my colleagues to give appropriate 
focus to preventive care and approaches that integrate these various 
components of health care across an entire region.
  Improving health outcomes for a community requires going beyond 
building hospitals and clinics. A regional ``systems'' approach to 
improving health may provide effective opportunities to improve the 
health outcomes of individuals and communities in a cost-effective 
manner. Such an approach could integrate health coverage initiatives 
with prevention programs, primary care clinics, advanced specialty 
outpatient care programs, hospital-based care, and a regional health 
information network.
  I plan to work with my colleagues to shape policies this Congress 
that will improve health care across America, including rural 
communities. Individuals, communities, private foundations, and the 
Government must work together if we are to be successful.
  Mr. GRASSLEY. Madam President, today I want to talk about some of the 
questionable spending in this bill and some of the amendments that we 
aren't going to be voting on.
  First of all, there is $87 billion in Medicaid funds in this bill.
  That is a huge payment to the states.
  And as I have said on this floor several times, it is more than 
States need to pay for enrollment-driven increases in Medicaid spending 
due to the recession.
  I explained last week how the facts show that this amount is far more 
than States need for the cost of new Medicaid enrollment resulting from 
the economy.
  What the nonpartisan Congressional Budget Office determined was that 
what States need to pay for increases in Medicaid enrollment is not $87 
billion but $10.8 billion. That is about $76 billion less than what 
this stimulus bill gives the States.
  So the question is, why does this bill provide almost eight times 
what the states actually need for the new enrollment resulting from the 
downturn?
  Let's not kid ourselves; this bill gives States a slush fund. This 
outlandish sum of money is not needed for Medicaid.
  It is a slush fund for the States.
  I thought that money should be spent fairly. I thought there should 
be some accountability.
  On Friday night, I had an amendment to insure the Medicaid funds 
would have been distributed fairly.
  Amazingly, 17 Members of the Senate voted to give their States less 
money.
  But at least in that case, I was able to get a vote.
  I had several other amendments that were never allowed to be made 
pending.
  All day Wednesday, we were prevented from making amendments pending.
  Retreats and signing ceremonies got in the way.
  Thursday evening, we spent more time arguing over which amendments 
would be made pending rather than actually processing amendments.

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  At 10 o'clock Friday morning, we were encouraged to bring our 
amendments to the floor so they could be debated.
  For some reason, the first amendment was not allowed until 4\1/2\ 
hours later.
  I am disappointed that several of my amendments will not receive a 
vote.
  I am not convinced the majority wanted to have open debate and take 
votes on many of my amendments.
  It is too bad, because this bill still needs fixing.
  Congress is giving States $87 billion and just resting on hope that 
States don't strip the health care safety net for low income families 
and then pocket the money.
  I use the word ``hope'' because the underlying bill doesn't do enough 
to make sure States do what is best for the Medicaid Program.
  Does the bill prevent States from cutting their Medicaid programs?
  It does not.
  The bill only prevents States from cutting Medicaid income 
eligibility.
  But if Congress is giving States $87 billion and telling them not to 
cut Medicaid eligibility, shouldn't Congress also tell States they 
can't cut benefits?
  If Congress is giving States $87 billion and telling them not to cut 
Medicaid eligibility, shouldn't Congress also tell States they can't 
cut payments to providers?
  States can't change income eligibility, but under the bill as 
written, they can cut provider payments or benefits to providers.
  Will there be Medicaid beneficiaries who are elderly or disabled able 
to receive home and community based services?
  If we want to keep seniors and the disabled in their homes, rather 
than institutions, paying direct care workers to provide home and 
community based services is critical.
  Will there be enough pharmacists taking Medicaid?
  Will there be enough rural hospitals or public hospitals taking 
Medicaid?
  Will there be enough community health centers taking Medicaid?
  Will Medicaid beneficiaries who are elderly or disabled be able to 
get into nursing homes?
  Will States cut mental health services because Congress didn't 
prevent them from doing so in this bill?
  Will there be pediatricians or children's hospitals there for 
children on Medicaid?
  If the Senate does nothing to protect access to these vital 
providers, nobody will be able to assure the people who count on 
Medicaid that the care they need will be there for them.
  I filed an amendment that prevents States from generally cutting 
eligibility and benefits and provider payment rates while they are 
receiving the $87 billion in additional aid.
  Members could have voted to really protect Medicaid.
  That should have had a vote.
  As written, the bill gives states $87 billion also in the hope that 
States don't take actions that are contrary to economic growth.
  I use the word ``hope'' because the bill doesn't do enough to make 
sure States do what is best for our economy either.
  We should ask for more guarantees that States will spend the money 
appropriately and not make decisions that work against economic 
recovery.
  If Congress gives states $87 billion and tells them not to cut 
Medicaid, should Congress also tell States not to raise taxes?
  If states react to their deficits by increasing taxes, they will 
defeat the goal of economic recovery.
  It makes no sense for us to leave the door wide open for States to 
raise taxes while getting an $87 billion windfall from the Federal 
Government.
  I filed an amendment that prevents States from raising income, 
personal property or sales taxes as a condition of the receipt of $87 
billion in federal assistance.
  That should have had a vote.
  If Congress gives states $87 billion and tells them not to cut 
Medicaid, should Congress also tell States not to raise tuition at 
State universities?
  If States can price young people out of an education, that does 
nothing for preparing our workforce for the 21st century.
  I filed an amendment that prevents States from raising tuition rates 
at State colleges and universities as a condition of the receipt of $87 
billion in Federal assistance.
  That should have had a vote.
  For $87 billion, what does this bill do to ensure that all those 
Federal taxpayer dollars are being spent appropriately?
  Almost nothing.
  Senator Cornyn and I filed an amendment that requires States to do 
something to improve their waste, fraud and abuse in exchange for the 
$87 billion in Federal taxpayer's money.
  It provides a list of eight options to combat waste, fraud and abuse, 
and the Secretary can provide more options as well.
  These are all very reasonable steps States could and should take if 
Congress is going to send them 87 billion in additional Medicaid 
dollars.
  They don't have to do all of these various options.
  Just four.
  Just show the American people that States can take four simple steps 
to reduce fraud, waste and abuse.
  Shouldn't Congress at least ask that much of States for $87 billion?
  That should have had a vote.
  If Congress passes all this Medicaid spending, what guarantee do we 
have that the fiscal challenges facing Medicaid in the future will be 
solved?
  Sooner rather than later, we must recognize that our entitlements are 
unsustainable as currently constructed.
  President Obama has acknowledged this himself on numerous occasions 
recently.
  One of my concerns about the additional Medicaid funding that is in 
this bill is that it places too much emphasis on Medicaid in the here 
and now and ignores future fiscal challenges.
  Just last year, the CMS Office of the Actuary reported that Medicaid 
costs will double over the next decade. That is simply unsustainable.
  It is critical that both the Federal Government and States recognize 
the fiscal challenges we face and take action now.
  Senators Cornyn and Hatch and I filed an amendment that requires 
States to submit a report to the Secretary detailing how they plan to 
address Medicaid sustainability.
  It is critical that we look at the future of Medicaid if Congress is 
to give States $87 billion in additional Medicaid funding.
  That should have had a vote.
  The bill provides a COBRA subsidy to involuntarily terminated 
employees.
  The bill places no limits on the eligibility for the subsidy. Zilch, 
Zero. Why? I haven't quite figured it out.
  I know the amendment we are now considering lowers the subsidy, but 
it still has no limits on eligibility for the subsidy.
  Frankly, I am surprised my Democratic colleagues--and especially the 
Obama administration--have not tried to place limits on the 
availability of the subsidy.
  After all, the subsidy is paid for with taxpayer dollars.
  Last week, the Obama administration issued guidelines for capping 
compensation paid to CEOs whose institution receives taxpayer dollars 
through the TARP program.
  But the fact of the matter is this, former Wall Street CEOs and hedge 
fund managers who have made millions of dollars--while running our 
economy into the ground--will get a tax payer-funded subsidy equal to 
now 50 percent of their health insurance policy.
  That is outrageous.
  I filed an amendment that simply said that if a worker who was 
involuntarily terminated from their job earned income in excess of 
$125,000 for individuals and $250,000 for families during 2008, this 
worker would not be eligible to receive the subsidy.
  Some of my colleagues may ask why we set the cap at $125,000 and 
$250,000.
  Well, when Candidate Obama was campaigning to be President Obama, he 
continually said that he wanted to raise taxes on families making over 
$250,000 a year.

[[Page 3337]]

  Why?
  Because then, Candidate Obama felt that these people are too ``rich'' 
to pay lower taxes.
  If these families are too ``rich'' to receive a tax benefit in the 
form of lower taxes, aren't these people too ``rich'' to receive a 
taxpayer-funded subsidy for health insurance?
  That should have had a vote.
  And it is not just the health care amendments.
  This bill could be improved by increasing the tax credit for 
education expenses.
  Senator Schumer and I filed an amendment that would have done just 
that.
  It would have increased the American opportunity tax credit from 
$2,500 to $3,000.
  Senator Schumer has shown great leadership in the area of education, 
and I thank him for partnering with me to help families better afford 
college through the tax code.
  It was a bipartisan amendment.
  That should have had a vote.
  I also remain deeply concerned about the oversight of this bill.
  On the front page of today's Washington Post, there is a story with 
this headline: ``If spending is swift, oversight may suffer.''
  The article says,

       The Obama administration's economic stimulus plan could end 
     up wasting billions of dollars by attempting to spend money 
     faster than an overburdened government acquisition system can 
     manage and oversee it.

  When there is a potential for waste, fraud, and abuse Congress needs 
to be proactive, not reactive.
  We have created a special inspector general for the TARP program and 
we have the Government Accountability Office reporting to Congress 
every 60 days on the use of that money as well.
  However, there is nothing like that for the money in this bill.
  That is why I introduced an amendment to ensure that Congress has the 
ability to get information from the executive branch and respond to the 
allegations that will inevitably come in.
  The amendment would ensure that any agency that gets funding under 
this bill would be required to provide records upon written request by 
a chairman or ranking member of a committee of Congress.
  In my experience, the executive branch consistently misinterprets a 
number of statutes in order to claim that it is legally prohibited from 
complying with oversight requests from Congress.
  This amendment would make the will of the Congress clear that when we 
ask for records, the agencies have an obligation to comply.
  The public's records should not be kept secret from the elected 
representatives of the people.
  The idea that only the majority should be able to request documents 
from the executive branch is just an invitation for a timid legislative 
branch.
  The President's choice to head the Office of Legal Counsel at the 
Justice Department, Dawn Johnson, wrote in July 2007:

       With regard to Congress, oversight obviously tends to be 
     least effective when the President's political party 
     dominates. . . .

  Now that the White House and the Congress are controlled by the same 
party, I am worried that oversight will suffer, just like Dawn Johnson 
said it would.
  I have always tried to focus on good government issues like waste, 
fraud, and abuse.
  That's what my amendment did.
  That should have had a vote.
  I know a lot of people have worked very hard putting this bill 
together.
  I know a lot of people worked very hard putting the substitute 
amendment together.
  I respect that they have worked hard.
  Hard work doesn't mean that it is good work.
  And we should have been allowed to consider and vote on all of the 
amendments I have discussed here today.
  Giving States $87 billion even though that is as much as eight times 
what they need to stay ahead of enrollment-driven Medicaid increases is 
still not well thought out.
  Giving States $87 billion while still allowing them to cut their 
Medicaid programs is still not well thought out.
  Giving States $87 billion while still allowing them to raise taxes or 
tuition is still not well thought out.
  Giving States $87 billion without requiring them to do a better job 
of addressing fraud, waste, and abuse is still not well thought out.
  Giving States $87 billion without making them address the fiscal 
sustainability of their Medicaid programs is still not well thought 
out.
  Giving a COBRA subsidy to millionaires is still not well thought out.
  It is still not well thought out. It is still out of control.
  The Senate should have been allowed to vote on the numerous 
amendments I have discussed today to address the shortcomings that 
occur when partisan bills are moved too quickly.
  We could still do that.
  We could process these amendments today.
  But as we have seen throughout, the majority is not interested in 
true bipartisanship or in process that allows for full and open debate 
on amendments.
  One of the key questions in the stimulus debate has been whether one 
side or the other is acting in a partisan manner.
  To put a finer point on it, you could break it down to two precise 
questions. The first question would be: Has the majority party, meaning 
my friends on the Democratic side, ever invited my side, the 
Republicans to the negotiating table?
  That is, has an offer, with an intent to negotiate, ever been 
extended by the Democrats? If the answer to the first question is yes, 
then the second question would be: Has the minority party, the 
Republicans, ever responded to the offer and taken the next step in the 
negotiating process.
  These are the fundamental questions that need to be asked and 
answered to determine whether the stimulus bill before us is a 
bipartisan process.
  Let's go to the first question. It is a basic question. My friends on 
the other side did very well in the last election. We congratulated our 
new President, Barack Obama, on his victory. The Democrats have robust 
majorities in both houses of Congress.
  They have their biggest majority in the House since 1993. They have 
the biggest majority since the Carter administration. We Republicans 
recognize they set the agenda.
  It is kind like the role of the point guard in a basketball game. 
They have the ball. Just as a point guard runs the plays, so too does 
the Democratic Leadership in both bodies decide the plays. Republicans 
don't have the ball.
  We are in a position of responding. That's all we can do. It's really 
up to the Democratic majority to make the first move. So, with the 
context in mind, let's bear down on that first question. Did the House 
Democrats make an offer?
  Did the Senate Democrats make an offer?
  Maybe I missed something, but I don't recall receiving an offer. As I 
said in committee and in the opening floor debate, my friend, Chairman 
Baucus, courteously and professionally consulted with me. But 
consultation is not the same thing as negotiation. They are very 
different actions.
  As a former chairman, I know well the pressure from the leadership, 
the caucus, the House, and an administration of one's own party.
  You really have to push uphill to get a bipartisan deal. The benefit 
of a bipartisan deal is the policy is likely to stand the test of time. 
The leadership, caucus, and administration are likely to understand 
that benefit in the abstract, but unlikely to take concrete actions to 
realize it.
  All of those partisan pressures will look to pull apart any 
bipartisan plan. I know my friend, Chairman Baucus understands that 
dynamic. He would probably prefer a bipartisan process and product, but 
the partisan edge is too great. The expectations on the Democratic side 
are too high. It's like the old saying: ``our way or the highway.''
  So, Madam President, we can't get to the second question. That 
question, whether Republicans have engaged in a bipartisan process, 
can't be answered.

[[Page 3338]]

It can't be answered because the process was never started. An offer 
was never made. We were not invited to the negotiating table.
  We have the House of Representatives and the House of 
Representatives-in-training given how this debate has been run.
  Today we are being told ``just do it'' at the expense of doing this 
very important and urgent legislation in a way that does right by the 
American people in the short and longer term.
  Ms. SNOWE. Madam President, I wish to to speak to my amendment that 
expands the eligible participants of the National Telecommunications 
and Information Administration, NTIA, Broadband Technology 
Opportunities Program. This program will be very valuable toward 
increasing broadband availability and access nationwide.
  The current language unduly limits private sector participation to 
that of only public-private partnership. And while I have been a long 
supporter of these efforts as an additional way to roll out broadband 
service and have cosponsored legislation in the past to that effect, I 
believe it is necessary to expand their eligibility in the program in 
order to more effectively and immediately increase the availability and 
access to broadband service, mainly in this economy.
  While many States have established very useful initiatives that have 
advanced broadband deployment in rural communities where the digital 
divide existed, other States unfortunately haven't. So by requiring a 
public-private partnership, it could hinder achieving the fundamental 
goal established by the program if there is lack of interest or 
resources from the public entities.
  In addition, this provision imposes a 20-percent match requirement 
for these grants, which may be satisfied by the grant applicant or any 
third-party partnering with the grant applicant, and only may be waived 
under special circumstances. With at least 45 states facing budget 
shortfalls, which the Center on Budget and Policy Priorities estimates 
for the current and next two fiscal years could surpass $350 billion, 
it may be difficult or impractical for States and local government to 
engage in these endeavors at this time. The last thing we need to do is 
to put States or local governments in position to have to find 
additional funds or possibly incur future costs to participate in this 
program.
  Over the past 5 years, the private sector has led the way in 
investing billions of dollars to build out communications networks in 
order to meet the growing demand for speed to due the flood of Internet 
content and applications. Through technologies such as DOCSIS 3.0, 
ADSL2+, and Fiber-to-the-Home, consumers can now achieve download 
speeds of more than 20 megabits-per-second and in some cases exceeding 
50 megabits-per-second. Wireless broadband, such as Wi-Fi and Wi-Max, 
is playing an increasingly significant role by providing valuable 
mobility--making the Internet portable.
  In order to achieve these speeds in rural areas and to meet the goals 
prescribed by this provision, it is central that we allow the private 
sector to continue its leadership. If the private sector is willing to 
make the investment then they should be able to participate in this 
beneficial program, with or without a public-private partnership.
  At the same time, States must play a significant role with this 
program by working with NTIA and the industry to determine the areas in 
most need of broadband investment--unserved areas. Doing so will 
provide a targeted effort toward erasing the digital divide that 
continues to exist in many rural communities and inner cities. These 
are the areas that have the most to gain from its availability.
  Without question, broadband has a significant impact to our economy. 
The availability of broadband in communities adds over 1 percent to the 
employment growth rate and a 0.5-percent in business growth to that 
area.
  With the poor state of our economy, we must look at all opportunities 
that will not just create jobs but will create 21st century jobs to 
make our Nation more competitive in this global digital economy, not 
limit them. This is why I urge my colleagues to support this amendment.


                               Broadband

  Madam President, I wish to also speak to my amendment that builds 
upon a beneficial provision in this legislation that will advance the 
investment and deployment of broadband. It does so by providing 
companies an incentive to build broadband infrastructure by using a 
targeted tax credit. I am very supportive of this measure but believe 
we can do more in order to have a greater impact.
  Specifically, this amendment increases the tax credits made available 
for current generation and next generation broadband deployment to make 
the provision more attractive; it establishes an ``intermediate 
generation'' broadband tier with speeds of 50 megabits per second 
downstream and 5 megabits per second upstream to set a migration path 
between the current and next generations speeds and have more carriers 
participate in the program. Also, the amendment refines the definitions 
of areas to provide a greater focus on building out in the areas that 
need it most--communities where the digital divide continues to exist.
  It is estimated that 9 to 10 million American households that use the 
Internet still lack access to broadband. And many areas that do have 
``broadband'' lack sufficient bandwidth speeds to utilize the full 
potential and benefits the Internet has to currently offer. These 
areas, typically rural communities, are the ones that have the most to 
gain from broadband. The availability of broadband in communities adds 
over 1 percent to the employment growth rate and 0.5 percent to 
business growth in that area. Also, the Brookings Institute estimates 
that $5 billion increase to broadband investment would successfully 
increase broadband penetration by 7 percent and result in 2.4 million 
new jobs throughout the economy. So it is clear that broadband is 
increasingly becoming a principal anchor to our economy.
  Over the past 5 years, the private sector has led the way in 
investing billions of dollars to build out communications networks in 
order to meet the growing demand for speed due to the flood of Internet 
content and applications. Through technologies such as DOCSIS 3.0, 
ADSL2+, Fiber-to-the-Home, and Wi-Max, urban and suburban consumers are 
achieving bandwidth speeds that were only available or affordable to 
businesses and corporations. But rural communities are unfortunately 
being left out in many cases. So we cannot sit idly by while the 
digital divide continues to exist. If we do not act, millions of 
Americans without access to modern technology will also find themselves 
unable to realize the educational and employment opportunities of the 
future.
  I take personal interest in this endeavor because approximately 10 
percent of Mainers still do not have any access to broadband. In 
addition to the creation of construction, engineering, and information 
technology jobs that will result from these tax credits, it will help 
revitalize local economies that have been disseminated by job loss. 
With a computer, a broadband connection, and an idea, a displaced 
worker can start his or her own business or take continuing education 
courses online to improve their skill set in order to reenter the 
workforce. With Internet broadband access, rural small business can 
connect to a global marketplace.
  With the poor state of our economy, we must look at all opportunities 
that will not just create jobs but will create 21st century jobs to 
make our Nation more competitive in this global digital economy. This 
is why I urge my colleagues to support this amendment.


                           Amendment No. 537

  Madam President, Amendment No. 537 to the recovery package will 
ensure that all regional electricity planners are eligible for funds 
for transmission development under this proposal. Under the proposal 
developed by the Appropriations Committee, the language clearly 
benefits Western States' development of transmission lines to 
population centers. This not only unfairly benefits this particular 
region,

[[Page 3339]]

but it fails to reflect the proximity of the renewable resources in 
rural New England to population centers. I strongly recommend that this 
language remain silent on what region or what entity should receive 
funds for transmission planning, and allow the Department of Energy to 
determine the merits of each region's plan.
  My amendment would simply expand the types of technical assistance 
grants under the Electricity Delivery and Energy Reliability Program 
that shall be provided to all regional transmission organizations, 
regional reliability entities, States, and other transmission owners 
and operators. Currently, the language inequitably limits the types of 
funds provided to western entities. I strongly believe that this 
language must be expanded upon to provide my State of Maine, and the 
independent system operator of New England to develop the critical 
renewable energy sources that exist in New England and construct the 
transmission lines to bring this power to population centers.
  I strongly recommend that we adopt this language and I look forward 
to working with my colleagues from New England, the Appropriations 
Committee, and the Department of Energy, to ensure that this funding is 
distributed in a regionally equitable manner.


                           Amendment No. 553

  Madam President, amendment No. 553 will provide dedicated funding for 
homeowners to replace inefficient fossil fuel heating systems with 
renewable energy sources. Although there is near unanimity in Congress 
with regard to the disastrous consequences of our failed energy policy, 
there still remains to be a bold effort to address this issue. Madam 
President, I believe that the consensus will ultimately build to reach 
a substantive change in our energy policy, but I believe it is critical 
that we begin these critical steps within this recovery package and 
dedicate resources to homeowners to utilize renewable energy sources to 
heat their homes, rather than foreign oil.
  Madam President, in my home State of Maine, roughly 80 percent of the 
population utilizes heating oil to keep warm in the winter. In New 
England, 40 percent of homes use heating oil. As a result, on average 
nearly 4.7 billion gallons of heating oil are consumed by New England. 
This is not only an enormous cost to families across the region, but it 
creates massive greenhouse gas emissions and increases our country's 
demand of foreign oil. This is not merely a regional issue, this is a 
national issue, and it should be a priority of Congress to reduce 
heating oil use in New England.
  Last week, I introduced an amendment that would dedicate $100,000,000 
of the Energy Efficiency and Conservation Block Grant Program to 
homeowners who replace their current heating system with a renewable 
energy system. These can include solar energy systems, geothermal 
energy systems, and wood pellet systems. These are all alternatives 
that should be pursued with boldness. While I continue to believe that 
significant investments must be made into energy efficiency, we should 
also work to reduce the percentage of homeowners who use heating oil. I 
believe that this is a critical downpayment to addressing our energy 
policy, and I look forward to working with my colleagues to dedicate 
funds to replacing fossil fuel systems.


                              Health Care

  Madam President, the bill before us includes critical funding and 
infrastructure to at last move our health care system out of the pen 
and paper era so that we may realize the promise of modern technology 
to reduce the toll of medical errors, improve care, and reduce costs. 
In doing so, it has been estimated that we will create from 40,000 to 
as many as 200,000 new jobs.
  To make this effort a full success, patients must be willing to trust 
their health records to a secure system which protects privacy. That is 
why I am pleased that Senator Kennedy has joined with me in my effort 
to achieve that.
  Today the public's confidence has been shaken by a dramatic growth in 
breaches of medical records. Such events--affecting over 42 million in 
the past 4 years carry serious and irreversible consequences. The 
impact just in the areas of employment and health coverage can be 
devastating.
  That is why I am pleased to see a number of provisions provided in 
this legislation to assure our constituents that greater data security 
and privacy protections will be used to protect their health 
information. Foremost among these, I note that the provision I authored 
on breach notification has largely been incorporated and extended. Yet 
a serious problem remains.
  Because the fact is that the provisions regarding breach--that notice 
is provided that the HHS Secretary reports on the problem and progress 
in addressing it--that measures are instituted to assure compliance . . 
. these will simply be ineffective. And that is because they will 
seldom be applied. That is because, in defining a breach, and providing 
some exceptions for inadvertent acts, the language actually excludes 
unintentional disclosures. An unintentional disclosure--the cause of 
the overwhelming number of breaches--simply would no longer be 
considered a breach!
  We all appreciate that exceptions may be made for some unintentional 
access. For example, a health care worker might inadvertently call up 
the wrong record on a computer. But the fact is, there are technical 
measures to prevent that in nearly every case. Yet the current language 
states that breach does not include any unintentional acquisition, 
access, use, or disclosure of such information by an employee or agent 
of the covered entity or business associate involved if such 
acquisition, access, or use, respectively, was made in good faith and 
within the course and scope of the employment.
  So if one should lose a laptop containing data, or transmit 
information to an unauthorized party, or perhaps leave a patient's on-
line medical history exposed for anyone to see . . . under the language 
in this bill that disclosure is not a breach, and the breach provisions 
simply do not apply. Since the vast majority of breaches are 
unintentional, we won't see the measures of this bill employed to 
secure and protect health records. It would apply only to intentional 
acts--and these are currently already addressed in current law as 
criminal acts. So without a conforming change in this overly broad 
exclusion, we will do little to address one of the public's greatest 
concerns about Health IT.
  Our amendment makes the necessary conforming change to the 
exception--simply removing the term disclosure as an exception. 
Unauthorized disclosures of protected health information are breaches--
and we all know that. Our amendment ensures that we will actually take 
the steps outlined in this bill to protect Americans from abuse of 
their medical data.
  In addition, we have heard from providers of their concern that the 
language in the bill may not properly extend reasonable exceptions to 
some health care workers--such as physicians with admitting 
privileges--who may be neither an employee of the hospital nor an 
``agent'' of that entity. The language of our amendment makes clear 
that such individuals who are authorized by the entity or business 
associated to handle protected health information would fall under the 
reasonable exception for inadvertent acts, with the same qualification 
that further ``acquisition, access or use'' does not occur.
  We also have added clarity to the bill's definition by stating that 
breach does not occur when an unauthorized individual simply could not 
reasonably have been able to retain protected health information. That 
makes it indisputable that many ``no foul'' situations will not be 
swept into breach reporting, such as unopened mailings by covered 
entities which are returned as undeliverable.
  Once again, I thank Senator Kennedy for his cooperation and support. 
The product of our bipartisan work ensures that Americans will be 
better protected from medical data breaches--and more critically--that 
we will see a reduction in this perilous threat.
  Madam President, I now will speak to the substitute to the stimulus 
package

[[Page 3340]]

we are considering today--against the backdrop of a moment in time in 
which our Nation lost 600,000 jobs last month alone, we are suffering 
under a 7.6 percent unemployment rate, and the number of Americans 
receiving unemployment benefits has reached 4.8 million--the highest 
since recordkeeping began in 1967.
  Indeed, the landscape facing us is so grave that economists of all 
persuasions--Republicans, Democrats, Independents--indisputably agree 
that inaction is not an option and that the question which has been 
before this Chamber since last week and before that in the Finance 
Committee is, What will actually work to jump-start this economy?
  Yet even the best economic minds are not in agreement or accord on 
what is the optimal stimulus to pursue--and what it would achieve. 
Business Week, in its January 28 issue, asks ``how much does boosting 
government spending or cutting taxes help the private sector? Can 
massive fiscal stimulus create jobs and increase economic output?'' 
David Leonhardt, economics columnist for the New York Times, stipulated 
in an article on January 29, 2009, that such a ``bill should help the 
economy in both the near term and the long term. But the government 
doesn't go out and spend about $800 billion every day. The details 
matter.'' He is absolutely right--the details do matter. That is why we 
have been engaged in this necessary, vigorous debate. And then there 
are economists such as Alan Viard, formerly of the Bush administration 
and now with the American Enterprise Institute, who questioned the idea 
of a stimulus initially who now agree that one, although limited, is 
required.
  As I said last Monday here on the floor, I want to support a stimulus 
package, but I cannot support just any package. We are confronting a 
multidimensional crisis that requires a multidimensional approach, and 
we cannot afford to get it wrong.
  Already Congress passed a rescue plan for financial institutions, but 
the lending expected to free up our credit markets has yet to 
transpire. Already the Federal Reserve has essentially exhausted its 
options to improve the economy through monetary policy, having reduced 
interest rates to zero--something else that hasn't happened since the 
1930s--and lent more than $1 trillion to stabilize the financial and 
credit markets. So, as I said during the markup of the Senate Finance 
Committee's portion of this package, we ought to remember that for us 
in crafting fiscal policy to meet this historic challenge, there are no 
do-overs. We only have so many arrows in our fiscal quiver.
  So the question at this point isn't if an economic stimulus is called 
for. And it isn't about how much we label as ``tax relief'' and how 
much we label as ``spending.'' In the final analysis, it is about the 
merits of the individual measures in this legislation and whether the 
totality of the package can--in the timely, temporary, and targeted 
fashion we have employed on stimulus measures in the past--deliver job 
creation and assistance to those who have been displaced. Because both 
elements are essential to turning the economic tide and aligning our 
Nation for a more prosperous future.
  I know this process got off to a less than stellar start. The House 
of Representatives, frankly, did not put its best bipartisanship foot 
forward by closing the door on House Republicans with an end result of 
the House bill receiving zero Republican votes. I like to think that 
there is a more constructive dynamic here in the Senate--a belief I 
will look to substantiate further in the coming days once we move to 
conference.
  So I recognize and share the frustration of my fellow Republicans. At 
the same time, we are no longer in control of this Chamber, and we 
should embrace our role as a minority to do all we can to exercise our 
rights to make constructive changes to this legislation. That is what 
many of my colleagues have been doing, and that is what this debate is 
all about.
  I have been in the Senate long enough to know that in a process like 
this there has to be give and take. And, in fact, the American people 
look to the Senate to temper the passions of politics, to provide an 
institutional check that ensures all voices are heard and considered, 
because while our constitutional democracy is premised on majority 
rule, it is also grounded in a commitment to minority rights.
  The bottom-line challenge is crafting a package that is effective--
and that means forging a measure that doesn't confuse stimulus with 
omnibus. And on that score I believe the Finance package--which 
ultimately came to comprise 65 percent of the combined legislation we 
are now considering, and with its tax provisions comprising more than 
40 percent of the overall package--set an appropriate standard as 
right-sized, properly targeted, and timely--thanks to Chairman Baucus 
holding 10\1/2\ hour markup and working through the issues. Under the 
leadership of Ranking Member Grassley, we included relief from the 
alternative minimum tax--which bolsters the President's make work pay 
provision I might add. We included a health information technology 
provision I championed that will create 40,000 new jobs as well as 
renewable tax credits I have long fought for that will create more than 
89,000 more. Frankly, if we had not dithered last year and opted to 
pass the extension of the renewable tax credits at the beginning of 
2008, we would have already been on the road to creating 100,000 new 
jobs.
  We also included significant tax relief that could be available to 
small businesses, the true job generators of our economy. We extended 
unemployment compensation benefits which, as we heard last year from 
the Congressional Budget Office, is a preeminent stimulus tool with a 
cost-effectiveness that is ``large,'' a length of time for impact that 
is ``short,'' and an uncertainty about the policy's effects that is 
``small.'' And we provided vital Medicaid assistance to the States--and 
I have heard the arguments against it, but does anyone seriously 
believe that a projected, combined budgetary shortfall of $350 billion 
for the States over the next 2 years won't have a profound impact on 
our national economy, as States grapple with raising taxes or slashing 
spending to balance their budgets.
  Our package also contains a payroll tax credit for more than 95 
percent of working families in the United States--which Mark Zandi has 
said will be ``particularly effective, as the benefit will go to lower 
income households . . . that are much more likely to spend any tax 
benefit they receive.'' And it increases eligibility for the 
extraordinarily successful refundable portion of the child tax credit 
that I originally spearheaded--to reach low-income families earning 
between $8,100 and $14,767 a year. Now, I have heard the arguments 
before against refundability, but this program reaches people who may 
not earn enough to have Federal tax liability but who work and 
contribute local taxes and payroll taxes--and will therefore get 
additional money into the pockets of those most likely to spend it.
  Before I go on to describe additional critical tax provisions in the 
Finance portion, I should note that although an extension of the 
suspension of required minimum distribution rules applicable to IRA, 
401(k), 403(b), and 457 plans is not included, I appreciate that 
Chairman Baucus has agreed to work with me to address this issue. While 
Congress provided critical relief to retirees by suspending these rules 
for 2009, Congress must go further and waive the rules for 2010. 
Equities markets have not recovered after a disastrous 2008, and our 
Nation's seniors will require considerable time to recoup their 
substantial losses. I trust that the Finance Committee will act to 
continue relief in a forthcoming pension or tax extenders bill.
  As ranking member of the Small Business Committee, I am also pleased 
the bill before us contains tax provisions I authored to help them 
sustain operations and employees, as part of my Small Businesses 
Stimulus Act of 2009. Our package extends enhanced section 179 
expensing for 2009, allowing small businesses throughout the Nation to 
invest up to $250,000 in plant and equipment that they can deduct

[[Page 3341]]

immediately, instead of depreciate over a period of 5, 7, or more 
years.
  Our package also lengthens the carryback period of net operating 
losses to 5 years to provide businesses facing unprecedented losses due 
to the economy with a $67.5 billion infusion of capital in 2009 and 
2010. But crucially, this proposal also ensures that those receiving 
Federal bailout funds from the TARP program will not be allowed to take 
advantage of these additional taxpayer resources.
  That is why I also appreciate the chairman's inclusion, at my 
request, of an initiative based on a bill that Senator Kerry and I have 
introduced to eliminate the taxation of gain on small business stock--a 
proposal President Obama had also made. Under current law, section 1202 
provides a 50-percent exclusion--a 14-percent effective tax rate--for 
the gain from the sale of certain small business stock held for more 
than 5 years. This provision is limited to individual investments and 
not the investments of a corporation.
  As a 14-percent effective tax rate provides little incentive to hold 
small business stock, given that Fortune 500 company stock is taxed at 
15 percent if held for only 1 year, the provision allows a 75-percent 
exclusion--7 percent effective tax rate--for individuals on the gain 
from the sale of certain small business stock field for more than 5 
years. This change is for stock issued after the date of enactment and 
before January 1, 2011.
  Furthermore, I was pleased to see that the chairman included a 
provision I joined Senators Lincoln and Hatch in spearheading to lessen 
the impact of the built-in gains tax on small businesses. By reducing 
the period from 10 to 7 years that S corporations converting from C 
corporation status must hold appreciated assets before they can be sold 
at lower tax rates, this proposal will enable small businesses to 
unlock capital that is currently frozen. This change is absolutely 
essential at a time in which our Nation's credit markets remain frozen 
and small businesses are struggling to meet their financing 
requirements. This provision benefit up to 900 small businesses in my 
homes State of Maine.
  We must neither neglect nor forget our Nation's distressed and rural 
communities. The Finance package rightly recognizes that imperative by 
including an additional $1.5 billion in 2008 and 2009 allocation 
authority for the new markets tax credit. I am told that the Community 
Development Financial Institutions Fund, which administers the 
incentive, can allocate the augmented 2008 credit authority within 90 
days, which will create 11,000 permanent jobs and 35,000 construction 
jobs.
  Moreover, I am pleased the chairman agreed to my provision--based on 
legislation I introduced in January--to expand the definition of 
``manufacturing'' as it pertains to the small-issue Industrial 
Development Bond, or IDB Program to include the creation of 
``intangible'' property. For example, this would allow the bonds to be 
used to benefit companies that manufacture software and biotechnology 
products by helping them get the financing necessary to assist their 
operations in innovating and create new jobs.
  With this change, State and local financing authorities could use 
IDBs to raise capital to provide low-cost financing of manufacturing 
facilities with the jobs of the future, helping to attract new 
employers and assist existing ones to grow. Notably, knowledge-based 
businesses have been at the forefront of this innovation that has 
bolstered the economy over the long term. For example, science parks 
have helped lead the technological revolution and have created more 
than 300,000 high-paying science and technology jobs, along with 
another 450,000 indirect jobs for a total of 750,000 jobs in North 
America.
  Our package also includes, at my request provisions from legislation 
Senator Kerry and I introduced to keep the alternative minimum tax from 
eroding the value of private-activity bonds, which are used to promote 
infrastructure and student loans. Congress repealed the AMT for use 
against housing private activity bonds as part of last summer's housing 
bill, and this proposal extends that beneficial treatment to other 
types of private-activity bonds. This should help spur demand for these 
types of bonds in a time in which the Nation is experiencing a credit 
crunch.
  I also appreciate the fact that the chairman agreed in a colloquy 
with me to address the critical issue of energy efficiency in the 25C 
tax credit. I am deeply concerned that our package fails to include 
modernizations to the efficiency standards, and I am alarmed that this 
provision, which I authored in 2005, may not propel our country forward 
to the truly advanced energy efficiency products. In addition, I am 
troubled that the stimulus proposal seems to address energy efficiency 
merely through appropriations. The Finance Committee has been on the 
vanguard of developing an energy efficiency industry through the Tax 
Code, and I am deeply concerned that we have failed to complement the 
Appropriations Committee proposal.
  In regard to the high-tech agenda ahead of us, the Finance measure 
establishes a tax credit for broadband infrastructure investment in 
rural and underserved areas that I coauthored with Senator Rockefeller. 
The purpose of our proposal is to drive job creation and to stimulate 
broadband deployment, particularly in areas where the digital divide 
continues to exist.
  Specifically, this proposal promotes broadband deployment in rural 
areas by providing a two-tiered tax incentive to stimulate new 
broadband investment. The provision contains a 10-percent tax credit to 
companies expanding their ``current generation'' broadband services--
defined as a download speed of 5 megabits per second--to rural and low-
income areas and a 20-percent tax credit to companies deploying ``next 
generation'' broadband services--defined as download speeds of 100 
megabits per second. Any provider installing broadband service in the 
targeted areas, whether by standard telephone wire, cable, fiber 
optics, terrestrial wireless, satellite or any other medium, would be 
eligible.
  The data is abundant and clear on the significant impact that 
broadband plays in communities--the availability of broadband in 
communities adds over 1 percent to the employment growth rate and 0.5-
percent in business growth to that area. Businesses locate operations 
and hire employees in urban locations that have adequate broadband 
infrastructure, rather than in rural or inner-city locations that are 
otherwise more efficient due to the location of their customers or 
suppliers, a stable or better workforce, and cheaper production 
environments. It is not an understatement to say that the deployment of 
technology could fundamentally transform the future of rural and inner 
city America.
  Finally, today there are 45 States which face budget shortfalls over 
the next 2 years which will result in a combined budget ``gaps'' of 
$350 billion--would anyone suggest that this would not have a profound 
impact on our national economy? Because States, which unlike the 
Federal Government, are required to balance their budgets, they will 
have to raise taxes or reduce spending or both. And right now, States 
are struggling to serve even their current Medicaid enrollees, never 
mind facing the growing demand for Medicaid care--as with every 1-
percent increase in unemployment an additional 1 million Americans will 
qualify for Medicaid or SCHIP assistance, under current enrollment 
criteria.
  So we should further assist their ability to serve their current 
Medicaid enrollees without imposing unacceptable tax increases or 
extending recent benefit cuts even further. At the same time, I thank 
the chairman for including provisions I championed to ensure States 
cannot use the increased Federal match monies to expand eligibility and 
to ensure prompt payment to providers--as delays in payments can 
threaten their continued operation, limit their ability to invest in 
new technology, or hire new employees--just the type of activity we 
want to encourage. I also thank the chairman for extending this 
requirement for nursing homes, which is crucial to better supporting 
long term care in this country.
  We then came to this debate on the floor, having combined the finance

[[Page 3342]]

package--which had fully $325 billion in tax relief, and $198 billion 
toward truly stimulative spending--with the appropriations portion at 
$365.6 billion. And as I stated on the floor last week, I share the 
deep concerns that while more than 98 percent of the finance package 
would spend out over the next 2 years, just 12 percent of the 
discretionary spending portion of the original, overall package would 
spend out in the first year--and just 49 percent over the 2 next years.
  Further, as the President said last Wednesday in our one-on-one Oval 
Office meeting, getting this not only right--but also right-sized--is 
also imperative. As he stated, we will lose $2 trillion in consumer 
demand this year and next--demand, I might add, that must be 
``backfilled'' in our economy with a substantial investment in both tax 
relief and targeted, effective expenditures that will create jobs. The 
fact is, given the monumental level of this recession that's about to 
become the longest and deepest since World War II, we can't just be 
throwing pebbles in the pond, Mr. President--we require the ripple 
effect of a boulder while at the same time ensuring that this is not an 
open-ended passport to spending in perpetuity. We heard the President 
say last week essentially that stimulus is spending. But let us 
remember, not all spending is stimulus.
  In order to help address the various concerns that have been 
expressed, I worked with Chairman Baucus to scale back the finance 
package by $25 billion, to contribute to the overall level of 
reductions necessary in combination with cuts on the appropriations 
side to trim more than $100 billion from the package--which was a 
number I had suggested in my meeting with the President last week.
  Overall, on the appropriations side, $83 billion has been excised 
from the package, and that is progress--as is the fact that more than 
40 percent of the Senate bill contains tax relief, whereas that ratio 
drops to about 33 percent in the House bill. And we shouldn't stop 
there, we should also require a specific listing of the numbers of jobs 
being created by each title in this act, and also rescind any 
unobligated balances of any program in the act that are not currently 
creating--or cannot be reasonably expected to create--jobs or help 
those displaced by the current recession.
  Which brings us to today, Mr. President. We have now considered a 
week's worth of amendments. And we have come to a compromise on both 
the spending and tax portions of the package at about a ratio of more 
than three to one. Is this compromise perfect, Mr. President? No. Is it 
everything that I personally would agree with? No. But it is, in fact, 
improvement and progress--and it is critical that these improvements 
are preserved in conference with the House following final passage of 
this bill.
  Looking forward, Mr. President, this must be a two-way street between 
Republicans and Democrats--and between the Senate and the House--if we 
are to craft a package commensurate with the times. I will support this 
compromise, but I will also continue to work throughout the conference 
committee process to ensure the individual elements of the final 
package will actually deliver job creation and assistance to people in 
need to the best of our ability.
  That is my bottom line--this process is far from complete, our work 
is far from complete, and make no mistake, my support at the end of the 
day will be predicated on the demonstrable ability of the elements of 
the final package to provide a vitally necessary stimulus to our 
economy through rapid job growth. That must be the yardstick by which 
we measure the value of any final version of this bill.


                   BIODEFENSE MEDICAL COUNTERMEASURES

  Mr. CASEY. I rise to engage the esteemed chairman of the 
Appropriations Committee, Senator Daniel Inouye; Senator Tom Harkin, 
chairman of the Labor, Health & Human Services, and Education 
Subcommittee; my Pennsylvania colleague, Senator Arlen Specter; and my 
Kansas colleague, Senator Sam Brownback in a colloquy regarding funding 
for creating capabilities to develop and manufacture biodefense medical 
countermeasures.
  As the chairmen and Senator Specter are aware, our country faces the 
rising threat of a bioterrorist attack against the U.S. homeland. 
Indeed, most experts agree that a bioweapons attack could be launched 
against the United States within the next few years. Such an event 
could inflict civilian casualties on a scale that would threaten the 
viability of a city's or region's key institutions and impose a 
widespread sense of vulnerability across the country and 
internationally.
  Moreover, President Obama has stated on numerous occasions that the 
bioterrorist threat is real and increasing. And, I believe, he will 
make responding to such a threat a key element of his national security 
strategy.
  Mr. HARKIN. I agree with my colleague from Pennsylvania that our 
Nation faces this growing threat and that we must respond accordingly.
  Mr. SPECTER. Mr. President, the bill the chairman has brought before 
the Senate includes funding to respond to many economic and security 
issues facing our country today, and I congratulate him on his 
tremendous effort. In particular, the bill includes funding for the 
Health and Human Services Department pandemic flu program, which falls 
under the subcommittee on which I have dedicated much of my service to 
the country. Unfortunately, the Senate bill does not identify specific 
funding for HHS to address bioterrorism and the development and 
production of biodefense medical countermeasures.
  Mr. INOUYE. That is correct. I recognize the importance of these 
investments. It is my understanding that the House version of the 
recovery bill includes funding for biodefense and medical 
countermeasures within the public health and social services emergency 
fund.
  Mr. SPECTER. A key component of preparedness is the availability of 
effective preventive and therapeutic drugs and vaccines to counter 
diseases caused by man-made attacks and public health threats. 
Identifying and funding the means to acquire these drugs and vaccines 
is an issue that I believe the Appropriations Committee and the Labor-
HHS Subcommittee should urgently address.
  Mr. CASEY. It is my understanding that the House version of the 
recovery bill includes funding for biodefense and medical 
countermeasures within the public health and social services emergency 
fund. I am sure my colleagues would join me in urging the Senator to 
agree to include funding for capabilities to support the development 
and production of biodefense medical countermeasures to address the 
bioterrorism threat in the conference report of this bill. We believe 
there is no better use of American taxpayers' dollars to both create 
high-quality jobs, retain biotechnology expertise domestically, and 
address a terrible threat to our Nation.
  Mr. BROWNBACK. I agree with my colleagues, Mr. Chairman, that the 
bill the Senator has brought before us addresses many impending needs. 
This matter we are discussing not only addresses a critical matter of 
national security by creating the capability to develop enough medical 
countermeasures to treat the U.S. population in the event of a 
terrorist attack, but it would expand domestic jobs and domestic 
infrastructure in the biotechnology industry. Like Senator Specter 
addressed previously, this bill does not identify specific funding for 
these needs.
  I conclude that the best way of addressing these threats is for 
partnerships between the academic, industry and government sectors. 
Academically affiliated, privately operated National Centers of 
Excellence for Flexible Manufacturing of Medical Counter Measures are 
the answer to developing, sustaining, and integrating our country's 
biodefense portfolio under the Biomedical Advanced Research and 
Development Authority.
  Mr. INOUYE. I thank my colleagues for raising this important issue 
with me today. I intend to work with them and the members of the 
conference committee to try to identify funding to develop and produce 
biodefense medical countermeasures.

[[Page 3343]]


  Mr. HARKIN. The capability that we are discussing is vital to our 
Nation's defense. It would also be a critical source of innovation, 
developing novel countermeasures faster and cheaper. I will also work 
with Senators during conference.
  The PRESIDING OFFICER. The Senator has used 5 minutes.
  Mr. SESSIONS. I thank the Chair. I ask unanimous consent that the 
amendment I offered, the E-verify amendment, be made pending and we 
have a vote on it.
  The PRESIDING OFFICER. Is there objection?
  Mr. BAUCUS. Madam President, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. BAUCUS. Madam President, I might say, I was going to 
mischievously suggest to my good friend from Alabama, maybe we can work 
something out if he can make sure the managers' amendment receives no 
objection.
  Mr. SESSIONS. I would be delighted to talk with you.
  Mr. BAUCUS. I knew you would. I must say, I expected that response, 
but I must also say the Senator from Alabama knows full well there are 
other Senators who would like their amendments in and agreed to. In all 
things considered, in fairness to all Senators all the way around, I 
think it is prudent to object, so the Senator's amendment may not come 
up at this point.
  I yield to the Senator from Nebraska--how much time does the Senator 
wish to speak?
  Mr. NELSON of Nebraska. Six minutes.
  Mr. BAUCUS. About 6 minutes.
  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. NELSON of Nebraska. Madam President, I rise today to take 
action--and I thank my friend and colleague from Montana for this 
opportunity to speak--for action is what is demanded by this American--
and, indeed, global--economic crisis.
  The economic recovery bill that came over from the House was a start, 
and the bill introduced in the Senate was better, but it was not good 
enough, and some elements did not seem to belong in a bill to create 
new jobs, save the jobs people have now, and return our economy to 
prosperity as soon as possible. That is why Senator Susan Collins and I 
worked with a group of nearly a dozen and a half Senators--12 Democrats 
and 6 Republicans--to cut and tailor our bipartisan compromise. It 
focuses like a laser beam on tax cuts for the middle class and job 
creation for millions of Americans.
  Critics have gone to great lengths to find fault. That is the old 
Washington way that leads straight down the path to partisan bickering, 
deadlock, and a dead end. Many have said it spends too much. Others 
have said it cuts too much spending. That is a sign, to me, that 
perhaps we have it just about right.
  We cut $110 billion of inefficient or less stimulative spending out 
of the previous bill. As I say, we have trimmed the fat, fried the 
bacon, and milked the sacred cows. We didn't have a closed-door 
negotiating system last week as some have said. It was open to all 
Senators, and they were invited. All were welcome to participate. In 
fact, several Republican colleagues did join us and participated, 
although they declined to support our final proposal. But they helped 
shape it, and their contributions were listened to, were considered, 
and were valuable.
  Now, some critics also say that other approaches might have been 
better for the economy than what we put in place. But no other plan has 
enough bipartisan support--and that is what you have to have in the 
Senate--to get the 60 votes needed to pass. The time for talk is over, 
and it is time to act.
  I believe our plan is the best chance for Congress to stop an 
economic avalanche. In just a year's time, that avalanche has swept 
away jobs for 3.6 million Americans--including many in my State of 
Nebraska--and nearly half nationwide vanished in the last 3 months. 
That is three and a half million jobs lost in the last 12 months and 
almost half of them in the last 3 months. The avalanche has erased 
billions of dollars in assets, driven anxiety up, and pushed our 
economy down toward the worst condition in seven decades. And it is 
accelerating. People in Nebraska and across America are losing their 
homes every day. The cost of inaction would be far higher than the cost 
of this bill, and acting later, when we are in a deeper recession or 
depression, will cost even more.
  Other critics of the bipartisan plan also say we are creating too 
much debt to leave to our children. I am afraid they have not learned 
from the past. The surest way to get out of debt is the way we have 
before: economic growth. Let's review. In 1993, when President Clinton 
inherited a deficit of over $300 billion, we grew our way out of it 
with tax cuts and jobs that lowered unemployment, increased 
productivity, and increased revenues. With the help of the Congress, he 
turned that deficit into a surplus of over $200 billion. President 
Obama has inherited a deficit of at least half a trillion dollars, and 
now we must once again restart the American prosperity engine with a 
lean diet of tax cuts and jobs for the middle class. This is not only 
the fastest plan to get us out of this economic slide; indeed, it is 
the only thing that ever has.
  While it certainly is easier to stay on the sidelines, it is our 
responsibility, as Members of Congress, to the American citizens and 
taxpayers to approve a recovery plan that is tailored, targeted, and 
lean, one that reduces taxes so middle-class Americans can get by today 
and that creates American jobs so we can grow our way out of this 
crisis.
  Some say we have cut too much from important programs, such as help 
for struggling States. We did reduce spending by $40 billion, leaving 
$39 billion, because we didn't want to offer a taxpayer-backed blank 
check to States with little accountability or promise of job creation. 
The plan leaves unchanged $87 billion to States under Medicaid. Now, 
let's be clear. The cuts our group found are reductions in new spending 
and not actual cuts.
  The more than $300 billion in tax cuts will help families with 
children, college students, home buyers, commuters, and businesses. 
They also offer incentives to expand renewable energy and promote 
energy efficiency. Cutting taxes has always been a key way Government 
can drive private sector job and economic growth, and the economic 
recovery plan we will consider delivers those major tax cuts.
  The $110 billion leaner spending side of the plan will fuel, save, 
and create jobs in towns, townships, and cities across America. It 
still provides robust support for infrastructure projects that will fix 
and build roads, bridges, highways, and sewer systems. It will improve 
community health centers, refurbish childcare centers, expand broadband 
Internet service, and repair housing. It will create the smart grid for 
electricity transmission across our country. Those upgrades will leave 
a lasting legacy long beyond the terms of the legislation.
  Our refocused bipartisan proposal isn't perfect. We all will admit 
that. But it will, in my view, do the job we need right now, and it 
will get many Americans back on the job while keeping many others in 
their jobs.
  I would like to extend my gratitude to Senator Susan Collins from 
Maine, Senator Olympia Snowe from Maine, Senator Joe Lieberman from 
Connecticut, Senator Arlen Specter from Pennsylvania, and the more than 
a dozen others who joined our negotiations--who, rather than taking the 
easy path of criticism, saw the need for resolute action and joined in 
the task of building----
  The PRESIDING OFFICER. The Senator has used his 6 minutes.
  Mr. BAUCUS. Madam President, I yield additional time to the Senator--
say, 4 more minutes?
  Mr. NELSON of Nebraska. Thirty seconds more.
  Mr. BAUCUS. I yield a full minute.
  Mr. NELSON of Nebraska. I thank my friends for these negotiations. 
Rather than taking the easy path of criticism that we have seen, they 
saw the need for resolve and they joined in the task of building our 
American recovery, for I believe, as they do, in the

[[Page 3344]]

hard work and ingenuity of the American people, and that is how we will 
return to prosperity, as only Americans can and have.
  I thank the Chair. I yield the floor, and I thank my colleague from 
Montana for that courtesy.
  Mr. COBURN. Madam President, how much time remains on this side?
  The PRESIDING OFFICER. There is 4\1/2\ minutes remaining.
  Mr. COBURN. I ask unanimous consent to consume that 4\1/2\ minutes 
and an additional 1 minute, if the generous chairman will accept.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Oklahoma is recognized.
  Mr. COBURN. Madam President, I hear the word ``legacy.'' The legacy 
that is going to be left from this bill is demonstrated to us by 
history. Here is what we did the last time we found ourselves in this 
shape. The Federal Government as a percentage of GDP went from 2\1/2\ 
percent to 20 percent in all the New Deal programs.
  There is a wonderful book, and people ought to read it. It is called 
``The Forgotten Man,'' Roosevelt's ``Forgotten Man'' series. This is an 
analysis of what we did, how we did it, what worked, and what didn't. 
Quite frankly, what you can see from this chart is that Government 
never got small again. Never. And what is going to happen is, if you 
look outside of this chart to what we are doing now, you are going to 
see Government grow again. So the total State and Federal take from GDP 
will be above 38 percent from now on. Now, what does that mean to you? 
What is the legacy of that? The legacy of that is lost opportunity--not 
for us; we will be pushing up daisies. Our children and our 
grandchildren, though, will suffer from a massive decline in their 
standard of living.
  That is not to say we shouldn't do a stimulus bill. The stimulus bill 
we should do should be very targeted--this one is not--it should be 
timely--this one is not--and it should be temporary--this one 
absolutely is not because we are going to see this same thing happen. 
Even our own budget chairman, the honorable Senator from North Dakota, 
says, at a minimum, $124 billion a year increase in the baseline, 
additional spending that will never go away--never go away.
  So what does it mean when we say we have a legacy? Here is the legacy 
of this bill: The cost this year, not including interest, for every 
family in this country is going to be $11,000. That is what we are 
going to borrow against your future earnings. We will increase the 
baseline budget this year $350 billion. That is just this year. The 
increase in the annual deficit will be somewhere between $50 billion 
and $185 billion, before interest. And we are going to pay $438 billion 
in interest on this borrowed money over the next 10 years. Everybody 
knows that if you save before you spend, it costs you about half. But 
what we are doing is spending and costing the future of our children.
  What is the Congressional Budget Office's best guess? That we will 
create somewhere between 1.3 and 2.9 million new jobs. But also their 
best guess is that in about 10 years, this ``stimulus'' will have a 
negative effect on the economy. We are going to spend $15 billion to 
renovate offices for Federal employees. What percentage of this $800-
plus billion bill will really stimulate? About 12 percent.
  The other thing that is wrong with the bill is that there are no 
brakes on it. What happens when we have two or three quarters of 
growth? Do you think this body will come back and take this money away? 
No. Politicians are averse to ever taking anything away because they 
care more about getting reelected than they care about what is in the 
long-term best interest of the country. So here we have a stimulus bill 
that will forever raise the baseline and the interference of 
Government.
  Now, what does this really mean if it goes to 35 percent? What it 
means is that you lose liberty. You lose freedom. If you think the 
Government is involved in the decisions you make now, just grow it 
another 10 percent total and see what happens. Your liberty and your 
freedom. It doesn't mean we shouldn't do a stimulus bill. We should. 
But we ought to do one that will really make a difference.
  The other moral hazard with this bill is that we didn't hear today 
what the plans are for the mortgage problems, the housing problems, or 
the bank problems. Now, the reason we didn't hear about that is because 
we have to get past this vote because when you get ready to swallow the 
near trillion dollars they are going to come and ask for on those two 
problems, this is going to seem small. But if you have to talk about 
both at the same time, $1.8 trillion, now we are at $25,000 per family.
  The fact is, what was done in this country from 1929 to 1938 didn't 
work. We are not even doing as good a job as they did in terms of 
directing the money. Yet, because of the basis of fear, we are going to 
pass a bill saying we have to do something. We do have to do something, 
but it doesn't have to be done today. It needs to be done in a very 
meticulous manner to make sure we get it right.
  There is a legacy with this bill. I will spend the last few minutes 
talking about the fact that there are no earmarks in this bill. That is 
an out and outright untruth. There are tons of earmarks in this bill, 
from electric golf carts, to power generations for specific lobbyists 
who spent well over $1 million getting it in there, to a new building 
for the State Department to train its security personnel. They spend 
$12 million a year now. They are going to spend $275 million now and 
still spend $12 million a year, but we get a building in West Virginia 
because the Senators from West Virginia want that building there.
  The competitiveness clause we put in, which the Senate voted 
unanimously on to put all contracts competitive, it will be blown out 
of the water, it will never come out of conference----
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. COBURN. Because we don't want to do what is best for the children 
of this country; we want to do what is best for the politicians.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Maine.
  Ms. COLLINS. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. COLLINS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Shaheen). Without objection, it is so 
ordered.
  Ms. COLLINS. Madam President, is the time controlled?
  The PRESIDING OFFICER. It is controlled. All remaining time is under 
the control of the Senator from Montana.
  Ms. COLLINS. Madam President, I ask unanimous consent that I be 
permitted to proceed for up to 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. Madam President, I rise today to speak on behalf of the 
bipartisan compromise amendment Senator Ben Nelson and I have filed, on 
which we will be voting very soon. Before I get to the specifics of our 
amendment, let me address more generally the challenge, indeed the 
crisis, we are facing as a nation.
  Over the course of the past year and a half, and particularly during 
the last 6 months, we have witnessed the collapse of the housing 
market, the unraveling of our Nation's financial institutions, and the 
evaporation of trillions of dollars of what had been invested in the 
stock market and in people's retirement accounts. As a result, millions 
of Americans are worried about whether they now have enough money to 
retire, how they will make ends meet if they are already retired, or 
how they will help pay for their children's education.
  I have heard from far too many Mainers who have had to delay their 
retirement plans because they no longer have the nest eggs for which 
they have worked so hard.

[[Page 3345]]

  The crisis that started on Wall Street has become a crisis on Main 
Street in every community in America. The deeply disturbing economic 
report released last Friday underscores the magnitude of the challenge 
we are facing. Nearly 600,000 Americans lost their jobs in the month of 
January, bringing to 2.5 million the number lost since the end of 
summer. The Nation's unemployment rate is the highest it has been in 
more than 16 years.
  In my home State of Maine, job losses totaled 3,400 in December and 
the unemployment rate has reached 7 percent. It seems every day brings 
another report of a business laying off hundreds or even thousands of 
workers.
  Friday we learned that Katahdin Paper, in East Millinocket, ME, is 
being forced to lay off 140 workers for at least a month because the 
business simply does not have enough orders to keep these workers on 
the job. These are people who have worked hard their entire lives to 
take care of their families and now they fear for their future.
  I know everyone in this body recognizes the difficult straits we are 
navigating as a nation. Finding a consensus on how to address our 
economic crisis is extremely difficult. There are some who believe no 
action is better than the action that has been proposed. I could not 
disagree more. The future of our economy depends on immediate action 
that is targeted and effective and the American people rightly expect 
that this action will be bipartisan; that we will come together to 
address the most serious economic crisis in generations. That is why I 
joined with my good friend, Senator Ben Nelson, and a group of Senators 
from both sides of the aisle, including the Presiding Officer, to help 
craft a bipartisan compromise to achieve these critical goals.
  I want to recognize that, regardless of how many Republicans vote for 
this package today, several were involved in the deliberations in which 
we participated. Their insights and input were invaluable in crafting 
the compromise package we are offering tonight. Our efforts to reach a 
compromise would not have been possible without this hard work, this 
dedication, this commitment by our colleagues on both sides of the 
aisle.
  Here is what our amendment would do. First, we will provide more than 
$200 billion in aid to the States. I stress that because I have heard 
some commentators say there is no money in here, that it has been 
slashed, that it has been cut, that there is nothing left for the 
States. Madam President, $200 billion is included in this compromise. 
Approximately $87 billion of this amount will flow through a temporary 
increase in the Federal share of the Medicaid Program. I know that as a 
former Governor, the Presiding Officer is well aware that for most 
States health care costs are the No. 1 item in their budget. If it is 
not health care, it is education.
  The loss of jobs often means the loss of health insurance and it is 
well established that the number of persons relying on Medicaid 
increases in a poor economy. Moreover, this increased demand for 
services occurs at precisely the time that State budgets are under the 
most pressure. Our proposal, therefore, includes $87 billion in 
assistance to States through a targeted, temporary increase in the 
Federal Medicaid matching rate. Maine will receive an additional $490 
million in Federal Medicaid funds through this provision alone.
  I want to recognize and salute the work of my colleague from Maine, 
Senator Snowe, who worked very hard in the Finance Committee with her 
colleagues to shape this portion of the aid. And I also want to note 
the hard work of my good friend Arlen Specter, whose efforts were so 
essential to the construction of this compromise.
  Putting money in the hands of States is a commonsense way to 
stimulate economic growth. Leading economists have found that targeted 
aid to States will generate increased economic activity of $1.36 for 
every $1 spent. Moreover, this temporary increase will help States 
avoid cutting back on health care coverage and services at the very 
time that the number of families needing help is increasing.
  Some of my colleagues are opposed to this provision because they say 
it will never be temporary, that once we increase the Federal matching 
rate it will become a permanent entitlement. We have only to look at 
history to know that is not true. In 2003, Senators Nelson, 
Rockefeller, and I negotiated a similar temporary increase that proved 
effective in staving off drastic cuts in Medicaid and we need to 
provide similar assistance again. I would note it was 18 months that we 
did that for, so I believe we can do this in a temporary, targeted way.
  Next, our amendment provides $41.6 billion for education programs. 
That is right, more than $41 billion in new funding for education 
programs. It includes $13.5 billion in funding through the Individuals 
with Disabilities Education Act, IDEA, what is known to most of us as 
special education, education for children with special needs. This new 
funding will help fulfill a promise that the Federal Government made 
back in the 1970s, when it first passed IDEA. At that time, the Federal 
Government promised to pay 40 percent of the national average per-pupil 
expenditure for every child in special education and we have never come 
close. This is the granddaddy of unfunded Federal mandates. This money 
will help relieve the burden on school districts. Every school district 
throughout the United States will benefit from this increase in special 
education funding. That, in turn, will help communities retain support 
staff and teachers in the classroom because, after all, they cannot cut 
back on funding for special education because that is a Federal 
mandate. What happens is they are forced to cut back elsewhere. This 
will help a great deal with teacher and support staff retention and it 
helps relieve the pressure of this unfunded mandate.
  Other education funding includes $10.4 billion in title I funding. 
This is funding that goes to school districts with high percentages of 
economically disadvantaged students.
  Another education portion of this bill provides $13.9 billion for 
Pell grants so that the maximum Pell grant will increase by $281 for 
the 2009 school year, and by $400 for the 2010 school year. I worked at 
a college prior to my election to the Senate and I know how critical 
Pell grants are for our low-income families.
  That is not all. The $200 billion in aid to States also includes $39 
billion for a new State stabilization fund, to help States and local 
governments with other key priorities.
  Let me now talk about another part of this bill that I think is 
absolutely critical and which fortunately enjoys widespread support. 
Every State in the Nation has a backlog of needed infrastructure 
projects that are ready to go--the engineering is done, the design is 
completed, they are truly shovel ready. We are providing nearly $52 
billion in funding to restore our Nation's crumbling infrastructure. Of 
that amount, $45.5 billion is directed to a wide variety of 
transportation projects and that is expected to produce $5.70 of 
economic benefits for every $1 spent--a tremendous rate of return. For 
every $1 billion invested in transportation infrastructure, up to 
35,000 jobs can be created, so this is a real job generator. Under our 
amendment, the State of Maine could receive more than $170 million in 
transportation infrastructure funding, and that will result in nearly 
6,000 jobs for Mainers.
  This part of our amendment also provides $6.4 billion for the Clean 
Water State Revolving Fund and the Drinking Water State Revolving Fund. 
Again, these are more examples of unfunded Federal mandates where we 
can help relieve pressure on States and communities while creating good 
jobs.
  There have been many discussions about what should not be included in 
this bill. There are a number of worthwhile projects and programs that 
were funded by the House bill and by the bills as reported by the 
Senate committees--programs I have always supported that are near and 
dear to my heart. But the fundamental, critical goal of this bill is to 
provide a jolt to our economy to get it back on track.

[[Page 3346]]

  So some of these programs, while they are worthy of an increase in 
funding, simply do not belong in an economic stimulus bill. This is the 
test we applied: Will it help get our economy on track? Will it create 
jobs? Will it save jobs? Will it put tax relief in the pockets of 
consumers? These are the proper criteria.
  It is the regular appropriations process that is the appropriate 
vehicle for considering funding for many of these programs that, while 
worthwhile, do not boost our economy. So our amendment eliminates $5.8 
billion for health prevention and wellness programs. I support these 
programs. I am a strong supporter of them. But it simply does not make 
sense to fund smoking cessation programs as part of an economic 
stimulus package. It does not make sense to include $870 million for 
pandemic flu preparedness, again an issue that I care deeply about 
because of my role on the Homeland Security Committee.
  The PRESIDING OFFICER. The Senator's time has expired.
  Ms. COLLINS. Madam President, I ask unanimous consent that I be 
permitted to proceed for 2 additional minutes.
  Mr. BAUCUS. I yield 2 minutes to the Senator from Maine.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. I thank the chairman.
  Madam President, we also struck--I am chagrined to say to the senior 
Senator from New Hampshire--$34 million to renovate the Department of 
Commerce building.
  Now, again, undoubtedly there needs to be renovations, but that 
simply does not meet the threshold for inclusion in this bill. I 
support many of these projects, but the stimulus bill should not be a 
vehicle for either my pet projects or anyone else's.
  In closing my remarks, I want to emphasize that a substantial amount 
of the funding in our amendment, more than $365 billion, will be used 
to reduce the tax burden on Americans at a time when this relief is so 
critical. We provide also important assistance for those who are 
struggling the most, for those who need an extension of unemployment 
compensation and an increase in the refundable child tax credit and an 
increase in the earned-income tax credit.
  We provide direct assistance to seniors, disabled veterans, and SSI 
recipients. And very importantly, the amendment contains three 
provisions that are especially critical to small business--the job 
generators of our economy.
  These include an extension of the bonus depreciation and small 
business expensing provisions we passed last year, plus a provision 
allowing businesses to carryback net operating losses for five years, 
instead of the current two years. Taken together, these provisions will 
give the American business community nearly $23 billion in much needed 
tax relief. I commend the Finance Committee for its leadership in 
crafting these provisions.
  All in all, I am proud of the bipartisan work we have done during the 
last 10 days. As with any major legislation, this bill is not perfect. 
But it can go a long way toward creating jobs and addressing the dire 
economic crisis facing our Nation.
  Our amendment is bipartisan, targeted, and effective. I urge my 
colleagues to support it.
  The PRESIDING OFFICER. The Senator from Montana is recognized.
  Mr. BAUCUS. Madam President, I commend the Senator from Maine, Ms. 
Collins, who has done a terrific job in helping us reach this point. 
She has done great work. I commend both Senators from Maine. The 
Senators from Maine are the key to a solution because they are the ones 
who created the impetus to get us where we are.
  Because of their efforts, I might say, the Senate is within 
measurable distance of being able to respond to an economic crisis that 
confronts the Nation. It is the efforts of the Senator from Nebraska, 
of course, and also Senator Specter, but the Senators from Maine are 
really the ones who deserve the lion's share of the credit. Because of 
their work, millions of Americans will keep their jobs or get new jobs.
  Again, I thank the Senators from Maine for what they are doing for 
our country.
  The amendment before us is about creating jobs. The Office of 
Management and Budget has estimated that this bill could create or save 
3 to 4 million jobs. The Congressional Budget Office has estimated that 
this bill would create or save between 1.3 and 3.9 million jobs. This 
amendment will help us to pass this bill. Literally millions of jobs 
depend on the adoption of the amendment. Let me restate that. Literally 
millions of jobs depend on the adoption of this amendment.
  We face the worst economic disaster in the lifetimes of most 
Americans alive today. History will judge how we respond. Let's not let 
this Nation down. We do not have much time to waste. We must act 
quickly to pass the Collins-Nelson substitute in conference to reach a 
consensus and put this bill on the President's desk without delay.
  Let's not repeat the mistakes of the late 1920s and 1930s. Let's 
confront the economic challenge of our times. When the roll is called 
minutes from now, let's invoke cloture on the Collins-Nelson 
substitute.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Ms. COLLINS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. Madam President, I want to point out to my colleagues, 
the U.S. Chamber of Commerce has issued a letter strongly urging a 
``yes'' vote on cloture on the Nelson-Collins amendment.
  I am going to put a copy of that letter on my colleagues' desk. But I 
do ask unanimous consent this letter be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                               Chamber of Commerce


                              of the United States of America,

                                 Washington, DC, February 9, 2009.
     To the Members of the United States Senate:
       The U.S. Chamber of Commerce urges you to support cloture 
     on the Collins-Nelson amendment to H.R. 1, the ``American 
     Recovery and Reinvestment Act of 2009.'' The Chamber also 
     renews its call that the Senate approve H.R. 1 without delay 
     so that the House and Senate can expeditiously complete work 
     on a conference report that provides timely, targeted, and 
     temporary economic stimulus.
       The Chamber recognizes that the evolving legislation is not 
     perfect, but believes that it is vital that Congress quickly 
     approve legislation to assist the crumbling U.S. economy. The 
     Chamber strongly supports cloture on the Collins-Nelson 
     amendment, which will refine H.R. 1 and, most importantly, 
     allow the legislative process to proceed. Overall, the 
     Chamber supports many of the pro-growth tax initiatives in 
     the bill, as well as spending-side provisions to provide 
     stimulus, create jobs and to get Americans back to work.
       The U.S. Chamber of Commerce, the world's largest business 
     federation representing more than three million businesses 
     and organizations of every size, sector, and region, looks 
     forward to working with the Senate, House and the 
     Administration to accomplish meaningful economic stimulus 
     legislation that can be signed into law in the coming days.
           Sincerely,

                                              R. Bruce Josten,

                                         Executive Vice President,
                                               Government Affairs.

  Ms. COLLINS. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, the millions of Americans who are out of 
work, struggling to keep their homes and make one paycheck last until 
the next one comes, deserve to hear five words from Congress: Help is 
on the way.
  Moments from now, we will have the opportunity to vote to move 
forward on President Obama's economic recovery plan and put an end to 
the filibuster now stopping this legislation from helping the American 
people.

[[Page 3347]]

This legislation is not a silver bullet. The economic anguish that 
President Obama inherited from the previous administration is far too 
severe to be solved in 1 day or 1 week or by one piece of legislation.
  Recovery will take time. The American people understand that. They 
have patience for the long road that lies ahead, but they do not have 
patience for Congress to point fingers, drag its feet, or fail to act.
  We have already shown the American people we can act on a bipartisan 
basis, and we have done it this Congress. We worked in a bipartisan 
basis to pass the Lilly Ledbetter legislation, bipartisan legislation 
that makes the working place a place where women are treated more 
fairly.
  We worked on a bipartisan basis to pass the Children's Health 
Insurance Program, legislation that, in Nevada, will give insurance to 
120,000 children who previously had no health insurance. These pieces 
of legislation are already law. They have been signed by President 
Obama and are now the law of this country because we worked together to 
get it done.
  This week Senators from both parties met the seriousness of the 
economic crisis with an earnest approach to solving this emergency. 
With the help of the dedicated work of Senators Ben Nelson, Joe 
Lieberman, Susan Collins, Olympia Snowe, and Arlen Specter, we now have 
the opportunity to support legislation that will put America back to 
work.
  I appreciate my friend from Maine mentioning the letter from the 
Chamber of Commerce. This is a strong letter. You cannot find a company 
anyplace in America that does not support this legislation because they 
know it is going to create jobs.
  The National Association of Manufacturers supports this legislation. 
Big business, small business supports this legislation because they 
believe help is on the way. At a time of escalating job loss, it will 
save or create as many as 4 million new American jobs. At a time when 
middle-class families are finding it harder to make ends meet, it 
provides desperately needed tax relief. At a time of crumbling roads 
and ever greater reliance on foreign oil, it invests in infrastructure 
and renewable energy. At a time of deepening complexities in the global 
marketplace, it better equips our schools to prepare American students 
for success.
  But our job does not end here, it begins. In the coming weeks and 
months, we will turn to legislation offered by the Obama administration 
to fix our badly broken financial sector and to stabilize the housing 
market. As we have with Ledbetter--I talked about that important 
legislation--Children's Health Insurance Program, and this economic 
recovery plan, we need to continue to work together to solve the 
problems our great Nation faces. Nevada and all of America deserves 
nothing less. The time to act is now. Because the American people 
believe help is on the way, we must prove it to them.
  Madam President, I ask unanimous consent the vote start now.
  Mr. SESSIONS. Madam President, what is the request?
  Mr. REID. I have 2 minutes remaining. I am giving everyone relief so 
they do not have to listen to me.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, pursuant to rule 
XXII, the clerk will report the motion to invoke cloture.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the Collins-
     Nelson of Nebraska amendment No. 570 to H.R. 1, the American 
     Recovery and Reinvestment Act of 2009.
         Ben Nelson, Max Baucus, Kent Conrad, Jon Tester, Debbie 
           Stabenow, Charles E. Schumer, Richard Durbin, Dianne 
           Feinstein, Jeff Bingaman, Patty Murray, Christopher J. 
           Dodd, Benjamin L. Cardin, John D. Rockefeller IV, 
           Claire McCaskill, Patrick J. Leahy, Blanche L. Lincoln, 
           Harry Reid.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on 
amendment No. 570, offered by the Senator from Maine, Ms. Collins, and 
the Senator from Nebraska, Mr. Nelson, to H.R. 1, shall be brought to a 
close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from New Hampshire (Mr. Gregg) and the Senator from Texas (Mr. Cornyn).
  Further, if present and voting, the Senator from Texas (Mr. Cornyn) 
would have voted ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays result--yeas 61, nays 36, as follows:

                      [Rollcall Vote No. 59 Leg.]

                                YEAS--61

     Akaka
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Boxer
     Brown
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--36

     Alexander
     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     Lugar
     Martinez
     McCain
     McConnell
     Murkowski
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Vitter
     Voinovich
     Wicker

                             NOT VOTING--2

     Cornyn
     Gregg
  The PRESIDING OFFICER. On this vote, the yeas are 61, the nays are 
36. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  Mr. REID. Madam President, I move to reconsider the vote.
  Mr. DURBIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. REID. Madam President, as we know, that is the last vote for 
today.

                          ____________________




                            MORNING BUSINESS

  Mr. REID. Madam President, I have checked with the Republican leader, 
and we are going to go now into a period of morning business, with 
Senators allowed to speak therein for up to 10 minutes each. The first 
person to be recognized is Senator Grassley of Iowa, who wants to speak 
for 10 minutes. Others who want to speak can certainly do so.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES

  Mr. CRAPO. Madam President, in mid-June, I asked Idahoans to share 
with me how high energy prices are affecting their lives, and they 
responded by the hundreds. The stories, numbering well over 1,200, are 
heartbreaking and touching. While energy prices have dropped in recent 
weeks, the concerns expressed remain very relevant. To respect the 
efforts of those who took the opportunity to share their thoughts, I am 
submitting every e-mail sent to me through an address set up 
specifically for this purpose to the Congressional Record. This is not 
an issue that will be easily resolved, but it is one that deserves 
immediate and serious attention, and Idahoans deserve to be heard. 
Their stories not

[[Page 3348]]

only detail their struggles to meet everyday expenses, but also have 
suggestions and recommendations as to what Congress can do now to 
tackle this problem and find solutions that last beyond today. I ask 
unanimous consent to have today's letters printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       I am not going to bother with ``how'' we are affected by 
     high energy prices. Just about everyone buys fuel. Just about 
     everyone buys food, and uses electricity or natural gas to 
     heat and cool their homes. It is a given that everyone is 
     affected. It is not the ``how'' that is important; it is the 
     ``why''. I have a firm belief that the crisis is not in 
     energy; it is in government, and monetary policy. The price 
     of fuel and other forms of energy are increasing due to a 
     combination of several things: 1) Lack of a truly free 
     market, 2) An excess of government involvement, 3) Greed and 
     a desire for control, and 4) Inflation directly caused by the 
     Federal Reserve. The latter is the most probable cause of the 
     increase. I do not believe for a second that prices have 
     anything to do with supply. I believe we have enough oil 
     within our own borders to easily become energy independent, 
     if only it was allowed (by government) to be tapped. I 
     believe the Federal Reserve (a private entity masquerading as 
     a government entity, completely controlled by private 
     bankers) is one of the main (if not the main) evils in our 
     time. The Federal Reserve should be abolished, and sound 
     money, backed by gold and silver, should be restored. All 
     economies that have ever been based on a flat currency fail, 
     and ours will as well (mark my words, and the words of the 
     Founding Fathers). The Fed has done absolutely nothing to 
     secure the value of the dollar, but instead has done 
     everything possible to erode it. Soon the paper and ink that 
     is used will be worth more than the currency itself, as it is 
     backed only by the people's trust in their government; 
     something that is quickly declining.
       I do not want the Congress involved in this issue. It is 
     not government's responsibility to be involved, or to ``fix'' 
     anything; it is rather their responsibility to not be 
     involved. Let the free market work. If it was not for the 
     presence of corporatism, several alternative energy sources 
     (such as domestic oil, electric cars, solar power, etc) would 
     have already been developed and be mainstream choices.
       I would encourage you to read (or listen to) The Proper 
     Role of Government, given by Former Secretary of Agriculture 
     Ezra Taft Benson. You can find the text and audio at the 
     following link: http://www.wakeup saints.com/truth/
     Ezra%20Taft%20Benson%20 %20The%20Proper%20Role%20of%20Govern 
     ment.php.
       I would also encourage you to read (or listen to) The 5,000 
     Year Leap. A summary (and entire audio) can be found at the 
     following link: http://www.wakeupsaints.com/truth/W. 
     %20Cleon%20Skousen%20%20The%205%2C000 %20Year%20Leap.php
       Thanks for your time,
     Nate, New Plymouth.
                                  ____

       Thank you for asking us to write to you regarding the 
     energy crisis. I used to laugh at my mother-in-law when she 
     complained about $1.80 a gallon gas. Dave and I have always 
     tried to plan our trips and walk whenever possible to 
     conserve gas, especially since the ``crisis'' of the 70s, so 
     gas was just a necessity and there was no sense driving all 
     over town looking for the cheapest station. It is really too 
     bad that something was not done then to use our own energy 
     resources, but the environmentalists took over and 
     successfully squelched any progress. Now we are dependent on 
     foreign oil and it will take several years to get our own 
     resources up and running. If our plan was to drain all of the 
     oil out of the Middle East before using our own, it really 
     backfired. I would like a bumper sticker proclaiming, ``Do 
     not like the price of gas? Blame an environmentalist.''
       That being said, we had better get busy and start drilling 
     in anywhere we can, building refineries where we can (what 
     about President Bush's idea of converting unused military 
     bases?), and developing nuclear power. When the price of gas 
     goes back down, it will all be forgotten if we do not use 
     this crisis to get started!
     Jacqui, Boise.
                                  ____

       I have read with great interest your articles on the high 
     fuel prices. Sorry, but I believe it is all a load of bull 
     and brain washing!! Listen carefully--The problem is the 
     greed of the oil companies! Pure and simple. There is no 
     reason on earth why they should make billions of dollars per 
     month in profits, by screwing the American people! The cost 
     of a barrel of oil does not equate to the price of the fuel! 
     They have put our entire country into a tail spin! What they 
     are doing is nothing short of criminal. My wife and I are on 
     a fixed income, retired and unable to enjoy any travel! We 
     are only able to see our grandkids once a year from Kuna to 
     Spokane, due to the price of fuel! The electrical has just 
     taken a big jump as well. The government needs to step in and 
     stop these thieves from bilking the American people. Just 
     because they have a product that is required by all, they 
     take advantage of it and are robbing the nation! Drilling for 
     oil is not the problem. We have already proven with ethanol 
     that the price of American produced fuel is even higher! The 
     CEO of Shell Oil on ``The Today Show,'' said we have enough 
     oil for 300 years. Supply is not the problem. Greed of the 
     oil companies is the only problem! Please save our country by 
     forcing them to lower the price!
     Carl, Kuna.
                                  ____

       I am retired from Idaho State Police. I served 18 years. I 
     have lived in Idaho since 1967. Thank you for trying to save 
     our country. As a recently retired public employee, I had 
     dreams of fishing and/or golfing a couple of times a week. 
     Those simple pleasures used to be limited to available time, 
     and not by how much it cost to get there. Now that I have the 
     time to do those things, I have to consider the additional 
     costs fuel has made in getting to those destinations and 
     limit myself to once a week or a couple times a month. This 
     not only dampens the hopes I had for my retirement years, but 
     affects those that would have provided other services to me 
     along the way. Those people that would have sold me ice, 
     lunch, beverages, clothing, equipment, etc. are all losing 
     out on my ability to travel.
       We live 30 miles from the nearest `large' retail area and 
     have begun to delay trips to the city; combining our shopping 
     needs into one visit rather than three. And, as would be 
     expected, we find all of our required purchases have 
     increased in cost because high fuel prices caused increased 
     shipping expense for the retailer. The presumption that the 
     average person sees $50 more a month increase on fuel is only 
     a drop in the bucket to the true impact to ones' retirement 
     budget. So we tend to stay home, contemplating going back to 
     work. On the positive side, my yard sure looks great because 
     I have so much time to dedicate to it!
     David, Kendrick.
                                  ____

       Gas prices are affecting us at home our level pay electric 
     went from $62/month to $87/month and no increase in electric 
     use. We have to drive to Boise from New Plymouth once a month 
     because my husband has Traumatic Brain Injury and requires 
     once a week therapy. The 100% disable pay from the VA that my 
     husband is on is a fixed income; the travel money is not 
     enough to pay for the round trip to Boise along with he does 
     not get the full amount of travel pay for the 3 or 4 visits.
       He cannot drive himself so I take a half-day to full day 
     off work to drive him and to be a part of his appointments 
     because he is not able to remember what was said by the 
     therapist or the doctors. So our income is hurt with me 
     missing work.
       Our food budgets support one child full time, another child 
     half the time along with their friends (it is better to open 
     our home to friends to know what they are doing and support 
     them). Not that we have a lot of children coming and going.
       Luckily my job is here in town, Internet Truckstop, so I 
     can walk most days to work, which I have been doing for many 
     years.
       I can only imagine what people are going through with 
     smaller incomes. The food prices here in town are 
     considerably higher compared to driving to Ontario, Oregon, 
     or Payette, Idaho. It is still worth grocery shopping across 
     the river if you are already going to be there. Payette 
     County does not have a lot of service-related businesses so 
     there are many times we have to go into Ontario to meet our 
     needs as county residents.
     Jeannette.
                                  ____

       Thanks for the opportunity. We own a small residential 
     building company in Boise with a small fleet of pickups. As 
     you know the home market is weak at best and this one more 
     item, higher gas prices, does not help. But in the end, it is 
     the consumer that will pay for my increased cost just as I 
     will pay the increase when any corporation or other entity 
     above me gets a tax increase. We need to drill now, anywhere 
     and everywhere we can and rely on our own resources.
     Steven.
                                  ____

       I fully agree with this excerpt from your email letter:
       ``Congress should not be sitting on the sidelines while 
     Idahoans are paying the price at the pump, and I hope 
     together we can spur some real action on this issue.''
       Unfortunately, this is exactly what it seems that Congress 
     is doing. As long as the United States' economy is petroleum-
     based, we will experience increasingly higher fuel costs. 
     Regardless of how many barrels of oil are pumped globally, 
     the refining capacity of this country is at max capacity, or 
     so we are led to believe, therefore gas and diesel prices 
     will continue to remain high. This reality will not change 
     regardless of coastal or Alaskan exploration. The only 
     solution to our situation would seem to be increasing our 
     ability to run our economy on alternative fuels i.e. nuclear, 
     hydro, solar etc. To that end, it would seem that the nation 
     which set a bipartisan goal of putting a man on the moon 
     within a decade--and succeeded, would

[[Page 3349]]

     be able to set a goal of weaning our nation's economy from 
     petroleum within a reasonable period of time. However, given 
     the extreme bipartisanship nature of our Congress and the 
     influence of legacy lobbyists on legislation, I do not see 
     that happening.
     Fred, Boise.
                                  ____

       Thank you for providing this forum to learn and receive 
     feedback as to how the outrageous fuel price increases are 
     adversely affecting us personally. Sadly, with all of the 
     feedback that you have received, there is no ``quick fix'' or 
     immediate resolution to this issue, unless of course, the 
     major oil producers and suppliers wish to ``pay it forward'' 
     by reducing the price of unleaded regular and diesel by 50%.
       My fuel costs, like everyone else's, have doubled since 
     2005. We are making every effort to reduce our costs by 
     driving less, even with two diesel powered vehicles. Boise 
     lacks viable and practical public transportation that would 
     further help reduce everyone's costs, so we all continue to 
     struggle with these outrageous price increases.
       Here are some facts for you, to illustrate these price 
     increases:
       On July 4, 2005, the price of diesel was $2.43 per gallon. 
     Today, the price is $4.75 per gallon, nearly double in three 
     years!
       On January 31, 2008, the diesel price hit $3.24 per gallon, 
     and on May 23, 2008, the diesel price hit $4.55 per gallon. 
     Major oil company stations are now selling diesel in excess 
     of $4.89 per gallon, over 200% increase in three years.
       Since January 31, 2008, diesel prices have increased 67%.
       In the meantime, as a new and recent retiree now living on 
     Social Security, my benefits increased $50 per month from 
     2007 to 2008, hardly enough to offset these constant rising 
     prices. Tack on the recent increases for Idaho Power (25%), 
     Intermountain Gas (10%), and food costs, senior citizens on 
     fixed incomes are juggling to keep pace, and still pay for 
     their necessary medicines.
       The major oil companies have all boasted significant 
     profits ranging from $5 billion to $10 billion per fiscal 
     quarter, and some executives have testified that they are 
     paid in excess of $10 million annually. The oil companies 
     have also indicated that profits to shareholders have jumped 
     a whopping 40 cents per share. It is very easy to see that 
     the oil companies, their executives, and the shareholders are 
     becoming very wealthy at the expense of the American 
     consumer. That is simply not right, nor is it fair!! The 
     major oil companies are also exporting large quantities of 
     diesel fuel to European and Asian markets, which have much 
     larger price increases driving their markets.
       The oil companies, like any other business, needs to focus 
     on providing a quality product, at a fair and reasonable 
     price, to all consumers. Rather, the oil companies are 
     rapidly increasing their profits, holding back on product 
     delivery, speculating on oil futures to further drive up 
     prices, and the American consumer is getting victimized daily 
     by the oil companies actions.
       Sadly, there is no immediate fix for this problem! Any new 
     drilling will fail to drive down prices for at least five 
     years. New and more efficient vehicles will be expensive such 
     that many Americans will be unable to afford them. (A $45,000 
     hybrid vehicle would cost consumers over $600 per month in 
     payments and interest.) Production of biodiesel and ethanol 
     is counterproductive if the cost per gallon of these products 
     exceeds the current gas and diesel prices. Consumers clearly 
     need gas and diesel costs lowered.
       Yet we (America) are spending $150 billion a year on a war 
     in Iraq that has no perceived outcome and that has not 
     positively influenced oil price reductions! NASA is sending a 
     space craft to Mars to investigate planets on which we could 
     never reside or survive! In the last five years, NASA space 
     craft failures have cost American consumers at least $165 
     million per failure. We simply do not have that luxury to 
     waste money! Cut NASA's budget in half and give that money 
     back to consumers! Stop the war and bring our troops home 
     safely, and give that money back to American consumers! Stop 
     pork barrel spending and give that money back to consumers! 
     We in Idaho do not need to help finance projects in other 
     state's Congressional districts where we fail to realize any 
     benefit, except for loss of revenue.
       Congress's job is to provide for the American people, not 
     special interests, and operate the government's business 
     successfully, providing any profits to the American consumer. 
     That is not happening.
       The business of running the federal government is a 
     business, and Congress and the President has failed miserably 
     to provide for the American consumer. With the trillions of 
     dollars racked up in Congressional debt, America could soon 
     be bankrupt. That would be a hard lesson in reality. The gas 
     and diesel fuel crisis is a significant indicator of a 
     failing economy. I will be watching to see what Congress can 
     do. Thanks again for allowing this forum.
     Jack, Boise.
                                  ____

       We should start drilling in ANWR and off our coasts. We 
     have shale in several states that we are not allowed to 
     access; we should open this up, too.
       One of our sons just driving to work and back is paying $8 
     a day for gas, and he drives a midsize Honda. Another son 
     drives a Subaru and he is paying $150 a month for gas, just 
     getting to work. Another son drives a semi-truck and cannot 
     take care of his family of eleven, with the cost of fuel 
     being so high. All of these sons are not in high paying jobs, 
     so it is affecting what they can pay for housing, food and 
     other costs. They are all hard-working and do not accept 
     government assistance; they want to stay free of government 
     help.
       Please consider drilling, we have oil here, why cannot we 
     use it? We feel that as soon as we start drilling the price 
     of oil will go down because of the threat of competition. 
     Thank you for asking for our input; we have sent your message 
     to other people also.
     Frank and Jo Etta.
                                  ____

       I would love to share with you the impact that higher gas 
     prices has had on our family. In the past two years, I have 
     suffered horribly with a condition called psoriatic 
     arthritis. It has had some very disabling qualities about it. 
     We have always been a very close family and have followed our 
     children literally around the country with their athletics. 
     My husband and I live in a small rural area of SE Idaho, and 
     our children and grandchildren love to come and visit. With 
     my health problems in the past several years, I am not able 
     to travel and get around like I once did, so our children 
     have been the ones to load up the grandkids and come to 
     Grandma and Grandpa's house. With the rising gas prices, my 
     children are now unable to come up as often, which is tearing 
     me to pieces. I have even offered to help pay for their gas, 
     but with our limited income, and their wonderful sense of 
     pride, they do not want to accept it. There are very few 
     areas they have to cut back from, while trying to raise young 
     families, in order to come up with the extra money to get 
     here on a regular basis. To us, there is nothing more 
     important than family, and our family has been greatly 
     affected by the high costs of gas/fuel.
       I would love to see us move forward and stop having to rely 
     on other countries (and playing games with the devil to do 
     it) and start utilizing our own resources. That has always 
     been one of the greatest things about our country is our 
     self-reliance and willingness to help others. In order to 
     help others, we must be able to help ourselves and put 
     ourselves in a position to where we do not have to beg, 
     borrow, or steal from other countries when we have the 
     resources here to take care of our needs. I would urge 
     Congress to get on board and start utilizing our resources to 
     save our country. It is only a matter of time before we start 
     having major trucking strikes--can you imagine where we will 
     be if this takes place?
       Then we do not have to just worry about where we are going 
     to get the money for fuel, but how we are going to eat and 
     survive. Businesses will soon start folding under the extra 
     heavy burden for fuel and gas prices. It really paints an 
     ugly picture of where we might be a year from now.
       We will be watching this issue very closely and the 
     candidates we select had better have this vision in mind if 
     you are going to earn our vote.
     Patti, Montpelier.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                       REMEMBERING DON ALEXANDER

 Mr. BINGAMAN. Madam President, it was with sadness that I 
learned of the death of Don Alexander. I was honored and fortunate to 
get to know him in the later stages of his distinguished career when I 
joined the Finance Committee. His advice and guidance on a variety of 
matters, but particularly on issues involving the Internal Revenue 
Service, were invaluable to my staff and me. With Don, you knew he was 
always going to bring to bear the wisdom acquired over years of service 
to his country, and the taxpayers, and do so with the enthusiasm and 
energy of a person half his age.
  Throughout his career, Don always stepped forward to answer his 
country's call to duty. He took his integrity, thoughtfulness, and 
decency to the battlefields in World War II, and to the Internal 
Revenue Service where he was Commissioner during some of its most 
troubling times. Don confronted all challenges with confidence and 
determination, never wavering from his principals or strong sense of 
fairness.
  At a time when our President is calling for all Americans to consider 
the importance and the need for government service, we need look no 
farther for a role model than former Commissioner Alexander. I honor 
him for his service to our country and all that he did to make us a 
stronger Nation.

                          ____________________




                        TRIBUTE TO MARTHA BRYANT

 Mr. ISAKSON. Madam President, I wish to honor in the Record of 
the

[[Page 3350]]

Senate Martha Bryant, a true leader and an excellent businesswoman, for 
her many years of service to her community.
  Martha has a long history of service to the communities she has 
called home. Born in Waycross, GA, the daughter of Arloa Gerald Morgan 
Wood and Joseph Cepheus Wood, she returned to her hometown after 
college to teach high school English for 3 years. Following that, she 
was certified as a professional YMCA director and served as program 
director for the State YMCA of Georgia from 1959 through 1962.
  The citizens of Rome, GA, were lucky that Martha came to their town 
to serve as the program director of the YMCA of Rome/Floyd County in 
1962. During her years in Rome, Martha served two terms on the board of 
the United Way as well as numerous terms on the Administrative Board of 
First Methodist Church, including as chair for 2 years. She also taught 
the Adult Sunday School class for 35 years, served 2 terms on the 
Alcohol Control Commission for the city of Rome, and was a part of the 
organizational committee that brought Georgia Highlands College to 
Rome.
  Despite her volunteer schedule, she also found time to begin a 
brandnew business in 1972, Bryant and Garrett Travel, which she 
nurtured to its current status as a thriving, respected company. While 
she has just sold the business and retired from full-time service in 
2009, I know Romans will still think of her first when they start to 
plan their family vacations.
  Martha also is heavily involved with the Greater Rome Chamber of 
Commerce and has served in many leadership positions there over the 
years, including the chair of the Small Business Action Council. She is 
a graduate of Leadership Rome and became the first woman to serve as 
chair of the chamber in 1993. She continues to serve on the 
Governmental Affairs Committee and organizes the chamber's official 
visit to Washington, DC, each spring.
  I hope Martha knows just what her leadership has meant to the many 
organizations she has touched and that she is able to enjoy a little 
more time with her grandkids and her beloved dachshunds at 
home.

                          ____________________




                    TRIBUTE TO MAJOR SHELIA FLOWERS

 Mr. ISAKSON. Madam President, I wish today to honor in the 
Record of the Senate MAJ Shelia Flowers of the U.S. Army Reserve on the 
eve of her promotion to the rank of lieutenant colonel.
  Although Major Flowers was born and raised in North Carolina, her 
dedication to her country has ultimately lead her to call the State of 
Georgia her home as her parent command is the U.S. Army Reserve Command 
Headquarters in Ft. McPherson, GA.
  Major Flowers was mobilized in support of Operation Noble Eagle in 
2003 and has spent the last 6 years on Active Duty. In addition to her 
other tours, Major Flowers deployed in support of Operation Iraqi 
Freedom in 2006. Throughout her Active Duty period, she has served in 
the G-1 Directorate in support of Operation Noble Eagle. Additionally, 
Major Flowers was assigned to directly support Operation Enduring 
Freedom in November 2007.
  In keeping with one of the tenets that sustains the Reserve 
Component, Major Flowers is dedicated to improving her community and 
the primary means through which she achieves this goal is by her 
membership in the Alpha Kappa Alpha Sorority, an organization that 
recently celebrated the 100th anniversary of its establishment.
  In addition to her service to her country and community, Major 
Flowers is dedicated to her family. Her husband, LTC Eric Flowers, 
shares his wife's sense of duty and is currently deployed to the Horn 
of Africa. Their daughter, Cheyenne, currently resides in Atlanta.
  I congratulate MAJ Shelia Flowers for her hard work and much-deserved 
promotion to lieutenant colonel, and I extend to her my sincere 
gratitude for her dedication to the defense of our Nation.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mrs. Neiman, one of his secretaries.

                          ____________________




                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting a 
withdrawal and sundry nominations which were referred to the 
appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




                        MESSAGES FROM THE HOUSE

                                 ______
                                 

                          ENROLLED BILL SIGNED

  At 4:49 p.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that the Speaker has 
signed the following enrolled bill:

       S. 352. An act to postpone the DTV transition date.

  The enrolled bill was subsequently signed by the President pro 
tempore (Mr. Byrd).

                          ____________________




                        ENROLLED BILL PRESENTED

  The Secretary of the Senate reported that on today, February 9, 2009, 
she had presented to the President of the United States the following 
enrolled bill:

       S. 352. An act to postpone the DTV transition date.

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. SCHUMER (for himself and Mr. Crapo):
       S. 394. A bill to amend the Internal Revenue Code of 1986 
     to provide the same capital gains treatment for art and 
     collectibles as for other investment property and to provide 
     that a deduction equal to fair market value shall be allowed 
     for charitable contributions of literacy, musical, artistic, 
     or scholarly compositions created by the donor; to the 
     Committee on Finance.
           By Mrs. FEINSTEIN (for herself, Mr. Alexander, Mr. 
             Bennett, Mr. Cochran, Mr. Kennedy, and Mr. Schumer):
       S. 395. A bill to direct the Librarian of Congress and the 
     Secretary of the Smithsonian Institution to carry out a joint 
     project at the Library of Congress and the National Museum of 
     African American History and Culture to collect video and 
     audio recording of personal histories and testimonials of 
     individuals who participated in the Civil Rights movement, 
     and for other purposes; to the Committee on Rules and 
     Administration.
           By Mr. LEVIN:
       S. 396. A bill for the relief of Marcos Antonio Sanchez-
     Diaz; to the Committee on the Judiciary.
           By Mr. LEVIN:
       S. 397. A bill for the relief of Anton Dodaj, Gjyljana 
     Dodaj, Franc Dodaj, and Kristjan Dodaj; to the Committee on 
     the Judiciary.
           By Mr. CRAPO:
       S. 398. A bill to permit commercial vehicles at weights up 
     to 129,000 pounds to use certain highways of the Interstate 
     System in the State of Idaho which would provide significant 
     savings in the transportation of goods throughout the United 
     States, and for other purposes; to the Committee on 
     Environment and Public Works.
           By Mr. TESTER:
       S. 399. A bill to amend the Truth in Lending Act to 
     prohibit universal defaults on credit card accounts, and for 
     other purposes; to the Committee on Banking, Housing, and 
     Urban Affairs.
           By Mr. SANDERS (for himself, Mr. Brown, and Mr. 
             Begich):
       S. 400. A bill to expand the authority and responsibilities 
     of the Oversight Panel of the Troubled Asset Relief Program, 
     and for other purposes; to the Committee on Banking, Housing, 
     and Urban Affairs.
           By Mr. HARKIN (for himself and Mr. Kohl):
       S. 401. A bill to amend the Employee Retirement Income 
     Security Act of 1974 to provide special reporting and 
     disclosure rules for individual accounts plans and for other 
     purposes; to the Committee on Health, Education, Labor, and 
     Pensions.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 21

  At the request of Mr. Reid, the name of the Senator from Vermont (Mr.

[[Page 3351]]

Sanders) was added as a cosponsor of S. 21, a bill to reduce unintended 
pregnancy, reduce abortions, and improve access to women's health care.


                                 S. 144

  At the request of Mr. Kerry, the name of the Senator from Utah (Mr. 
Bennett) was added as a cosponsor of S. 144, a bill to amend the 
Internal Revenue Code of 1986 to remove cell phones from listed 
property under section 280F.


                                 S. 163

  At the request of Mr. Ensign, the name of the Senator from Louisiana 
(Mr. Vitter) was added as a cosponsor of S. 163, a bill to amend the 
National Child Protection Act of 1993 to establish a permanent 
background check system.


                                 S. 251

  At the request of Mrs. Hutchison, the names of the Senator from 
Louisiana (Mr. Vitter), the Senator from Mississippi (Mr. Wicker) and 
the Senator from South Dakota (Mr. Thune) were added as cosponsors of 
S. 251, a bill to amend the Communications Act of 1934 to permit 
targeted interference with mobile radio services within prison 
facilities.


                                 S. 348

  At the request of Mr. Rockefeller, the name of the Senator from 
Alaska (Mr. Begich) was added as a cosponsor of S. 348, a bill to amend 
section 254 of the Communications Act of 1934 to provide that funds 
received as universal service contributions and the universal service 
support programs established pursuant to that section are not subject 
to certain provisions of title 31, United States Code, commonly known 
as the Antideficiency Act.


                                 S. 356

  At the request of Mrs. Boxer, the name of the Senator from Wisconsin 
(Mr. Feingold) was added as a cosponsor of S. 356, a bill to amend the 
Bank Holding Company Act of 1956 and the Revised Statutes of the United 
States to prohibit financial holding companies and national banks from 
engaging, directly or indirectly, in real estate brokerage or real 
estate management activities, and for other purposes.


                                 S. 371

  At the request of Mr. Thune, the names of the Senator from South 
Carolina (Mr. Graham), the Senator from Utah (Mr. Bennett), the Senator 
from Kansas (Mr. Roberts), the Senator from Georgia (Mr. Isakson), the 
Senator from Mississippi (Mr. Wicker) and the Senator from Utah (Mr. 
Hatch) were added as cosponsors of S. 371, a bill to amend chapter 44 
of title 18, United States Code, to allow citizens who have concealed 
carry permits from the State in which they reside to carry concealed 
firearms in another State that grants concealed carry permits, if the 
individual complies with the laws of the State.


                                 S. 379

  At the request of Mr. Leahy, the name of the Senator from Tennessee 
(Mr. Alexander) was added as a cosponsor of S. 379, a bill to provide 
fair compensation to artists for use of their sound recordings.


                                 S. 385

  At the request of Mr. Akaka, the name of the Senator from Wisconsin 
(Mr. Feingold) was added as a cosponsor of S. 385, a bill to reaffirm 
and clarify the authority of the Comptroller General to audit and 
evaluate the programs, activities, and financial transactions of the 
intelligence community, and for other purposes.


                           AMENDMENT NO. 313

  At the request of Mr. Leahy, the name of the Senator from Delaware 
(Mr. Kaufman) was added as a cosponsor of amendment No. 313 intended to 
be proposed to H.R. 1, a bill making supplemental appropriations for 
job preservation and creation, infrastructure investment, energy 
efficiency and science, assistance to the unemployed, and State and 
local fiscal stabilization, for fiscal year ending September 30, 2009, 
and for other purposes.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself, Mr. Alexander, Mr. Bennett, Mr. 
        Cochran, Mr. Kennedy, and Mr. Schumer):
  S. 395. A bill to direct the Librarian of Congress and the Secretary 
of the Smithsonian Institution to carry out a joint project at the 
Library of Congress and the National Museum of African American History 
and Culture to collect video and audio recording of personal histories 
and testimonials of individuals who participated in the Civil Rights 
movement, and for other purposes; to the Committee on Rules and 
Administration.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Civil Rights 
History Project Act of 2009.
  This is a bill that is very important to me and to many other Members 
of Congress. It would authorize the Library of Congress and the 
Smithsonian to record and preserve an oral history of the Civil Rights 
Movement.
  The bill is cosponsored by Senators Alexander, Bennett, Cochran, 
Kennedy, and Schumer. In the 110th Congress, then-Senator Clinton 
introduced it, and I want to thank Secretary Clinton very much for her 
work on behalf of the bill.
  Last month, the United States celebrated the inauguration of our 
first African-American President. It was a historic event, and it was 
one more example that we, the American people, can live up to our 
highest ideals and aspirations. Although there is much left to be done, 
critical progress has been made.
  As we reflect on this historical moment, it is important for us to 
remember that it did not happen all at once. As Senator Robert Kennedy 
once said, ``It is from numberless diverse acts of courage and belief 
that human history is shaped.''
  Our society today would not be possible without the extraordinary 
people who dedicated themselves to the Civil Rights Movement.
  Whether on a bus in Montgomery, at a lunch counter in Greensboro, in 
a high school in Little Rock, or on a bridge in Selma, these courageous 
individuals risked their lives to bring real and necessary change to 
our country.
  The bill I am introducing today would help to ensure that we never 
forget their stories.
  The bill would direct the Library of Congress and the Smithsonian's 
National Museum of African American History to record--in audio and 
video--firsthand stories from the Civil Rights Movement. Like the 
Veterans History Project started by the Library of Congress in 2000, 
these recordings would document the memories of Civil Rights pioneers 
for generations to come. Students would be able to hear the stories in 
their own voices, and historians would have primary sources on which to 
draw for research.
  We need to start recording this history as soon as possible. In the 
last three years alone, we have lost Civil Rights leaders like Rosa 
Parks and Coretta Scott King--whose contributions would have been 
invaluable.
  The Congressional Budget Office has estimated that the cost of the 
project be a maximum of approximately $4 million over 5 years, and that 
much of this cost will be offset by private donations. Even at its 
maximum cost, the project will be well worth it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There beinig no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 395

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Civil Rights History Project 
     Act of 2009''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds as follows:
       (1) A fundamental principle of American democracy is that 
     individuals should stand up for their rights and beliefs and 
     fight for justice.
       (2) The actions of those who participated in the Civil 
     Rights movement from the 1950s through the 1960s are a 
     shining example of this principle in action, demonstrated in 
     events as varied as the Montgomery Bus Boycott, the sit-ins, 
     the Freedom Rides, the March on Washington, the drive for 
     voting rights in Mississippi, and the March to Selma.
       (3) While the Civil Rights movement had many visible 
     leaders, including Thurgood

[[Page 3352]]

     Marshall, Dr. Martin Luther King, Jr., and Rosa Parks, there 
     were many others whose impact and experience were just as 
     important to the cause but who are not as well known.
       (4) The participants in the Civil Rights movement possess 
     an invaluable resource in their first-hand memories of the 
     movement, and the recording of the retelling of their stories 
     and memories will provide a rich, detailed history of our 
     Nation during an important and tumultuous period.
       (5) It is in the Nation's interest to undertake a project 
     to collect oral histories of individuals from the Civil 
     Rights movement so future generations will be able to learn 
     of their struggle and sacrifice through primary-source, 
     eyewitness material. A coordinated Federal project would also 
     focus attention on the efforts undertaken by various public 
     and private entities to collect and interpret articles in all 
     formats relating to the Civil Rights movement, and serve as a 
     model for future projects undertaken in museums, libraries, 
     and universities throughout the Nation.
       (6) The Library of Congress and the Smithsonian Institution 
     are appropriate repositories to collect, preserve, and make 
     available to the public a collection of these oral histories. 
     The Library and Smithsonian have expertise in the management 
     of documentation projects, and experience in the development 
     of cultural and educational programs for the public.
       (b) Purpose.--It is the purpose of this Act to create a new 
     federally sponsored, authorized, and funded project that will 
     coordinate at a national level the collection of video and 
     audio recordings of personal histories and testimonials of 
     individuals who participated in the American Civil Rights 
     movement that will build upon and complement previous and 
     ongoing documentary work on this subject, and to assist and 
     encourage local efforts to preserve the memories of such 
     individuals so that Americans of all current and future 
     generations may hear from them directly and better appreciate 
     the sacrifices they made.

     SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT LIBRARY OF CONGRESS 
                   AND NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY 
                   AND CULTURE TO COLLECT VIDEO AND AUDIO 
                   RECORDINGS OF HISTORIES OF PARTICIPANTS IN 
                   AMERICAN CIVIL RIGHTS MOVEMENT.

       (a) Establishment of Project.--
       (1) In general.--Within the limits of available funds, the 
     Librarian of Congress (referred to in this Act as the 
     ``Librarian'') and the Secretary of the Smithsonian 
     Institution (referred to in this Act as the ``Secretary)'', 
     acting jointly, shall establish an oral history project--
       (A) to survey, during the initial phase of the project, 
     collections of audio and video recordings of the 
     reminiscences of participants in the Civil Rights movement 
     that are housed in archives, libraries, museums, and other 
     educational institutions, as well as ongoing documentary 
     work, in order to augment and complement these endeavors and 
     avoid duplication of effort;
       (B) to solicit, reproduce, and collect--
       (i) video and audio recordings of personal histories and 
     testimonials of individuals who participated in the Civil 
     Rights movement, and
       (ii) visual and written materials (such as letters, 
     diaries, photographs, and ephemera) relevant to the personal 
     histories of individuals;
       (C) to create a collection of the recordings and other 
     materials obtained, and to catalog and index the collection 
     in a manner the Librarian and the Secretary consider 
     appropriate; and
       (D) to make the collection available for public use through 
     the Library of Congress and the National Museum of African 
     American History and Culture, as well as through such other 
     methods as the Librarian and the Secretary consider 
     appropriate.
       (2) Role of director of museum.--The Secretary shall carry 
     out the Secretary's duties under this Act through the 
     Director of the National Museum of African American History 
     and Culture.
       (b) Use of and Consultation With Other Entities.--The 
     Librarian and the Secretary may carry out the activities 
     described in subsection (a)(1) through agreements and 
     partnerships entered into with other government and private 
     entities, and may otherwise consult with interested persons 
     (within the limits of available resources) and develop 
     appropriate guidelines and arrangements for soliciting, 
     acquiring, and making available recordings under the project 
     under this Act.
       (c) Services of Experts and Consultants; Acceptance of 
     Volunteer Services; Advance Payments.--In carrying out 
     activities described in subsection (a)(1), the Librarian and 
     the Secretary may--
       (1) procure temporary and intermittent services under 
     section 3109 of title 5, United States Code;
       (2) accept and utilize the services of volunteers and other 
     uncompensated personnel and reimburse them for travel 
     expenses, including per diem, as authorized under section 
     5703 of title 5, United States Code; and
       (3) make advances of money and payments in advance in 
     accordance with section 3324 of title 31, United States Code.
       (d) Timing.--As soon as practicable after the date of 
     enactment of this Act, the Librarian and the Secretary shall 
     begin collecting video and audio recordings and other 
     materials under subsection (a)(1), and shall attempt to 
     collect the first such recordings from the oldest individuals 
     involved.
       (e) Definition.--In this Act, the term ``Civil Rights 
     movement'' means the movement to secure racial equality in 
     the United States for African Americans that, focusing on the 
     period 1954 through 1968, challenged the practice of racial 
     segregation in the Nation and achieved equal rights 
     legislation for all American citizens.

     SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS HISTORY PROJECT.

       (a) Encouraging Solicitation and Acceptance of Donations.--
     The Librarian and the Secretary are encouraged to solicit and 
     accept donations of funds and in-kind contributions to 
     support activities under section 3.
       (b) Dedication of Funds Provided to Library of Congress.--
     Notwithstanding any other provision of law--
       (1) any funds donated to the Librarian to support the 
     activities of the Librarian under section 3 shall be 
     deposited entirely into an account established for such 
     purpose;
       (2) the funds contained in such account shall be used 
     solely to support such activities; and
       (3) the Librarian may not deposit into such account any 
     funds donated to the Librarian that are not donated for the 
     exclusive purpose of supporting such activities.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act--
       (1) $500,000 for fiscal year 2010; and
       (2) such sums as may be necessary for each of the fiscal 
     years 2011 through 2014.

                          ____________________




                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 571. Mr. SESSIONS submitted an amendment intended to be 
     proposed to amendment SA 570 proposed by Mr. Reid (for Ms. 
     Collins (for herself and Mr. Nelson of Nebraska)) to the bill 
     H.R. 1, making supplemental appropriations for job 
     preservation and creation, infrastructure investment, energy 
     efficiency and science, assistance to the unemployed, and 
     State and local fiscal stabilization, for fiscal year ending 
     September 30, 2009, and for other purposes; which was ordered 
     to lie on the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 571. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 570 proposed by Mr. Reid (for Ms. Collins (for herself 
and Mr. Nelson of Nebraska)) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of division A, add the following:

                    TITLE XVII--IMMIGRATION MATTERS

     SEC. 1701. EXTENSION OF PILOT PROGRAMS FOR EMPLOYMENT 
                   ELIGIBILITY CONFIRMATION.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) is amended by striking 
     ``11-year period'' and inserting ``16-year period''.

     SEC. 1702. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS RELATED TO PILOT PROGRAMS FOR 
                   EMPLOYMENT ELIGIBILITY CONFIRMATION.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress defined.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations, the Committee on 
     Finance, and the Committee on the Judiciary of the Senate; 
     and
       (B) the Committee on Appropriations, the Committee on the 
     Judiciary, and the Committee on Ways and Means of the House 
     of Representatives.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Social Security.
       (3) Pilot program.--The term ``pilot program'' means the 
     pilot program carried out under section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Funding Under Agreement.--For each fiscal year after 
     fiscal year 2008, the Commissioner and the Secretary shall 
     enter into an agreement that--
       (1) provides funds to the Commissioner for the full costs 
     of carrying out the responsibilities of the Commissioner 
     under the pilot program, including the costs of--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems to carry out such responsibilities, but 
     only the portion of such costs that are attributable 
     exclusively to such responsibilities; and

[[Page 3353]]

       (B) responding to individuals who contest tentative 
     nonconfirmations provided by the confirmation system 
     established pursuant to the pilot program;
       (2) provides such funds to the Commissioner quarterly, in 
     advance of the applicable quarter, based on estimating 
     methodology agreed to by the Commissioner and the Secretary; 
     and
       (3) requires an annual accounting and reconciliation of the 
     actual costs incurred by the Commissioner to carry out such 
     responsibilities and the funds provided under the agreement 
     that shall be reviewed by the Office of the Inspector General 
     in the Social Security Administration and in the Department 
     of Homeland Security.
       (c) Continuation of Employment Verification in Absence of 
     Timely Agreement.--
       (1) Continuation of previous agreement.--
       (A) In general.--Subject to subparagraph (B), if the 
     agreement required under subsection (b) for a fiscal year is 
     not reached as of the first day of such fiscal year, the most 
     recent previous agreement between the Commissioner and the 
     Secretary to provide funds to the Commissioner for carrying 
     out the responsibilities of the Commissioner under the pilot 
     program shall be deemed to remain in effect until the date 
     that the agreement required under subsection (b) for such 
     fiscal year becomes effective.
       (B) Annual adjustment.--If the most recent previous 
     agreement is deemed to remain in effect for a fiscal year 
     under subparagraph (A), the Director of the Office of 
     Management and Budget is authorized to modify the amount 
     provided under such agreement for such fiscal year to account 
     for--
       (i) inflation; or
       (ii) any increase or decrease in the number of individuals 
     who require services from the Commissioner under the pilot 
     program.
       (2) Notification of congress.--If the most recent previous 
     agreement is deemed to remain in effect under paragraph 
     (1)(A) for a fiscal year, the Commissioner and the Secretary 
     shall--
       (A) not later than the first day of such fiscal year, 
     submit to the appropriate committees of Congress a 
     notification of the failure to reach the agreement required 
     under subsection (b) for such fiscal year; and
       (B) once during each 90-day period until the date that the 
     agreement required under subsection (b) has been reached for 
     such fiscal year, submit to the appropriate committees of 
     Congress a notification of the status of negotiations between 
     the Commissioner and the Secretary to reach such an 
     agreement.

     SEC. 1703. STUDY AND REPORT OF ERRONEOUS RESPONSES SENT UNDER 
                   THE PILOT PROGRAM FOR EMPLOYMENT ELIGIBILITY 
                   CONFIRMATION.

       (a) Study.--As soon as practicable after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study of the erroneous tentative 
     nonconfirmations sent to individuals seeking confirmation of 
     employment eligibility under the pilot program established 
     under section 404 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note).
       (b) Matters To Be Studied.--The study required by 
     subsection (a) shall include an analysis of--
       (1) the causes of erroneous tentative nonconfirmations sent 
     to individuals under the pilot program referred to in 
     subsection (a);
       (2) the processes by which such erroneous tentative 
     nonconfirmations are remedied; and
       (3) the effect of such erroneous tentative nonconfirmations 
     on individuals, employers, and agencies and departments of 
     the United States.
       (c) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Finance and the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary and the Committee on Ways and Means of the 
     House of Representatives a report on the results of the study 
     required by this section.

     SEC. 1704. STUDY AND REPORT OF THE EFFECTS OF THE PILOT 
                   PROGRAM FOR EMPLOYMENT ELIGIBILITY CONFIRMATION 
                   ON SMALL ENTITIES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate; and
       (B) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Comptroller general.--The term ``Comptroller General'' 
     means the Comptroller General of the United States.
       (3) Pilot program.--The term ``pilot program'' means the 
     pilot program described in section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note).
       (4) Small entity.--The term ``small entity'' has the 
     meaning given that term in section 601 of title 5, United 
     States Code.
       (b) Study.--As soon as practicable after the date of the 
     enactment of this Act, the Comptroller General shall conduct 
     a study of the effects of the pilot on small entities.
       (c) Matters To Be Studied.--
       (1) In general.--The study required by subsection (b) shall 
     include an analysis of--
       (A) the costs of complying with the pilot program incurred 
     by small entities;
       (B)(i) the description and estimated number of small 
     entities enrolled in and participating in the pilot program; 
     or
       (ii) why no such estimated number is available;
       (C) the projected reporting, recordkeeping, and other 
     compliance requirements of the pilot program that apply to 
     small entities;
       (D) the factors that impact enrollment and participation of 
     small entities in the pilot program, including access to 
     appropriate technology, geography, and entity size and class; 
     and
       (E) the actions, if any, carried out by the Secretary of 
     Homeland Security to minimize the economic impact of 
     participation in the pilot program on small entities.
       (2) Direct and indirect effects.--The study required by 
     subsection (b) shall analyze, and treat separately, with 
     respect to small entities--
       (A) any direct effects of compliance with the pilot 
     program, including effects on wages and time used and fees 
     spent on such compliance; and
       (B) any indirect effects of such compliance, including 
     effects on cash flow, sales, and competitiveness of such 
     compliance.
       (3) Disaggregation by entity size.--The study required by 
     subsection (b) shall analyze separately data with respect 
     to--
       (A) small entities with fewer than 50 employees; and
       (B) small entities that operate in States that require 
     small entities to participate in the pilot program.
       (d) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     study required by subsection (b).

     SEC. 1705. RESTRICTION ON USE OF FUNDS.

       None of the funds made available in this Act may be used to 
     enter into a contract with a person or government entity that 
     does not participate in the pilot program described in 
     section 404 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note).

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. BAUCUS. Madam President, I ask unanimous consent the following 
Finance Committee interns be allowed the privilege of the floor during 
the consideration of the American Recovery and Reinvestment Act: Chris 
Eden, Michael London, and Mai Meneissy.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                 ORDERS FOR TUESDAY, FEBRUARY 10, 2009

  Mr. REID. Madam President, I ask unanimous consent that when the 
Senate completes its business today, it stand adjourned until 10 a.m. 
on Tuesday, February 10; that following the prayer and pledge, the 
Journal of proceedings be approved to date, the morning hour be deemed 
expired, the time for the two leaders be reserved for their use later 
in the day, and the Senate resume consideration of H.R. 1, the American 
Recovery and Reinvestment Act, as provided under the previous order.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. REID. Madam President, under the previous order, votes in 
relation to the Collins-Nelson of Nebraska substitute amendment and 
passage of H.R. 1 will occur at about noon tomorrow. Additional votes 
are possible later in the day in relation to the executive nominations.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to executive session to consider Calendar Nos. 11, 12, and 13; 
that the nominations be confirmed en bloc, and the motions to 
reconsider be laid upon the table en bloc; that no further motions be 
in order; that any statements relating to the nominations be printed in 
the Record; that the President be immediately notified of the Senate's 
action, and the Senate return to legislative session.

[[Page 3354]]

  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                         DEPARTMENT OF DEFENSE

       Michele A. Flournoy, of Maryland, to be Under Secretary of 
     Defense for Policy.
       Robert F. Hale, of Virginia, to be Under Secretary of 
     Defense (Comptroller).
       Jeh Charles Johnson, of New York, to be General Counsel of 
     the Department of Defense.

                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. The Senate will now return to legislative 
session.

                          ____________________




                         ORDER FOR ADJOURNMENT

  Mr. REID. Madam President, unless someone has an objection, I would 
ask that the Senate stand adjourned under the previous order, following 
the remarks of Senator Grassley. Is there anyone who has an 
uncontrollable urge to speak tonight?
  Ms. LANDRIEU. Madam President, reserving the right to object----
  The PRESIDING OFFICER. The Senator from Louisiana.
  Ms. LANDRIEU. Would the majority leader allow me to speak for up to 5 
minutes after Senator Grassley?
  Mr. REID. Yes, that would be appropriate.
  Madam President, following the remarks of Senator Grassley and 
Senator Landrieu, I ask unanimous consent that the Senate stand 
adjourned under the outlined consent that I have submitted.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Iowa.

                          ____________________




                              THE ECONOMY

  Mr. GRASSLEY. Madam President, one of the arguments we have heard in 
support of the proposed $1 trillion stimulus bill is that our economy 
is performing below its potential. It is argued we have a gap between 
what we could produce and what we are producing.
  There is no question our economy is producing less than it could. It 
is quite obvious we are in a recession. But that does not mean a 
massive, temporary increase in Government spending can fill the gap and 
thus restore our economy to its full potential. In fact, the opposite 
is true.
  The proposed $1 trillion increase in Government spending will impede 
recovery and reduce future growth. The Congressional Budget Office--
which I want to remind people listening, as well as my colleagues who 
tend to forget it--is a nonpartisan group of people who are 
professionals in making judgments about Government programs and what 
they cost. The Congressional Budget Office reported last week that the 
stimulus bill will create temporary jobs that cost as much as $300,000 
apiece, and then it will reduce jobs permanently compared to no 
stimulus bill at all.
  Economists often talk about the economy in terms of a circular flow. 
The circle assumes a continuous flow between production and 
consumption. Businesses hire workers who produce goods and earn a 
salary in order to buy the goods they produce. According to this world 
view, whenever production declines, the solution is to increase demand 
and thereby boost production.
  In reality, the economy is not a circle. Production involves a series 
of steps in which raw materials are transformed into intermediate goods 
which are transformed into finished products. This process takes time 
as value is added at every step. That is what production is all about: 
adding steps to the process until you get to a finished product.
  For example, to make bread, we need to grow wheat. To grow wheat, we 
need to work the land. To work the land, we need tractors. To build 
tractors, we need plastic, steel, rubber--and you know all the other 
components. Nearly every step of this process relies on trained 
individuals with unique skills and unique knowledge, people who utilize 
tools and material designed to meet their very specialized needs.
  Given the complex structure of production, an increase in the demand 
for bread cannot instantaneously bring about an increase in the supply 
of all the things needed to produce more bread. Likewise, a reduction 
in the demand for bread cannot instantaneously convert all of the 
people's places and things previously used to produce bread into some 
other productive alternative.
  At a given point in time, our economy is comprised of a specific set 
of goods and services, each with its unique factors of supply and 
demand. When market conditions change--either because of fickle 
consumers or maybe foreign competition or maybe rising oil prices or 
maybe a stock market bubble or a housing bubble, which we all know 
about now--some of the goods and services that existed before the 
change are no longer suitable to meet the market conditions that exist 
after that change. Those are some conditions we are in right now.
  The unemployed workers and idle resources that exist today are 
largely the result of the decline in home prices and the associated 
turmoil in the financial markets. Most everyone in this body knows 
that. I think most people at the grassroots know there were problems 
with housing that brought about our credit crunch and the unemployment 
and recession we have now because our housing market was overleveraged, 
overpriced, and unsustainable, bringing about a great deal of 
unemployment caused by changes in the economy and adjustments to that 
economy going on and not going on in a very likeable way.
  The bursting of the housing bubble has not only affected 
homebuilders, realtors, and mortgage brokers, it has also spilled over 
into other areas of our economy. For example, falling housing prices 
have reduced the ability of many homeowners to finance nonhousing-
related spending through the use of home equity loans.
  As workers become unemployed and resources idle, it is said that our 
economy has fallen below its potential, and we all know that. However, 
that does not mean a massive temporary increase in Government spending 
can fill that gap that we all realize exists and, hence, cannot 
necessarily restore our economy to its full potential because massive 
temporary increases in Government spending does not have that effect. 
Spending for the sake of spending, then, is not a solution.
  Every dollar the Government spends does, in fact, have a cost, 
regardless of whether the dollar comes from taxes, from borrowing or 
through the printing press. When the Government spends money, what does 
it do? It diverts workers and resources from alternative uses. We may 
not think about that, but that is the impact of the Government on the 
free market economy we have. During a recession, when workers are 
unemployed and resources are idle, it is argued that this diversion is 
a good thing. However, the stimulus bill is not restricted just to 
unemployed workers and just to idle resources. Moreover, the stimulus 
bill is supposedly temporary.
  Consider the implications of unrestricted, temporary Government 
spending. I wish to have my colleagues consider those. In one case, 
unemployed workers obtained temporary make-work jobs and, therefore, 
delay their search for meaningful, long-term employment. In the other 
case, employed workers are diverted from their current employment into 
temporary make-work jobs and thereby reduce the output of other goods 
and services. Thus, if you think about temporary make-work jobs, they 
add little or no value to the economy, while diverting employment from 
other jobs, probably other jobs that are very long term and productive. 
As a result, the money paid to these workers increases the demand for 
goods and services while reducing the supply. We know what results 
then: more inflation and less growth.
  The only way the Government can increase economic growth is by 
spending other people's money more efficiently than those individuals 
would. But instead of arguing the Government can spend money better 
than everyone else, the supporters of the stimulus bill

[[Page 3355]]

are relying on the argument that Government can spend money faster than 
everyone else can. As President Obama said last week in Williamsburg, 
VA:

       So then you get the argument, ``Well, this is not a 
     stimulus bill, this is a spending bill.'' What do you think 
     stimulus is? That is the whole point.

  However, that is not the whole point. What matters is whether we are 
producing goods and services that people want to buy or whether the 
Government is paying people to engage in activities that have less 
value than the private sector alternatives.
  Let me be clear. Not all Government spending is wasteful and 
unnecessary. Government spending designed to meet a critical need can 
be beneficial, and we can list a lot of things the Government does that 
are beneficial but not necessarily the things that are in this stimulus 
bill or at least not all of them. We could go to building the 
interstate highway system, for example. It increased our ability to 
travel and transport goods across the Nation. However, the economic 
benefit is derived from the transportation services that result from 
the interstate highway system and not from the jobs that created the 
interstate highway system.
  If the goal of infrastructure spending is jobs, then why not give 
everyone a shovel or a spoon or even build roads by our hands. We could 
create millions of jobs. Now, no one has proposed that--at least not 
yet--but the point ought to be very clear. When Government spends money 
in order to create as many jobs as possible, as fast as possible, we 
end up with Government boondoggles instead of sound economic policy.
  As an aside, I would point out that repairing our existing 
infrastructure is a necessary expense; however, such activity causes 
increased traffic congestion and delays. The loss in productivity and 
output due to increased travel time and fuel consumption is an 
unavoidable cost of maintaining an existing benefit, which the 
interstate highway is or which all our highways and streets and roads 
are. There may be a cost-benefit analysis that shows we would benefit 
from spending more to build and maintain our infrastructure; however, 
this analysis would also show that cost is ongoing over a long period 
of time.
  I ask unanimous consent for 1 more minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. We should not waste valuable resources on needless, 
temporary projects, nor should we fool ourselves into believing that 
truly useful projects can be funded on a temporary basis. Any 
worthwhile investment will involve an ongoing expense.
  Those who claim all the spending in the stimulus bill will be 
temporary are essentially admitting it will have no lasting value. 
Alternatively, those who claim it will have a long-term benefit are 
essentially admitting the spending will not be temporary. Clearly, both 
these claims cannot be true. Contrary to what some people might have us 
believe, a massive increase in Government spending for the purposes of 
creating temporary make-work jobs is not a sound economic recovery 
plan.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Warner). The Senator from Louisiana is 
recognized.

                          ____________________




                             SMALL BUSINESS

  Ms. LANDRIEU. Mr. President, I have a great deal of respect for the 
Senator from Iowa. He has served with such distinction in this body. 
However, I have to rise to say that while he is sincere in his opinion, 
I am very proud that 61 Senators cast a vote for the opposite view; 
that view being that the failed policies of the past were just that, 
failed, and have left America wanting.
  We have a very serious economic crisis that is not going to be solved 
by the same old tired, failed, bankrupt policies as part of what the 
Senator expressed continues to want to carry out--policies that give 
untargeted tax cuts to those at the top of the tax bracket and hope and 
pray that it trickles down to everyone else; policies that empower the 
individual at the expense of the collective effort, and other policies 
that have left this country wanting. That is why 61 Senators came to 
the floor of the Senate and rejected those old notions and set a new 
course. Our President, with his election and now his leadership since 
that election, is leading us to adopt new strategies; a collective 
energy, recognizing that individuals alone cannot, no matter how 
individually empowered, build the highways and infrastructure necessary 
or transform the economy in a new way that can be invigorating and 
hopeful to the American people who are in desperate need of a new 
course.
  So I wished to come to the floor, though, to briefly speak about some 
of the things that are in the underlying bill we voted on to invoke 
cloture that have to do with small business: expanding it, highlighting 
it, focusing on small business. Before I do that with my colleague, 
Senator Snowe, my good friend from Maine, let me also mention it is my 
hope, as this bill moves through the process of conference, that the 
House Members and the Senate Members, along with the President and the 
administration, can give a bit more focus on the infrastructure 
portions of this bill. It is something I think the Presiding Officer, 
Democrats, and Republicans have said: If the bill was light in 
anything, it may be light on the infrastructure piece. That is not to 
say that not a lot of good effort has gone into that, but perhaps we 
could make the bill stronger, which it has gotten, in my view, stronger 
at every step. Whether it is highways, waterways, high-speed rail, 
flood control, wetlands, coastal restoration, help with sewer and 
water, broadband, transformation of our electric grid, and, yes, 
investing in the infrastructure of science and technology in this 
country, we are woefully behind.
  So I am hoping--one final point on that and then I will get to our 
colloquy on small businesses in a minute--I am hoping our Governors, 
Republican and Democratic alike, will take this as it is intended: an 
opportunity to help them balance their ships of State as we move 
through these rocky and rough waters over the next 12 to 18 months; 
that they take this money in the spirit it was given: to be a partner 
with them and the mayors and county commissioners, and in my State, 
parish officials, to help keep people employed, to help target this 
effort to where we can create the kind of jobs people most certainly 
need.
  One of the best parts of the debate this weekend and one of the most 
moving was when Barbara Boxer, and then again today Byron Dorgan, put 
the picture of the 1,000 people in line for 35 firefighter jobs. I wish 
to remind my friends on the other side that people don't want speeches, 
they want jobs. If 1,000 people line up for 35 firefighter jobs, that 
is what this bill is intended to do.
  It leads me to the colloquy Senator Snowe and I wished to come to the 
floor to engage in about the underlying bill and some of the advantages 
and provisions this bill has for small business.
  First, let me thank the Senator for her leadership over the years as 
a chair and ranking member of this important committee. Let me also 
acknowledge the great leadership in recent years of Senator John Kerry, 
the chairman of the Small Business Committee. Particularly in regards 
to this particular bill, working out some bipartisan provisions that we 
could include, I wish to thank Senator Durbin and his staff who worked 
closely with us.
  I wish to begin my brief colloquy with a statement that might be 
surprising to some who are listening, that 40 percent of all the 
capital in the country for small business, basically, comes through or 
touches the Small Business Administration. That is how important this 
small department of only 2,000--it used to have 3,000 people--it was 
terribly, and unjustifiably, in my view, cut under the previous 
administration. I wish to acknowledge that Senator Snowe has been a 
fierce and effective advocate. In the case of those cuts, she argued, 
sometimes successfully and sometimes not, those cuts shouldn't take 
place. Nonetheless, the Presiding Officer has started a

[[Page 3356]]

small business that turned into a large business, and he knows that one 
of the great challenges right now is access to capital and affordable 
capital. We are not talking about access to being able to use a credit 
card at 21 percent or 15 percent. That is not affordable capital. We 
are not talking about mortgaging your house only to watch the value 
fall by 50 percent. We are talking about things that could really spur 
the flowing of the capital markets in this country.
  Briefly, in the underlying bill we voted cloture on, we have 
eliminated the fees associated with the 504 economic development 
program, the 7(a) program, and the 504 program.
  Lending is down by 40 to 60 percent, depending on the State. In 
Louisiana, we are down 60 percent. We think by eliminating these fees, 
it may spur banks to lend money and borrowers to come forward for this 
access to capital.
  For over 50 years, the SBA's lending programs provided critical 
financing to small business owners who could not get affordable loans 
in the conventional market. In the wake of the financial crisis and 
this recession/depression, the SBA loan programs have not filled the 
void left by increasingly tight markets for conventional bank loans. We 
hope some of the provisions in this bill will help reduce that trend.
  The fee waivers supported by the U.S. Chamber of Commerce and other 
business groups are very encouraging by the results when we did this 
the last time, after the 9/11 attacks--what that might mean to spur 
economic growth in this country in the next few months and years to 
come.
  Let me also mention that in the underlying bill, we specifically 
targeted microloans. This might also be surprising to many, but the 
microloan program provides very small loans--on average about $13,000 
per loan. That seems to be very small, but sometimes I think we get 
caught up in billions and billions and we forget that sometimes $5,000, 
or $10,000, or $20,000 is all it takes to get a good idea off the 
ground and to help create jobs in America.
  I want to say, since so many Government programs get a bad rap and a 
black eye, this program--in large measure, my colleague from Maine 
helped to start it in 1992--the microloan program has been one of the 
most successful programs to date, having just one loss in its 18-year 
history, just one loss. Microloans are made to the smallest of 
businesses, typically home-based businesses, startups, newly 
established or small businesses. The program has always also been a 
great way to meet the needs of minority women and rural small business 
owners.
  The final part of this bill I want to mention before turning it over 
to my colleague is the venture capital funds that will also stimulate 
the flow of venture capital to emerging small businesses by providing 
flexibility for participants in the SBA's Small Business Investment 
Company programs, SBIC programs, which have been successful. The 
language in the underlying bill will give them the flexibility to even 
be more successful. The occupant of the chair knows, Virginia's economy 
is growing and being spurred by new investment in small business. The 
Chair has had, as Governor of that State, a front-row seat. These are 
some of the things we have put in the underlying bill.
  I will mention one final item. The good Senator from Maryland, Ben 
Cardin, secured on the floor of the Senate, in addition to the work we 
had done originally on this proposal, a surety bond amendment, which 
was passed by a pretty overwhelming vote in the Senate, which will help 
small businesses secure--particularly in the areas of construction--
those surety bonds that will enable them to be part of this new 
stimulus package.
  I am proud of the work we have done. Again, if it can be improved in 
conference, I would be open to that.
  I would like to turn the final part of this presentation over to the 
good Senator from Maine for comments about the financing portion, as 
well as some other portions I spoke about.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine is recognized.
  Ms. SNOWE. Mr. President, I commend my colleague, Senator Landrieu, 
from Louisiana, the new chair of the Small Business Committee. I am 
confident that she is going to champion small businesses and the 
critical role they play in our Nation's economy. I look forward to 
joining forces with the Senator from Louisiana. She is going to be an 
effective and eloquent advocate on behalf of the men and women who make 
up the millions of small businesses across this country, which are the 
lifeblood of our Nation's economy.
  One of the things we learned during the aftermath of Hurricane 
Katrina is that over 85 percent of businesses in Louisiana were small 
businesses. Similarly, in my home state of Maine, over 97 percent of 
all businesses are small businesses. So we understand the imperative of 
doing everything we can to reinforce and leverage the resources we have 
at the Federal level to support the engine of our economy; and that is, 
of course, America's small businesses. They are too often overlooked, 
Mr. President, in the role they play in our Nation's economy and in 
their job creation potential--creating two-thirds of all net new jobs 
in America.
  At a time of cataclysmic job loss, we have to look to small 
businesses to spur economic growth. I am concerned because I have taken 
many street tours across my State, and have seen first hand what we are 
seeing unfold all across America, small businesses closing their doors. 
So I know that we must do everything conceivable to reinforce, and 
bolster the resources of the Small Business Administration, to help it 
make a difference in creating jobs.
  Frankly, all too often small businesses are overlooked, unrecognized, 
and not acknowledged for the indispensable role they play in driving 
our Nation's economy. Nationally, unemployment is at 7.6 percent. In 
the past 4 weeks, more than 2.3 million people have filed new claims 
for jobless benefits. Those losses will only cascade even further if 
small businesses are unable to access the capital needed to help them 
start, grow, and expand their operations. It is one of the issues I am 
working on as we speak. Certainly, through the Troubled Asset Relief 
Program and with the respective Federal agencies, I think we should 
have a phone line so small businesses can call to find out how we can 
match up their needs for lending with banks and financial institutions 
across this country.
  As we speak, we are finding that more and more small businesses are 
unable to get the lines of credit they need to continue to carry on 
their business. Certainly, in a multiseason State such as Maine, people 
cannot do some things during the course of the winter, but they want to 
maintain their workforce and are unable to because they cannot access 
the line of credit that is indispensable to survival. There are a 
number of things we can do at the Federal level, much of which is 
included in this stimulus plan pending before the Senate.
  I agree with my colleague, Senator Landrieu that we must focus upon 
initiatives that are crucial to creating jobs. After all, when 
everybody talks about the stimulus plan, how to evaluate it, as I said 
last week, we need to create a rigorous standard by which we measure 
job creation in this legislation. It is absolutely essential in 
building the confidence that this stimulus plan will work.
  The way to do that is to look at some of the provisions targeted 
toward the small businesses, which will play a key role in our economy. 
When you realize that firms with fewer than 500 employees comprise 99 
percent of all businesses in America. And according to the SBA, small 
businesses have greater potential to recover faster than larger 
businesses during the course of a recession. But small businesses are 
fighting for survival.
  That is why Senator Landrieu and I worked to ensure that key 
initiatives were included into this bill, which will be critical for 
small business success during these very difficult economic times. We 
collaborated on these initiatives because we know that they are

[[Page 3357]]

paramount to securing a robust future for small businesses.
  SBA lending numbers are in a free fall. That is demonstrated in 
several of the charts I have here. The 7(a) loan volume has dropped 
from over $3.2 billion to under $2 billion, respectfully, compared to 
the same quarter last year. In terms of percentage impact, that is a 
43-percent decline. For startup 7(a) loans, the numbers are just as 
bad. Nationally, startup loans are down over 40 percent, when compared 
to the first quarter of fiscal year 2008 to the current fiscal period.
  In Maine, for example, if you look at 7(a) lending, it has declined 
by nearly 69 percent for the first quarter of fiscal year 2007, 
compared to this quarter of fiscal year 2009. That is why it is 
absolutely urgent that we make sure the initiatives that are included 
in the Senate-passed version of the stimulus plan are maintained and 
preserved in conference. They will go a long way toward addressing and 
minimizing many of the problems small businesses face.
  For example, Senator Landrieu and I worked in tandem on some of these 
key initiatives, which include those to reduce or eliminate fees for 
504 and 7(a) loans, for instance. This is a departure from the approach 
taken in the House but, frankly, reducing these fees will provide a 
greater incentive for both small businesses and lenders to participate 
in the program, rather than just increasing the guarantee, which is 
reflected in the House-passed version of the stimulus plan.
  We will also be able, through supporting these programs, to reduce 
the cost of SBA loans for borrowers. These SBA loans will help to 
create or retain 750,000 jobs.
  Additionally, we have included provisions to increase funding, as 
Senator Landrieu indicated, for the SBA's vital microloan program. 
These microloans are not only easy to process, they are effective and 
accessible to small businesses. Again, these loans have demonstrated 
time and again their job creation value and potential. We have improved 
the venture capital program and increased the size of loans that small 
businesses can take under the SBA's 7(a) and 504 lending programs. 
Another key component is the automation of the SBA's loan processing, 
which must be improved. It would be easier for lenders, particularly 
small ones and those in rural areas, to participate in the loan 
programs because, increased automation will result in increased usage 
of these key programs. Most critically, this automation would reduce 
the regulatory burden on small businesses. In fact, the SBA Office of 
Advocacy has determined that the cumulative annual cost of Federal 
regulations to small businesses is more than $1 trillion. So automation 
would take a step toward reducing that burden, and it would make a 
tremendous difference for many in my State, in Louisiana, and across 
the country.
  As a member of the Finance Committee, I also want to highlight key 
tax provisions in the stimulus plan. Again, I express my gratitude to 
Senator Landrieu for her advocacy of these initiatives because they are 
essential. The first is an extension of Section 179 Small Business 
Expensing at the $250,000 level for 2009 and 2010. That has 
demonstrated--repeatedly in the past--to create jobs. We need to use 
proven programs, like this, in the stimulus that have job creation 
value.
  I am very pleased that level of $250,000 will be extended both in 
2009 and 2010 so that small businesses can make investments in plant 
and equipment that they can deduct immediately. In 2005, the most 
recent year for which data was available, according to the IRS, more 
than 4.5 million small businesses claimed the section 179 expense 
deduction. These are 4.5 million job-creating engines, which this 
provision could assist at this difficult time in America.
  The other provision, of course, is the 5-year net operating carryback 
of losses which will allow companies to use these losses against prior-
year profits to gain immediate tax refunds.
  Thank you, Mr. President, for allowing me to speak about these key 
small business provisions in the stimulus bill. As we focus our 
attention on this stimulus package, we have to measure each and every 
initiative by its job-creation capabilities and as a catalyst for 
creating those jobs. As Senator Landrieu indicated, there is no greater 
catalyst for job creation in this country than small businesses. I have 
often stated that we have ignored and overlooked their tremendous 
potential.
  The stimulus package, which is pending before the Senate, will 
bolster small businesses through a variety of initiatives. I am pleased 
we were able to incorporate these provisions, through the support of 
Senator Landrieu and many members of the Senate Finance and 
Appropriations Committees and particularly Senators Baucus and 
Grassley, Finance Committee chair and ranking member, and Senators 
Inouye and Cochran, Senate Appropriations Committee chair and ranking 
member. Thank you to all of those who realized how vital these 
initiatives will be to creating jobs. I hope that in the conference 
committee these initiatives will be preserved because at the end of the 
day, this package will be measured in terms of its ability to jump-
start this economy. And we know that small businesses will be on the 
front lines of job recovery, if given the resources and the ability to 
do so.
  Again, I thank my colleague from Louisiana for being such a critical 
advocate and for her leadership on the Small Business Committee. I am 
looking forward to working with her in the future.
  Mr. President, I yield the floor.
  Ms. LANDRIEU. Mr. President, if my colleague will yield for a moment, 
I want to mention as we close, I am so happy and excited about the 
President's nominee for the Small Business Administration. I had the 
opportunity to meet her for the first time today.
  I ask my colleague from Maine, who is actually very familiar with 
this nominee, and she is from Maine, if the Senator would share a word 
or two about the particular qualifications of this nominee as we get 
ready to start this process. Through the Chair to my friend from Maine, 
it is indicative of the President's focus and his interest and his 
understanding by giving us such a quality nominee to consider.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. SNOWE. Mr. President, I appreciate that Senator Landrieu has 
raised for discussion the tremendous credentials that are offered by 
Karen Mills. There is no question that she has a tremendous background 
both in manufacturing and venture capitalism and in understanding the 
role that small businesses play in our Nation's economy.
  She has had firsthand experience, not only through her family's 
business endeavors, but also through her work in venture capitalism in 
helping to shape and rebuild various businesses. She understands and 
appreciates the resources that are necessary and essential to 
rebuilding businesses and the access to capital that is required.
  Also, she played a pivotal role in Maine's economy, in encouraging 
the use of cluster development. She has worked extensively with the 
Brookings Institute on how to nurture cluster development in various 
small and rural communities, to help rebuild and reshape their local 
economies.
  What we have recognized, and what she has certainly demonstrated time 
and again through her own personal firsthand experience, is that it 
does not take a lot of resources to nurture and create small businesses 
as a foundation for a local economy. It is that type of experience she 
will bring to the Small Business Administration.
  In fact, I had the opportunity to meet with her this afternoon as she 
prepares for the confirmation hearing. There is no question that she 
has widespread knowledge on what it will take to rebuild the Small 
Business Administration helping it to be far more responsive and 
receptive to small businesses, to understand what they need, to link 
them up with lenders, to provide the technology required to make the 
agency much more effective and responsive to the needs of small 
businesses across the country.
  I am looking forward to working with Ms. Mills and the chair of the 
Small Business Committee because I believe that Ms. Mills is 
outstanding in her capabilities and truly appreciates

[[Page 3358]]

the role small businesses play in America's economy. Mr. President, I 
ask unanimous consent to have a biography of Ms. Mills printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                  Biography of Ms. Karen Gordon Mills

       Ms. Karen Gordon Mills is the President of MMP Group, Inc. 
     Previously, she was the Co-Founder and Managing Director at 
     Solera Capital. Before founding MMP Group, she was the 
     Managing Director and Chief Operating Officer of the 
     Industrial Group for E.S. Jacobs and Co., from December 1983 
     to January 1993. In this role, Ms. Mills personally led seven 
     leveraged buyout transactions and had an influential or board 
     role in six others: Ms. Mills background includes consulting 
     for McKinsey and Co. both in the U.S. and in Europe, and 
     working as a Product Manager for General Foods. She has been 
     a Director and Member of Audit and Compensation Committees of 
     Arrow Electronics Inc. since 1994 and Director and Member of 
     its Audit Committee of ArmorAll Products Inc. since 1994. Ms. 
     Mills serves as Director of Latina Media Ventures LLC, 
     Triangle Pacific Corp. since 1988, Annie's Homegrown Inc., 
     Scotts Company, and Guardian Insurance Company. Ms. Mills 
     chairs Governor Baldacci's Council on Competitiveness and the 
     Economy. She also sits on the Governor's Council for the 
     Redevelopment of the Brunswick Naval Air Station, which 
     recently went on the BRAC closure list, and serves on the 
     Boards of the Maine Technology Institute and the Maine Nature 
     Conservancy. Ms. Mills is a member of the Council on Foreign 
     Relations and has been Vice Chairman of the Harvard 
     Overseers. Ms. Mills has an A.B. in Economics from Radcliffe 
     College, Magna Cum Laude. She also holds an M.B.A. from 
     Harvard Business School where she was a Baker Scholar.

  Ms. LANDRIEU. Mr. President, I thank the Senator for her testimony in 
regard to Karen Mills and will commit as the new chair of this 
committee to move her nomination through with dispatch.
  I will say before I give closing remarks, a word to banks and credit 
unions, particularly community banks, that I am intent in a leadership 
position on this committee to have the SBA be a better partner to 
community banks and credit unions as we really leverage the power of 
the SBA. Too often in the past, it has been seen as a problem or too 
complicated or too bureaucratic. I am looking forward to making that a 
much smoother, more powerful, muscular partnership so that our small 
businesses in America can have a model, the best in the world. It is 
going to be exciting to work on.
  I thank the Senator from Maine and look forward to having a very 
strong partnership with her in the months ahead.
  Is there any further business?
  Ms. SNOWE. Mr. President, one other issue that is critical, which 
Senator Landrieu and I both share, is that of elevating the Small 
Business Administration to Cabinet-level status. As I have said before, 
this will underscore the critical role that small businesses play in 
our economy. I know Chair Landrieu shares and supports such an 
initiative. It is long overdue and unquestionably should be done. We 
should elevate the status of the agency to give it the prominence and 
profile it deserves on behalf of the men and women of our Nation's 
small business community. There should be far more focus upon the role 
that they can serve in not only our domestic marketplace, but the 
global marketplace as well.
  I will continue to call for the elevation of this critical position. 
I have advocated it for years. In light of where we are today in the 
economy, and the increase in unemployment, it is even more imperative 
that we increase the prominence of small businesses in the President's 
cabinet because, again, doing so will provide the attention and 
resources they require to survive and be prosperous.
  Ms. LANDRIEU. Mr. President, I agree with the Senator from Maine. I 
was happy to join with her in a letter to the President urging him to 
take this step. Hopefully, he will consider that request and give it 
every consideration.

                          ____________________




                            ORDER FOR RECESS

  Mr. LANDRIEU. Mr. President, I ask unanimous consent that following 
the votes on Tuesday, February 10, in relation to H.R. 1, the American 
Recovery and Investment Act, the Senate recess until 2:15 p.m. for the 
weekly party conference lunches.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                   ADJOURNMENT UNTIL 10 A.M. TOMORROW

  The PRESIDING OFFICER. Under the previous order, the Senate stands 
adjourned until 10 a.m. tomorrow, February 10.
  Thereupon, the Senate, at 6:38 p.m., adjourned until Tuesday, 
February 10, 2009, at 10 a.m.

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate:


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. MICHAEL C. GOULD


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                           To be rear admiral

REAR ADM. (LH) MARK A. HANDLEY
REAR ADM. (LH) CHRISTOPHER J. MOSSEY
       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                           To be rear admiral

REAR ADM. (LH) KATHLEEN M. DUSSAULT
REAR ADM. (LH) MARK F. HEINRICH
       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                           To be rear admiral

REAR ADM. (LH) MICHAEL H. MITTELMAN
REAR ADM. (LH) MATTHEW L. NATHAN


                            IN THE AIR FORCE

       THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNITED STATES 
     OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 
     12203 AND 12212:

                             To be colonel

BRIAN D. AKINS
MATTHEW P. ANDREWS
ONDRA L. BERRY
TIMOTHY D. BLOUNT
JONATHAN L. BOEHNING
DAVID B. BURGY
STEPHEN R. BUSATH
PAUL B. BYRD
CRAIG A. CAMPBELL
SHELLEY R. CAMPBELL
RICHARD L. CHAPMAN, JR.
CAROL S. CHAVEZ
JAMES N. COX
CHRISTOPHER B. DUTTON
TIMOTHY W. ESTEP
CHRISTOPHER M. FAUX
JOACHIM P. FERRERO
KYLE D. GARRISON
MICHAEL J. GASPAR
CHARLES L. GEBHART
LESLIE M. GONZALEZ
KATHY A. GROCE
DAVID E. GROSS
MICHAEL E. GUILLORY
DONALD J. HAMILTON
JOSEPH D. HAMMER
RONALD D. HARMON, JR.
DONALD A. HARVEY
PHILIP J. HASLER
TODD S. HIGGS
DENNIS HUNSICKER
JOSEPH M. JABARA
ADA E. JOHNSTON
JAMES J. KEEFE
DONALD O. KEESE
ERIC D. KENDLE
PATRICK MICHAEL KENNEDY
KYLE T. KOBASHIGAWA
JOSEPH EDWARD LAMENDOLA
CLIFFORD W. LATTA, JR.
KEITH LOCKLEAR
PAUL R. MANCINI
ROBERT L. MARCIANO
ROBERT P. MCCLOY
RONALD WAYNE MCDANIEL
DAVID S. MCKINNEY
GARRY S. MOORE
MATTHEW L. MOORMAN
BRIAN JAMES NEEVES
HANS J. NEIDHARDT
RYAN T. OKAHARA
KENT R. OLSON
STEVEN R. PAINTER
MIMI I. PEAK
KIRK S. PIERCE
HERBERT G. PORTER
THERESA B. PRINCE
MICHAEL A. RICCI
CHRISTOPHER D. ROOD
MURRAY E. ROUSE
JOHNNY M. RYAN, JR.
EDWARD A. SALMON, JR.
DAVID P. SANCLEMENTE
GREGG A. SCHOCHENMAIER
MATTHEW J. SCHUSTER
THOMAS R. SHETTER
JAMES P. SHIRLEY
PETER J. SIANA
GEORGE T. SMITH
RICHARD E. SMITH
RANDOLPH J. STAUDENRAUS
MICHAEL E. STEVIC
NANCY J. SUMNER
BRADLEY A. SWANSON
JOSEPH P. SWEENEY
RICHARD W. SWEETEN
MARK S. SWEITZER
JOHN R. THOMAS
RONNIE E. TITTLE
RONALD BRADLEY TURK
BRYAN K. TURNER
CHRISTOPHER G. ULTSCH
JACQUES S. VAN RYN
PATRICK L. VOLK
RICHARD W. WEDAN
JEFFREY J. WIEGAND


                              In the Navy

       THE FOLLOWING NAMED INDIVIDUALS FOR APPOINTMENT TO THE 
     GRADE INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., 
     SECTION 531:

                       To be lieutenant commander

CHRISTOPHER M. ANDREWS

[[Page 3359]]

PATRICK L. BASILE
STEVE S. CHAN
UMER I. CHAUDHRY
CHRISTOPHER K. FULLER
RONIT GILAD
DANIEL J. GRABO
MARIA L. GRAUERHOLZ
ADNAN A. JAIGIRDAR
JEFFREY C. JOHNSON
SEAN M. KEELER
DONALD V. LA BARGE III
SUSAN LAHEY
LAURIE B. LERNER
JEREMY J. LOGAN
JASON J. LUKAS
CHRISTIAAN N. MAMCZAK
JEFFREY S. PALMGREN
MIN S. PARK
JASON L. PENNYPACKER
TANYA L. PORTER
STACEY C. QUINTERO-WOLFE
BRIAN D. SUSI
EZEKIEL J. WETZEL

                          ____________________




                             CONFIRMATIONS

  Executive nominations confirmed by the Senate, Monday, February 9, 
2009:


                         DEPARTMENT OF DEFENSE

       MICHELE A. FLOURNOY, OF MARYLAND, TO BE UNDER SECRETARY OF 
     DEFENSE FOR POLICY.
       ROBERT F. HALE, OF VIRGINIA, TO BE UNDER SECRETARY OF 
     DEFENSE (COMPTROLLER).
       JEH CHARLES JOHNSON, OF NEW YORK, TO BE GENERAL COUNSEL OF 
     THE DEPARTMENT OF DEFENSE.

       THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE 
     NOMINEES' COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND 
     TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.

                          ____________________




                               WITHDRAWAL

  Executive Message transmitted by the President to the Senate on 
February 9, 2009 withdrawing from further Senate consideration the 
following nomination:

       THOMAS ANDREW DASCHLE, OF SOUTH DAKOTA, TO BE SECRETARY OF 
     HEALTH AND HUMAN SERVICES, WHICH WAS SENT TO THE SENATE ON 
     JANUARY 20, 2009.
     
     
     


[[Page 3360]]

           HOUSE OF REPRESENTATIVES--Monday, February 9, 2009


  The House met at 2 p.m. and was called to order by the Speaker pro 
tempore (Mrs. Davis of California).

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                 February 9, 2009.
       I hereby appoint the Honorable Susan A. Davis to act as 
     Speaker pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  We confess, O God, that we accept so easily personal blessings of 
life and the blessings of this Nation. At the same time, we forget to 
give thanks. Sometimes blinded by our own ``do-it-yourself'' mentality 
and daily achievements, we fail to see that everything is a gift. Life 
itself, not our doing, is received from You, the Creator and configured 
by two others.
  Without realizing it fully, we receive support from family and so 
many others. Each day we build upon the foundations laid by forebears. 
And most of our work is produced with the collaboration of others.
  Remind us, O Gracious God, to be gracious ourselves because of all we 
have been given. Gratitude can change our attitude, both now and 
forever.
  Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore. The Chair has examined the Journal of the 
last day's proceedings and announces to the House her approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from Oregon (Mr. DeFazio) 
come forward and lead the House in the Pledge of Allegiance.
  Mr. DeFAZIO led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                              Office of the Clerk,


                                     House of Representatives,

                                 Washington, DC, February 5, 2009.
     Honorable Nancy Pelosi,
     The Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on February 5, 2009, at 
     10:48 a.m.:
       That the Senate passed S. 383.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




                         WE WANT OUR MONEY BACK

  (Mr. DeFAZIO asked and was given permission to address the House for 
1 minute.)
  Mr. DeFAZIO. Last week the Congressional Oversight Panel of the so-
called TARP program, the bank bailout program, announced that George 
Bush and his buddy, Henry ``Hank'' Paulson from Wall Street but who, 
for a little while stood in as Secretary of the Treasury, paid $254 
billion for $167 billion worth of assets in the name of the American 
taxpayer. They lost 34 cents on every dollar.
  Now, how is it that Henry ``Hank'' Paulson came out of Wall Street 
with $700 million? He was so smart, but somehow, as Secretary of the 
Treasury, he couldn't get full value for the dollar for the American 
taxpayer?
  We want our money back. It's time to impose a tiny transfer tax on 
all securities exchanges and derivatives on Wall Street to pay back the 
taxpayers for the still unfolding scandal.
  We want our money back.

                          ____________________




          FEDERAL GOVERNMENT BAILOUTS ALREADY LOST 30 PERCENT

  (Ms. FOXX asked and was given permission to address the House for 1 
minute.)
  Ms. FOXX. Madam Speaker, last week the bailout watchdog set up by 
Congress to conduct oversight on the $700 billion megabank bailout 
concluded that the government had already overpaid the banks by nearly 
$80 billion, and only half the money has been spent.
  According to an investigation by the bailout oversight committee, the 
Treasury paid $254 billion for assets that are worth about $176 
billion. That's a loss of $78 billion right off the bat.
  The investigation concluded that it was likely that the Federal 
Government might not have driven as hard a bargain as the private 
sector would have. Fancy that.
  Next time someone tries to sell the idea that government bailouts are 
``good investments,'' just remember that the Treasury Department lost 
30 percent on its so-called investments in just three short months.

                          ____________________




                         ACCELERATING RECESSION

  (Mr. POMEROY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. POMEROY. Madam Speaker, last month the employment of George W. 
Bush came to an end. Unfortunately, so did the jobs of nearly 600,000 
Americans, hardworking men and women hit in every sector of our 
economy, thrown out of work in the toughest recession to hit our Nation 
in decades.
  The job losses of January show that this is an accelerating 
recession. We lost 1.7 million jobs in the first 10 months of 2008, 
then almost 600,000 in the month of November, again in December, again 
in January.
  Look at this chart. This shows how this recession compares to the 
other two. No easing of job loss, no end in sight.
  We must pass a stimulus responding to this crisis. This is the worst 
rate of job loss ever recorded. We must help Barack Obama, our new 
President, respond to this economic crisis facing our Nation.

                          ____________________




                        MONEY FOR THE MOB MUSEUM

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Madam Speaker, as Americans worry about the 
economy, Washington is using the politics of fear to promote a so-
called stimulus package. This $800 billion bill will cost every man, 
woman, child and illegal in the United States about $2,700. However, 
we're told unless we pass this big spending bill, we're, in essence, 
all going to die.
  The intimidating tactics used by the proponents give money to special 
interest groups like museums, including, believe it or not, the Mob 
Museum.

[[Page 3361]]

That's right. The Mayor of Las Vegas correctly claims the bill allows 
for millions of dollars to go to funding the Las Vegas show piece, the 
Mob Museum.
  I wonder how the money for a high dollar edifice to glorify organized 
crime will help out our economy. Obviously, the government should not 
strong-arm the taking of the people's money only to give it to this or 
to other special interest groups.
  Let the people keep more of their own money. Cut taxes for all those 
that pay taxes. Then with more of their own money, the people will 
decide how to stimulate the economy. After all, it is their money. And 
I doubt they will be buying tickets to a museum dedicated to organized 
crime.
  And that's just the way it is.

                          ____________________




        IN SUPPORT OF THE AMERICAN RECOVERY AND REINVESTMENT ACT

  (Mrs. CHRISTENSEN asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Mrs. CHRISTENSEN. This body passed a very good recovery package. It's 
important to note, as we prepare to go to conference, that most 
economists have warned that it would be a far greater risk to pass one 
that is too small and that, therefore, it would be better to take that 
risk on the side of making the package a bigger one.
  The increase in food stamps and unemployment benefits, the tax 
credits, all begin to put money in the hands where it's needed. Robust 
State stabilization funds and infrastructure projects, green jobs, 
small business and training provisions create and replace the millions 
of jobs lost over the past 8 years. That's the recovery part.
  These and the education, health care, broadband and renewable energy 
provisions are the critical reinvestments and the important change that 
Americans voted for and want the President and Congress to bring about.
  We should keep much that the Senate put in and keep our provisions, 
even if it means a bill that may cost $900 billion, because it would 
have the dramatic impact our communities need today and build the 
strong foundation our Nation needs for the future.
  The American people want and need change. Let's begin it with a 
robust American Recovery and Reinvestment Act.

                          ____________________




    U.S. DELEGATION SILENT AT UPR OF THE WORLD'S WORST HUMAN RIGHTS 
                               OFFENDERS

  (Mr. WOLF asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. WOLF. The United Nations Human Rights Council is now conducting 
reviews of the human rights record of 16 countries, among which are 
China, Cuba, Saudi Arabia and Russia. And I was shocked and, quite 
frankly, disappointed to learn that the new administration has failed 
to fill its seat and has washed its hands of even questioning these 
countries. How can America be silent about four of the worst offenders 
of human rights and religious freedom around the world?
  China has been designated by the State Department's annual Religious 
Freedom report as a country of particular concern since 1999. No 
administration comments.
  Saudi Arabia has received this designation, too. Again, no comments 
from the new administration.
  The U.S. Commission on Religious Freedom placed Cuba on their watch 
list. Again, no comment from this administration.
  The administration made a pledge to place human rights at the top of 
its agenda, and yet they're absent at this very critical point. This is 
a bad start for this administration in the area of human rights and 
religious freedom.

                          ____________________




                  MEDIA'S DOUBLE STANDARD ON PARTY ID

  (Mr. SMITH of Texas asked and was given permission to address the 
House for 1 minute.)
  Mr. SMITH of Texas. Madam Speaker, breaking news. The national media 
spells scandal without the ``D.''
  Two weeks ago the Governor of Illinois was removed from office. All 
three television networks ran full reports on the story the same night 
and again the following morning. Not one report mentioned that he is a 
Democrat.
  The same has been true of numerous other Democrats recently embroiled 
in scandal. CNN ignored the party affiliation of the Democratic Mayor 
of Baltimore as news broke that she had been indicted. The AP did the 
same while covering the indictment of the former Democratic Mayor of 
Detroit. And in the aftermath of his sex scandal, network newscasts 
apparently forgot that the former Governor of New York is a Democrat.
  Americans need and deserve balanced reporting from the media, not 
selective omissions.

                          ____________________




             THE ONLY THING WE HAVE TO FEAR IS FEAR ITSELF

  (Mr. REHBERG asked and was given permission to address the House for 
1 minute.)
  Mr. REHBERG. In 1933, in the midst of the Great Depression, Franklin 
Delano Roosevelt, elected on a platform of change, said in his 
inaugural address, ``The only thing we have to fear is fear itself.''
  In 1961, another President, John F. Kennedy, elected on a platform of 
change, said, ``Let us never negotiate out of fear, but let us never 
fear to negotiate.''
  I ask my friends from both parties to heed this advice and reject the 
politics of fear. Let's not fear the negotiating table. Let's talk 
about meaningful bipartisan solutions that will benefit our country and 
get people back to work.
  As Kennedy continued, ``United there is little we cannot do, but 
divided there is little we can do.''
  Let us work together because people won't remember how fast we fixed 
this problem. They will, however, remember how well we fixed it.

                          ____________________




           GOVERNMENT SPENDING DOES NOT FIX ECONOMIC PROBLEMS

  (Mr. HERGER asked and was given permission to address the House for 1 
minute.)
  Mr. HERGER. Madam Speaker, to paraphrase an old saying, those who 
don't learn from history are doomed to make things worse. History shows 
us that government spending does not fix economic problems. If spending 
was the key to a robust and sound economy, the U.S. should be in a boom 
time.
  Government spending has been out of control for the past 20 years. 
Look where it has gotten us.
  Spending that is delayed for 2 years is not stimulus. Spending for 
pet causes of Members of Congress is not stimulus. And temporary tax 
credits for people who already pay no income tax are not stimulus.
  Madam Speaker, we need fast-acting tax relief for working families 
and small businesses. I urge the Senate to put good policy above 
politics.

                          ____________________




                              {time}  1415
                         THE ECONOMIC DOWNTURN

  (Mr. GOHMERT asked and was given permission to address the House for 
1 minute.)
  Mr. GOHMERT. Madam Speaker, job losses hurt individuals. They hurt 
families. They hurt other families because they hurt the economy, and 
everyone is hurt mentally as well as economically.
  So what is causing the job loss? What is causing the downturn? Well, 
there is one thing we heard when we went to China and talked to people 
about why they moved their industries. They said it is because they 
have less than half the corporate tax than we have in the U.S. Yet 
still we are going to take up a bill to limit more drilling in the 
United States.
  The report is out that, if Alaskan oil and gas were allowed to be 
developed, then it would create jobs in all 50 States. California would 
get 334,000 new jobs. Washington State would get 139,000 new jobs. 
Pennsylvania would get 142,000 new jobs. New York would

[[Page 3362]]

get 93,000 new jobs. New Jersey would get 39,000 new jobs. Illinois 
would get 40,000 new jobs. Overall, 2.2 million jobs would be added. 
Let us help America. Let us open up our own resources.

                          ____________________




                          THE STIMULUS PACKAGE

  (Mrs. McMORRIS RODGERS asked and was given permission to address the 
House for 1 minute.)
  Mrs. McMORRIS RODGERS. Madam Speaker, right now, the United States 
Senate is still debating an $827 billion stimulus package. It is $7 
billion more than what passed the House last week. Not only is it more 
expensive; it actually does little to create jobs and to grow the 
economy.
  It spends $300 million on new cars for the Federal Government, and we 
just learned today that some of this money will be used for golf 
carts--that's right--for fancy golf carts. Unbelievable. $900 million 
will be used for public interest groups.
  Our top priority in Congress needs to be turning our economy around 
and helping hardworking, middle class families. However, this 
legislation is showering money on the Federal Government so that 
government workers will be driving the newest cars, will be working in 
new or in recently renovated buildings and will still be receiving high 
wages and generous health and pension benefits while our small business 
owners and middle class families are struggling to make ends meet.
  House Republicans have offered commonsense alternatives to stimulate 
and to grow the real economy. We would stabilize those home values and 
give much needed tax relief.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until approximately 4 p.m. today.
  Accordingly (at 2 o'clock and 17 minutes p.m.), the House stood in 
recess until approximately 4 p.m.

                          ____________________




                              {time}  1600
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Moran of Virginia) at 4 p.m.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas and nays are ordered, or on which 
the vote is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken later.

                          ____________________




                 NATIONAL GIRLS AND WOMEN IN SPORTS DAY

  Mr. SABLAN. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 114) supporting the goals and ideals of ``National 
Girls and Women in Sports Day''.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 114

       Whereas, since 1987, the National Girls and Women in Sports 
     Coalition has declared February 4 as ``National Girls and 
     Women in Sports Day'';
       Whereas the House of Representatives has recognized the 
     importance of girls and women in sports through title IX, 
     which governs the overall equity of treatment and opportunity 
     in athletics so that women have equal opportunities to 
     participate in athletics;
       Whereas the number of girls playing high school sports has 
     increased from just under 300,000 during the 1971 to 1972 
     school year to nearly 3,000,000 during the 2005 to 2006 
     school year;
       Whereas the number of women playing college sports grew 
     from fewer than 32,000 in 1972 to nearly 171,000 from 2005 to 
     2006;
       Whereas, despite great advancement, high school girls still 
     receive 1,300,000 fewer participation opportunities than do 
     boys, and the money spent on girls' sports is still far less 
     than that spent on boys' sports;
       Whereas high school girls who play sports are more likely 
     to get better grades in school and are more likely to 
     graduate than girls who do not play sports;
       Whereas as little as 4 hours of exercise a week may reduce 
     a girl's risk of breast cancer, osteoporosis, and obesity;
       Whereas girls and women who play sports have a more 
     positive body image, higher levels of confidence and self-
     esteem, and experience higher states of psychological well-
     being than girls and women who do not play sports;
       Whereas the celebration of ``National Girls and Women in 
     Sports Day'' would increase awareness of the importance 
     sports play in the lives of girls and women in the United 
     States; and
       Whereas February 4, 2009, has been designated as ``National 
     Girls and Women in Sports Day'' by the National Girls and 
     Women in Sports Coalition: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) supports the goals and ideals of ``National Girls and 
     Women in Sports Day'', an event sponsored by the National 
     Girls and Women in Sports Coalition to honor the achievements 
     of and encourage participation of girls and women in sports; 
     and
       (2) encourages the continued participation of schools and 
     communities in providing opportunities for girls and women in 
     elementary, secondary, and college sports to promote 
     awareness of the positive influence of sports participation 
     in the lives and health of girls and women, and the 
     continuing struggle for equality and access for women in 
     sports.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from the 
Northern Mariana Islands (Mr. Sablan) and the gentleman from Kentucky 
(Mr. Guthrie) each will control 20 minutes.
  The Chair recognizes the gentleman from the Northern Mariana Islands.


                             General Leave

  Mr. SABLAN. Mr. Speaker, I request 5 legislative days during which 
Members may revise and extend their remarks and insert extraneous 
material regarding House Resolution 114 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from the Northern Mariana Islands?
  There was no objection.
  Mr. SABLAN. Mr. Speaker, I yield myself as much time as I may 
consume.
  I rise today in support of House Resolution 114, which recognizes 
February 4, 2009 as the 23rd National Girls and Women in Sports Day, 
and it also urges an increase in awareness of the importance sports 
plays in the lives of girls and women.
  In 1987, the National Girls and Women in Sports Day began to 
celebrate the work of Olympic volleyball player Flo Hyman to advance 
gender equality in athletics. Today, National Girls and Women in Sports 
Day seeks to honor the struggle and achievements of women in athletics.
  The participation rates of women and girls in sports has risen 
dramatically. Currently, more than 3 million girls participate in high 
school sports compared to less than 300,000 girls in 1971. The number 
of women playing college sports has increased from 32,000 to 171,000 in 
a little over 30 years. However, in spite of this impressive growth, 
the money and opportunities for males to participate in sports are 
still much greater than those available to females.
  The benefits of sports participation cannot be overstated. High 
school girls who participate in athletics are more likely to have a 
healthy mind and body. Specifically, girls who play sports have better 
grades and are more likely to graduate compared to girls who do not 
participate in athletic activities. The risk of breast cancer, 
osteoporosis and obesity in girls is also reduced with as few as 4 
hours of exercise a week.
  Participating in sports helps promote healthy habits and improves 
self-esteem. These very traits have proven effective in combating 
eating disorders. Since 90 percent of people with eating disorders are 
female and 86 percent are under the age of 20, participating in sports 
can provide girls and young women across the Nation the necessary tools 
for success. Females who participate in sports are more likely to have 
a better body image and are less likely to suffer from psychological 
disorders.
  Every February, we highlight the accomplishments of female athletes 
with

[[Page 3363]]

National Girls and Women in Sports Day. I would like to take this 
opportunity to note the accomplishment of a female athlete from the 
Northern Mariana Islands. Her name is Yvonne Deleon Guerrero Bennett. 
Yvonne has rewritten all the Micronesian records in sprint events. 
During the recent Oceania Area Championships, she made the finals in 
the 100, 200 and 400 meter events, setting records all along the way. 
For her accomplishments, she was voted Female Athlete of the Year by 
the Northern Marianas Amateur Sports Association. Off the track, Yvonne 
is an honor student.
  On National Girls and Women in Sports Day, we remember the women who 
fought for equality in sports, and we celebrate the many girls and 
women, such as Yvonne Bennett, who are benefiting from the path paved 
by women like Flo Hyman.
  Mr. Speaker, once again, I express my support for National Girls and 
Women in Sports Day. I thank Representative Sires for introducing this 
important resolution, and I urge my colleagues to support this 
resolution.
  I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of House Resolution 114, supporting the goals and 
the ideals of National Girls and Women in Sports Day.
  Sports play an important role in the lives of American children. 
Millions of children participate in sports every day, and many look to 
professional athletes as role models. In the past few decades, female 
athletes have made innumerable accomplishments and contributions to the 
athletic world. Women have set world records for speed, have won 
hundreds of Olympic medals and have excelled as highly watched 
professional athletes. They have become the first college basketball 
coach to win 1,000 games, have been elected to the National Baseball 
Hall of Fame and have been named among the top 10 most influential 
people in sports history.
  Female athletes also have the opportunity to compete and win 
championships throughout their educational careers, like my daughter 
Caroline. Caroline plays for the Greenwood High School Fastpitch 
Softball team, which won back-to-back Kentucky State championships in 
2007 and 2008. I am very proud of my daughter, of her teammates and of 
all the other women and girls who compete in sports. Clearly, the 
accomplishments and importance of girls and women in sports are worthy 
of commemoration.
  With that, I encourage my colleagues to vote in favor of this 
resolution.
  I reserve the balance of my time.
  Mr. SABLAN. Mr. Speaker, has the gentleman from Kentucky any further 
speakers?
  Mr. GUTHRIE. We have no further speakers, Mr. Speaker.
  Mr. SABLAN. Once again, I express my support for National Girls and 
Women in Sports Day, and I urge my colleagues to support this 
resolution.
  Mr. SIRES. Mr. Speaker, today I am proud to discuss H. Res. 114, the 
National Girls and Women in Sports Day, which I introduced. Dedication, 
teamwork, discipline, courage, victory, and overcoming defeat can all 
be learned by participating in sports. Athletics are one of the best 
opportunities for personal growth, and yet there has not always been an 
equal opportunity for everyone to participate.
  In 1971, only 300,000 women participated in high school sports and 
fewer than 32,000 competed in college sports. Thanks in large part to 
Title IX, opportunities for girls and women to participate in sports 
have expanded, so that today ten times more women participate in high 
school sports and five times as many participate in college sports than 
in 1971. However, we still have a long way to go. High school women 
still receive 1,300,000 fewer opportunities to participate than do 
boys, and the money spent on women's sports is far less than that spent 
on boys' sports.
  National Girls and Women in Sports Day exists to overcome the final 
barriers for women in sports by celebrating female athletes' 
achievements, acknowledging the positive influence of sports 
participation in women's lives, and urging equality and access for 
women in sports. On February 4, 2009, the 23rd National Girls and Women 
in Sports Day was celebrated in schools and communities across the 
country.
  The Stevens Institute of Technology, in my district, recognized a 
woman, who truly embodies the ideals of National Girls and Women in 
Sports Day. Emily Woo, a senior chemical biology major at one of the 
most demanding scientific institutions in the country, is an athlete, 
scholar, and leader. She boasts a 3.6 cumulative grade point average in 
a demanding major. She holds five different school swimming records and 
has been captain of the women's swimming team for two years. As if that 
were not enough, her coach credits her with turning the swimming 
program around and being the best leader he has ever encountered.
  Emily Woo exemplifies the benefits of participation in sports. When 
girls and women participate, they are more likely to get better grades 
in school and are more likely to graduate. As little as four hours of 
exercise a week from sports activities may reduce a girl's risk of 
breast cancer, osteoporosis and obesity. Most importantly, when girls 
and women play sports, they have a more positive body image, higher 
levels of confidence, and are more likely to develop self-discipline, 
initiative, and leadership skills.
  National Girls and Women in Sports Day, an event sponsored by the 
National Girls and Women in Sports Coalition, increases awareness of 
the importance sports play in the lives of girls and women. I 
introduced this resolution to support the goals and ideals of this 
important day and to encourage schools and communities to continue and 
increase opportunities for girls and women in sports. As a former 
athlete, I know firsthand the benefits of competing in sports; my life 
is richer and more well-rounded because of those experiences. Everyone 
regardless of background should have equal access to sports, and I 
commend the National Girls and Women in Sports Coalition for their work 
to give everyone a chance to play.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of H. 
Res. 114, which supports the goals and ideals of ``National Girls and 
Women in Sports Day.'' I commend my colleague Representative Albio 
Sires of New Jersey for introducing this important resolution that will 
encourage girls and women's positive involvement in the athletic 
community and recognize February 4th as ``National Girls and Women in 
Sports Day.''


                               Background

  National Girls and Women in Sports Day is a special day for girls and 
women to celebrate their participation in sports and athletics. 
Encouraging girls and women to participate in sports has shown to have 
positive effect on a girls' development as well as social, physical, 
and emotional well-being. It gives them a better chance for becoming 
strong, independent women that will be able to positively contribute to 
and function within the American society.
  Girls and women who play sports are more likely to get better grades 
than their counterparts who are inactive. They are also more likely to 
graduate from High School. Additionally, for women, sports also tend to 
result in higher levels of positive body image, self confidence, self-
esteem, and psychological well being. The evidence shows that the 
correlation between female development and sports positively affects 
the lives of girls and women.


                                History

  Title IX, Education Amendments of 1972, ensured that girls were 
entitled to equal education and federal funded opportunities as boys. 
When Title IX was enacted, 1 in 27 girls in high school participated in 
athletics. Today, one in three girls participates in athletics in high 
school now. These strides are certainly something that we should 
recognize, praise, and support.
  However, despite the significant gains girls and women have made 
since the enactment of Title IX, girls are still facing pervasive 
inequalities. At the high school level, girls receive 1.3 million fewer 
participation opportunities than male high school athletes--a gap which 
has continued to grow in the past 5 years. Qualitative analysis 
suggests that high school girls still lag behind not only in 
participation opportunities, but in allocation of operating and 
recruitment budgets as well. Unlike their collegiate counterparts, high 
schools are not required to disclose any data on equity in sports--
making it difficult for schools, students and parents to identify 
sources of inequality and ensure fairness in their schools' athletics 
programs. H. Res. 114 may not alleviate these problems, but it will 
support participation in activities and opportunities that will 
positively supplement our children's development.


                             Women's Rights

  Equality and women's rights are issues very important to me and those 
who reside within my district. In my own state of Texas, there are over 
3 million women under the age of 18. This number represents the girls 
whose lives could be improved by the opportunity to become involved in 
a positive athletic atmosphere.

[[Page 3364]]

  We must reach out and help these girls and women to become involved. 
I believe by showing our support for H. Res. 114 we are taking the 
first step.


                               Conclusion

  H. Res. 114 will ensure that the United States House of 
Representatives supports the goals and ideals of ``National Girls and 
Women in Sports Day to encourages girls and women throughout the United 
States to become involved in sports programs through their school and 
communities. H. Res. 114 will encourage schools and communities to 
provide opportunities for women to become positively involved in 
healthy, active atmospheres.
  This resolution will emphasize the importance of sports during a 
girl's development and recognize the struggle for women to gain 
equality and access to sport participation. I urge my colleagues to 
support H. Res. 114 and provide opportunities to young girls and women 
throughout our nation.
  Mr. SABLAN. I yield back the remainder of my time, Mr. Speaker.
  Mr. GUTHRIE. Mr. Speaker, I yield back the remainder of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from the Northern Mariana Islands (Mr. Sablan) that the House 
suspend the rules and agree to the resolution, H. Res. 114.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SABLAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________




   RECOGNIZING AND COMMENDING UNIVERSITY OF OKLAHOMA QUARTERBACK SAM 
              BRADFORD FOR WINNING THE 2008 HEISMAN TROPHY

  Mr. SABLAN. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 60) recognizing and commending University of 
Oklahoma quarterback Sam Bradford for winning the 2008 Heisman Trophy 
and for his academic and athletic accomplishments.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                               H. Res. 60

       Whereas Sam Bradford was born on November 8, 1987, to Kent 
     and Martha Bradford;
       Whereas Sam Bradford's mother and father have instilled in 
     him an unparalleled work ethic, outstanding leadership 
     qualities, and a desire to excel;
       Whereas Sam Bradford is an active citizen of the Cherokee 
     Nation of Oklahoma;
       Whereas Sam Bradford is a dedicated student at the 
     University of Oklahoma, majoring in Finance and maintaining a 
     3.95 grade point average;
       Whereas Sam Bradford is a member of the University of 
     Oklahoma's Fellowship of Christian Athletes;
       Whereas Sam Bradford is the quarterback for the University 
     of Oklahoma's football team (Oklahoma) and has played an 
     integral role in such team's 2008 National Collegiate 
     Athletic Association's (NCAA) national championship bid;
       Whereas Sam Bradford completed 48 touchdown passes in the 
     regular season, setting a University of Oklahoma record for 
     touchdowns in a single season, and also leading the nation in 
     touchdown passes in the 2008 season;
       Whereas in 2008 Sam Bradford surpassed the NCAA record for 
     most touchdowns by a quarterback through his freshmen and 
     sophomore years;
       Whereas in 2008 Sam Bradford led the nation in passing 
     efficiency with a percentage of 186.28;
       Whereas on October 18, 2008, Sam Bradford passed for 468 
     yards against the University of Kansas, setting a University 
     of Oklahoma record for most passing yards in a single game;
       Whereas in 2008 Sam Bradford guided Oklahoma to a 12-1 
     record and played an essential role in Oklahoma's victory 
     over the University of Missouri in the 2008 Big 12 
     Championship game on December 6, 2008; and
       Whereas on December 13, 2008, Sam Bradford became the 5th 
     Oklahoma football player to win the Heisman Trophy, college 
     football's most coveted and prestigious award: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) commends Sam Bradford for his academic and athletic 
     accomplishments;
       (2) congratulates Sam Bradford for winning the 2008 Heisman 
     Trophy; and
       (3) directs the Clerk of the House of Representatives to 
     transmit a copy of this resolution to University of Oklahoma 
     President Boren and Head Football Coach Bob Stoops for 
     appropriate display.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from the 
Northern Mariana Islands (Mr. Sablan) and the gentleman from Kentucky 
(Mr. Guthrie) each will control 20 minutes.
  The Chair recognizes the gentleman from the Northern Mariana Islands.


                             General Leave

  Mr. SABLAN. Mr. Speaker, I request 5 legislative days in which 
Members may revise and extend their remarks and insert extraneous 
material on House Resolution 60 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from the Northern Mariana Islands?
  There was no objection.
  Mr. SABLAN. Mr. Speaker, I yield myself as much time as I may 
consume.
  I rise today to congratulate the University of Oklahoma Sooners' 
quarterback, Sam Bradford, for winning the Heisman Trophy Award, and I 
thank Congresswoman Fallin for introducing this resolution.
  Mr. Speaker, the Heisman award is the Nation's most prestigious 
collegiate football award, and while Sam Bradford's outstanding 
athletic record has made him a most deserving candidate for the award, 
his qualities off the field also deserve to be recognized.
  Sam Bradford received the Heisman Trophy on December 13, 2008, and 
became the first person of Native American descent and only the second 
sophomore in Heisman history to win the award. Bradford won the 
recognition of Heisman voters by breaking the NCAA freshman touchdown 
passing record with 36 touchdown passes and by breaking the NCAA record 
with a passing efficiency rating of 186.28. He set two school records 
by throwing for 48 touchdown passes in a single season and by passing 
for 468 yards in a single game against the University of Kansas.
  With Bradford at the helm, the Sooners posted more points in a single 
season than any other team and brought the team to a 12-1 season 
record. Winning the Heisman award is a tremendous accomplishment, but I 
believe we should also recognize his accomplishments off the field.
  Excelling in the classroom with a 3.95 grade point average, Sam 
Bradford epitomizes what a student athlete should be. He is an active 
citizen of the Cherokee Nation of Oklahoma, and is a member of the 
University of Oklahoma's Fellowship of Christian Athletes. Considering 
the demands of a Division I football program, his involvement off the 
field is to be commended.
  Mr. Speaker, once again, I congratulate the University of Oklahoma's 
quarterback, Sam Bradford, for his outstanding year, and I urge my 
colleagues to pass this resolution.
  I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of House Resolution 60, a resolution 
recognizing the academic and athletic achievements of Sam Bradford, the 
2008 Heisman Trophy winner.
  Samuel Jacob Bradford, the University of Oklahoma's quarterback, beat 
out the University of Florida's Tim Tebow and the University of Texas' 
Colt McCoy to win the Heisman Trophy last year. Bradford was the second 
sophomore and the fifth Oklahoma football player to ever win the 
Heisman Trophy. He is only the second person of Cherokee descent to 
ever start as quarterback for a Division I institution. During the 
quest for the Heisman, Bradford led the Sooners to the national 
championship game against Florida while maintaining an exemplary grade 
point average of 3.95 as a finance major at Oklahoma.
  I am pleased to stand in support of this resolution honoring the fine 
academic and athletic achievements of Sam Bradford, but I would be 
remiss if I did not speak up on his behalf and on behalf of all the 
young people in America today to express my reservations

[[Page 3365]]

about the massive increase in our national debt and in our budget 
deficit that would come from the stimulus spending package currently 
making its way through Congress.
  We need economic stimulus and we need it now, but if we do not 
provide the right mix of tax relief and benefits to working families 
and to small businesses, I am afraid that we may well make this 
recession far more worse than it already is. I hope we can work 
together to develop a conference agreement on the stimulus package that 
excludes nonemergency government spending but works to truly stimulate 
job growth and a more stable economy. I encourage my colleagues to vote 
in favor of this resolution.
  I reserve the balance of my time.
  Mr. SABLAN. Mr. Speaker, I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I yield 5 minutes to the gentlelady from 
Oklahoma (Ms. Fallin).
  Ms. FALLIN. Mr. Speaker, I am honored today to urge the passage of a 
resolution honoring an outstanding young man from my home State of 
Oklahoma and from my district, Sam Bradford, who is the winner of 
college football's highest honor, the Heisman Trophy, and of course he 
is from the great university, the University of Oklahoma.
  It has been said that sports build character, and we always hope that 
is true, but Sam Bradford brings character to sports. He is a 
remarkable athlete, honor student and is a member of the Fellowship of 
Christian Athletes. Most recently, he reminded us as to how to set 
priorities in life.

                              {time}  1615

  He could have earned millions by entering the professional football 
draft, but yet he chose to return to college next fall and complete his 
degree.
  Sam Bradford graduated from Putnam City North High School which is in 
my district, and he is the son of a former college football player. Two 
years ago, he stepped in as quarterback for the University of Oklahoma 
Sooners, his father's alma mater, and by the end of the his first 
season, he had thrown 36 touchdown passes, an NCAA record for a 
freshman.
  Last year, he passed for 48 more touchdowns, setting another record 
along the way, and in January, he led his team, OU Sooners, into the 
national championship game. They did not win, but they played very 
well, and I guarantee you they played with honor. And after the game, 
we were treated to the image of two fine young men embracing on the 
field: Tim Tebow, last year's Heisman winner, and Sam Bradford. There 
are no better role models today in the sport than those two fine young 
men. And America would be better served, well-served if these two young 
men were to meet again next January in a national championship rematch, 
which I hope they do.
  Of course, we are very partial to Sam Bradford and Oklahoma, and for 
a very good reason. He's a proud member of the Cherokee Indian Nation, 
and before each game, he rereads the biblical story of David and 
Goliath to remind himself that he must be his very best each day.
  In both of his first two seasons, he has made the conference all-
academic team as a scholar athlete, and I can assure you that there are 
hundreds, maybe even a thousand, small boys, young boys in Oklahoma 
that would love to grow up to be the next Sam Bradford, and they could 
hardly pick a better role model than Sam.
  In an age where athletic success too often translates into what could 
be arrogance or even misbehavior, Oklahoma is proud of our most recent 
Heisman Trophy winner. He is a great quarterback. He is a great young 
man. He is humble in victory, and he is gracious in defeat.
  Mr. Speaker, I'd like to urge this body to approve H. Res. 60, 
commending an Oklahoma Sooner who reminds us all that success on the 
playing field and true humility can go hand in hand.
  I know that some of my colleagues from Oklahoma are also very proud 
of Sam Bradford. I know that some of them wanted to come today, but 
they were all catching their flights, but all the Oklahoma delegation 
in the House, in a bipartisan way, are supporting this resolution.
  I would urge its adoption.
  Mr. GUTHRIE. Mr. Speaker, I yield 5 minutes to the gentleman from 
Oklahoma (Mr. Cole).
  Mr. COLE. Mr. Speaker, I thank the gentleman for yielding. As the 
gentleman from Kentucky knows, I was racing over here as my colleague 
from Oklahoma was extolling our Heisman Trophy winner Sam Bradford. I 
was caught on the barber's chair as this momentous event began, and so 
the gentleman has been kind enough to allow me to address some of my 
remarks toward Mr. Bradford's achievement.
  I want to begin by thanking my good friend, the gentlelady from 
Oklahoma, Mary Fallin, for bringing the resolution to the floor 
honoring Sam Bradford and his remarkable achievements. He was born in 
my colleague's district, but his distinction was really earned in mine 
because he plays at the University of Oklahoma, and we're 
extraordinarily proud of him as a player, as any college would be.
  He frankly has won two Big 12 titles in his 2 years. He's had the 
opportunity to play for a national championship. We came up a little 
bit short in that game, and we congratulate our friends at the 
University of Florida who played a great game with a great quarterback, 
Mr. Tebow, but we look forward to having the opportunity to meet them 
or somebody else somewhere down the road.
  We're proud of everything he's done. He's led the country in passing. 
He's one of the most accurate throwers, led the country in touchdown 
passes. You could literally list the achievements at great length, but 
frankly, we're proud of him as a student.
  In a day when a lot of athletes are there simply to play football or 
basketball or track or whatever their sport is, Sam Bradford is a 3.95 
major in finance at the University of Oklahoma. So he's pretty serious 
about his academic life.
  We're proud of him as a person. Frankly, he's active in the 
Fellowship of Christian Athletes. He is active in Read Across America. 
Obviously, we're very proud of his native heritage as a member of the 
Cherokee Nation. And that's important to us in Oklahoma, certainly 
important to me as a member of the Chickasaw Nation, to see the kind of 
role model he is, not only for Cherokees but, frankly, for young men 
and women all across Indian country, regardless of tribal affiliation.
  I think we're probably most proud of him, Mr. Speaker, for the manner 
in which he leads. He is a quiet leader. He's not a shouter. He's not 
somebody that is theatrical on the field. You don't see him engaging in 
taunting for the type of celebration that frankly glorifies the 
individual at the expense of the team. You see him lead by example.
  And all of his fellow players comment on this repeatedly, that in the 
huddle, he's quiet, he's professional, he's business-like, he's quick 
to give the credit to the people that he plays with; and, frankly, he's 
quick to give the credit to his opponents who he regards with respect 
and as worthy adversaries and people who bring their own traits of hard 
work and character to the field.
  The relationship that he had with not only Mr. Tebow but also with 
our rivals in the south, Colton McCoy of the University of Texas, is 
the kind of relationship you like to see on the football field, and 
frankly probably something all of us in this Chamber could take a 
lesson from.
  I doubt there is any fiercer rivalry in college football than there 
is between the University of Texas and the University of Oklahoma. And 
I also doubt that there are any two schools that are prouder of their 
two quarterbacks, and I also doubt there are any two quarterbacks that 
respect one another's talents more and are quick to praise the other's 
achievements not only over the course of the season but in the contest 
in which they're in.
  So we are extraordinarily proud, obviously, of Sam Bradford, Mr. 
Speaker, because he's led us to victory on the athletic field, because 
he's been a student; because, frankly, he's engaged in

[[Page 3366]]

activities beyond being an athlete and beyond being a student to help 
others and to help his community, because of his Native American 
heritage. But most of all, simply because of the kind of person that he 
is.
  He's a role model not just in athletics and not just from my State 
but, frankly, he's the kind of person that all of us should aspire to 
be. And he's wise beyond his years, and he conducts himself in a manner 
well beyond his years.
  With that, again, I thank my colleague, Ms. Fallin from the State of 
Oklahoma, for bringing this resolution. It's a privilege for me to 
speak on it.
  Mr. SABLAN. Does the gentleman from Kentucky have any further 
speakers?
  Mr. GUTHRIE. I have no further speakers, Mr. Speaker.
  Mr. Speaker, I support this resolution, House Resolution 60, and urge 
my colleagues to join me in voting ``yes.''
  I yield back the balance of my time.
  Mr. SABLAN. Mr. Speaker, once again I congratulate University of 
Oklahoma quarterback Sam Bradford for his outstanding year, and I urge 
my colleagues to pass this resolution.
  Mr. BOREN. Mr. Speaker, I rise today to honor Sam Bradford and the 
entire OU Football team on their success, both individually and as a 
team, in the '08-'09 season.
  Sam would be the first person to remind you that one doesn't win an 
award like the Heisman Trophy without the hard work, determination, and 
success of your fellow teammates, coaches, and staff.
  He has said as much on many occasions. But in this instance, Sam 
Bradford also deserves special recognition for his poised leadership 
and his dedication to excellence on and off the field.
  His exceptional play is matched only by the outstanding example that 
he sets for young student-athletes in Oklahoma and across the nation.
  Congratulations, Sam, on winning the 2008-2009 Heisman Trophy.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H. Res. 
60 ``Recognizing and commending University of Oklahoma Quarterback Sam 
Bradford for winning the 2008 Heisman Trophy and for his academic and 
athletic accomplishments.'' I want to thank my colleague Congresswoman 
Mary Fallin of Oklahoma, for introducing this resolution.
  Sam Bradford of the University of Oklahoma was selected as the 74th 
winner of the Heisman Memorial Trophy as the Most Outstanding College 
Football Player in the United States for 2008. Bradford, Oklahoma's 
amazingly accurate and quick-thinking passer, won the Heisman Trophy 
after leading the highest-scoring team in major college history to the 
BCS title game.
  Bradford hails from Oklahoma City, OK. This year, he completed 302 of 
his 442 passes this year, which amounted to 4,464 yards and 48 
touchdowns while throwing only 6 interceptions during the regular 
season. He also rushed for 5 touchdowns.
  While leading the highest scoring offense in the history of Division 
I College Football, Bradford broke the Oklahoma season and career 
touchdown records both previously held by 2003 Heisman winner Jason 
White. Bradford's 84 career touchdowns are the most ever for a player 
at the end of his sophomore season.
  The Big 12 Athletic Conference was at the epicenter of college 
football this season, with both the national championship race and 
Heisman chase turning weekly on games played by its three powerhouse 
teams, including the pride of Texas, the University of Texas Longhorns. 
Bradford is the fifth Oklahoma player to win the award, and second 
during coach Bob Stoops' 10 seasons with the Sooners.
  Mr. Bradford is not only outstanding on the football field, but he is 
a scholar in the classroom as well. He puts the student in student-
athlete, as he has outstanding academics as a finance major. One of his 
professors acknowledged that ``without reservation, if all of my 
students were like Sam, my job would be really easy.''
  Even though Sam Bradford was victorious over Quarterback Colt McCoy 
of my beloved University of Texas Longhorns, I extend my hand of 
congratulations on this wonderful accomplishment of winning the Heisman 
Trophy.
  I know that Congresswoman Fallin and the other Representatives from 
the State of Oklahoma are quite proud of this amazing feat.
  Mr. Speaker, this commendation today recognizes Sam Bradford from the 
University of Oklahoma, and his 2008 Heisman Trophy win. This 
resolution also notes the extraordinary commitment and daily sacrifices 
made by this exceptional young man. I urge my colleagues to support 
this resolution.
  Mr. SABLAN. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Northern Mariana Islands (Mr. Sablan) that the House 
suspend the rules and agree to the resolution, H. Res. 60.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SABLAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________




             AIRLINE FLIGHT CREW TECHNICAL CORRECTIONS ACT

  Mr. BISHOP of New York. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 912) to amend the Family and Medical Leave Act of 
1993 to clarify the eligibility requirements with respect to airline 
flight crews.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 912

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Airline Flight Crew 
     Technical Corrections Act''.

     SEC. 2. LEAVE REQUIREMENT FOR AIRLINE FLIGHT CREWS.

       (a) Inclusion of Airline Flight Crews.--Section 101(2) of 
     the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) 
     is amended by adding at the end the following:
       ``(D) Airline flight crews.--
       ``(i) Determination.-- For purposes of determining whether 
     an employee who is a flight attendant or flight crewmember 
     (as such terms are defined in regulations of the Federal 
     Aviation Administration) meets the hours of service 
     requirement specified in subparagraph (A)(ii), the employee 
     will be considered to be eligible if--

       ``(I) the employee has worked or been paid for 60 percent 
     of the applicable monthly guarantee, or the equivalent 
     annualized over the preceding 12-month period; and
       ``(II) the employee has worked or been paid for a minimum 
     of 504 hours during the preceding 12-month period.

       ``(ii) Definition.--As used in this subparagraph, the term 
     `applicable monthly guarantee' means--

       ``(I) for employees described in clause (i) other than 
     employees on reserve status, the minimum number of hours for 
     which an employer has agreed to schedule such employees for 
     any given month; and
       ``(II) for employees described in clause (i) who are on 
     reserve status, the number of hours for which an employer has 
     agreed to pay such employees on reserve status for any given 
     month,

     as established in the collective bargaining agreement, or if 
     none exists in the employer's policies. Each employer of an 
     employee described in clause (i) shall maintain on file with 
     the Secretary (in accordance with regulations the Secretary 
     may prescribe) the applicable monthly guarantee with respect 
     to each category of employee to which such guarantee 
     applies.''.
       (b) Calculation of Leave for Airline Flight Crews.--Section 
     102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2612(a)) is amended by adding at the end the following:
       ``(5) Calculation of leave for airline flight crews.--The 
     Secretary may provide, by regulation, a method for 
     calculating the leave described in paragraph (1) with respect 
     to employees described in section 101(2)(D).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Bishop) and the gentleman from Kentucky (Mr. Guthrie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. BISHOP of New York. Mr. Speaker, I request 5 legislative days 
during which Members may revise and extend and insert extraneous 
material on H.R. 912 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. BISHOP of New York. Mr. Speaker, I yield myself as much time as I 
may consume.

[[Page 3367]]

  Mr. Speaker, I want to start by thanking Chairman Miller for 
supporting this bill and for helping to bring it to the floor so 
quickly. I would also like to thank Representative McCotter for being 
the lead Republican cosponsor of the bill, as well as my colleagues who 
have cosponsored this bill. In the 110th Congress, this bill passed by 
an overwhelming majority, 409-2. This legislation submitted today is 
identical to the measure that passed in the 110th Congress, and I hope 
it once again receives the strong support it did in the last Congress.
  H.R. 912 simply states that an airline crew member will be eligible 
for Family Medical Leave Act benefits if they have been paid for or 
completed 60 percent of their company's monthly hour or trip guarantee 
and have worked 504 hours.
  The Family Medical Leave Act, or FMLA, has been a great program for 
working families in this country since it was passed in 1993. No one 
can question the benefit it has provided for working men and women by 
being able to take time off from work to care for themselves or for 
their family members.
  The intent of the law was to provide for 12 weeks of unpaid leave if 
an employee had worked 60 percent of a full-time schedule over the past 
year, which equates to about 1,250 hours per year. Therefore, in order 
to qualify for FMLA coverage, an employee has to have logged in at 
least 1,250 hours over a 12-month period to be eligible.
  While 1,250 hours adequately reflects 60 percent of a normal full-
time schedule for the vast majority of employees in this country, that 
equation does not work for flight attendants and pilots. Flight 
attendants and pilots work under the Railway Labor Act rather than the 
Fair Labor Standards Act, which covers most 9:00 to 5:00 workers.
  Time between flights, whether during the day or on overnight/
layovers, is based on company scheduling requirements and needs but 
does not count towards crew member time at work. Flight attendants and 
pilots can spend up to 4 to 5 days a week away from home and family due 
to the nature of their job; however, all of these hours will not count 
towards qualification.
  The courts have strictly interpreted the law and insisted that crew 
members must abide by the 1,250 hours for qualification, even though 
the intent of the law was to work 60 percent of a full-time schedule.
  Thus, airline flight crews have been left out of what was once a 
legislation that was intended to cover them. Therefore, a technical 
correction is needed to ensure that FMLA benefits are extended to these 
employees. This legislation seeks to clarify the original intent of the 
law.
  This legislation brings these transportation workers in line with the 
intent of the original legislation and as promised when the law was 
passed.
  Last year, during a committee hearing, we heard from Jennifer Hunt, a 
flight attendant for U.S. Airways. Jennifer was denied FMLA benefits 
when she applied to take time off to care for her ill husband, an Iraq 
War vet. Jennifer, unfortunately, like many other flight attendants and 
pilots as well, did not meet the hourly requirements and, thus, was 
denied coverage.
  Again, I thank the chairman for his support in bringing this 
legislation to the floor, and I urge the support of my colleagues.
  I reserve the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I rise in support of H.R. 912, the Airline 
Flight Crew Technical Corrections Act, and I yield myself such time as 
I consume.
  Mr. Speaker, we just heard this bill is needed to address a very 
narrow, very specific concern. At issue is the fact that some airline 
personnel are subject to a unique scheduling process in which they are 
paid for being on-call but, in some cases, are not credited with those 
hours in the calculation used for Family Medical Leave Act eligibility. 
The practical impact of this technicality is that some flight crew 
personnel may work a full-time schedule but fail to qualify for family 
and medical leave. This is a real concern for those grappling with 
health conditions or family obligations.
  Many Members have been uneasy about efforts to open the Family 
Medical Leave Act for small changes when it is clear that broader 
reforms are necessary. The FMLA has worked well for 16 years, offering 
workers the flexibility to tend to their own health or to care for a 
loved one in their time of need without fear of losing their job.
  But despite the law's many successes, it has also become clear that 
changes are needed. The realities of today's workplaces are different 
than those of a decade and a half ago. Courts have offered evolving 
interpretations, and as is often the case with such a sweeping change 
to employment law, there have been unintended consequences for both 
employers and employees.
  I know the majority has worked with Members on our side of the aisle 
to craft this legislation carefully and to avoid some of the pitfalls 
that could come with piecemeal reform of the FMLA. I want to thank them 
for ensuring this bill does exactly what it intends, no more and no 
less.
  Mr. Speaker, the bill before us today is an important opportunity to 
extend the protections of the FMLA to flight crew who might otherwise 
be denied benefits under the law. I hope we can follow the example set 
with this legislation and work together to find sensible solutions to 
the challenges facing all of America's working families.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1630

  Mr. BISHOP of New York. Does the gentleman from Kentucky have any 
further speakers?
  Mr. GUTHRIE. No, Mr. Speaker.
  Mr. BISHOP of New York. Mr. Speaker, I continue to reserve.
  Mr. GUTHRIE. Mr. Speaker, I support this narrowly crafted legislation 
and urge my colleagues to join me in voting ``yes.''
  I yield back the balance of my time.
  Mr. BISHOP of New York. Mr. Speaker, in closing, let me just say that 
the extent to which the two sides cooperated on this bill I think 
serves as a model for the way that legislation can go forward in this 
Chamber. We worked together very cooperatively both at the staff level 
and at the member level to work out issues that existed that were 
sources of concern to various members. We were able to do that. And as 
I say, in the last Congress, we only had two dissenting votes.
  I am hopeful that we will have similar support in this Congress, and 
I am also very hopeful that this measure, which last Congress was 
stalled in the Senate, this year will receive a somewhat better fate in 
the Senate so that we can act to correct this very narrow omission, if 
you will, in what is an otherwise very good law.
  With that, Mr. Speaker, I urge the support of my colleagues.
  Mr. McCOTTER. Mr. Speaker, I rise in support of the Airline Flight 
Crew Technical Corrections Act. In 1993, Congress passed the Family 
Medical Leave Act (FMLA) which provided up to 12 weeks of unpaid leave 
for employees to care for themselves or family members if the employee 
worked 1,250 hours (or 60 percent of a full time schedule for most 9-5 
employees). Since then, the FMLA has provided many individuals and 
working families in my district and around the country an opportunity 
to provide for themselves and family members during medical 
emergencies.
  As intended, the FMLA provides full-time workers unpaid leave in 
medical emergencies, however due to a United States District Court 
ruling, airline flight crew are largely ineligible to FMLA benefits. 
Specifically, the court created an insurmountable obstacle for flight 
crews by deciding flight attendants and pilots can only count in flight 
hours towards the 1,250 hours required to qualify for the FMLA 
benefits. Typically, flight time only accounts for a portion of flight 
crew's paid working hours. Between flights, airlines require flight 
attendants and pilots to spend numerous hours ``on call'' and away from 
their families. While airlines compensate flight crews for their time 
``on call,'' under the FMLA flight crews remain ineligible to receive 
benefits.
  This is blatantly unfair.
  To correct this oversight and restore the original intent of the 
FMLA, Representative Tim Bishop introduced the Airline Flight Crew 
Technical Corrections Act. I commend Representative Bishop for his 
leadership and I am proud to join him in ensuring flight crews are not 
penalized for working in an industry which does not run on a 9-5 
schedule.

[[Page 3368]]

  If enacted, the Airline Flight Crew Technical Corrections Act will 
extend FMLA eligibility to airline flight crews who work 60 percent of 
a full time schedule at their airline. Importantly, upon enactment over 
200,000 full-time flight crew personnel will be able to receive FMLA 
benefits. Thus, Mr. Speaker I urge the immediate passage of the Airline 
Flight Crew Technical Corrections Act.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 912, the ``Airline Flight Crew Technical Corrections Act.'' I 
thank my colleague Congressman Timothy Bishop from New York, for 
sponsoring this important resolution, I urge my colleagues to support 
this legislation.
  Mr. Speaker, H.R. 912, the Airline Flight Crew Technical Corrections 
Act, is an amendment to the Family and Medical Leave Act of 1993. This 
resolution addresses the hours-of-service requirement airline flight 
crews must meet to be eligible for leave under such Act.
  The Family and Medical Leave Act (FMLA) is a law that helps many 
workers be compensated when they must leave their work for an 
emergency. But airline workers do not meet the qualifications to get 
these benefits because their hours are calculated differently than most 
wage earners'.
  Flight attendants spend only a part of their job in the skies, but 
that time in the sky is all that is recorded for determining their FMLA 
benefits. Flight attendants need H.R. 912, the Airline Flight Crew 
Technical Corrections Act, to be enacted so that they can be covered by 
the FMLA. Importantly, the bill would expand an existing private-sector 
mandate on employers by requiring them to allow additional employees to 
take up to 12 work-weeks of unpaid leave for certain family and medical 
reasons.
  As a member of the Committee on Homeland Security and Chairwoman of 
the Subcommittee on Transportation Security and Infrastructure 
Protection, I am familiar with the pressures and expectations placed 
upon flight crews. Crewmembers work long inconvenient hours with little 
to no consistency in their workday.
  H.R. 912, the Airline Flight Crew Technical Corrections Act, will 
give them that consistency that their career fails to provide. This 
legislation will set a standard for granting flight crew leave based on 
a measurable hours of service standard. Flight crew members will meet 
eligibility requirements if they meet 60% of the applicable monthly 
guarantee, or the equivalent annualized over the preceding 12-month 
period, or a total of 504 during that same period.
  This would give flight crews a fair opportunity to receive the same 
benefits that are afforded to all other parties covered previously in 
the Family and Medical Leave Act of 1993. In the past weeks, Americans 
have seen and heard firsthand from the crew of flight 1549 and how they 
can react when all odds are against them. The flight crew's ability to 
react in time of emergency is clear and it is our job as members of 
Congress to ensure them that if and when they should be struck by 
personal crisis they will be able to take the necessary time off in 
order to fully tend to their family or their own situation. Situations 
already described in the Family and Medical Leave Act of 1993 are as 
follows: For the birth and care of the newborn child of the employee; 
for placement with the employee of a son or daughter for adoption or 
foster care; to care for an immediate family member (spouse, child, or 
parent) with a serious health condition; or to take medical leave when 
the employee is unable to work because of a serious health condition.
  How do we tell these employees that their hard work does not give 
them the ability to care for their families in time of need? This is a 
promise we must keep.
  Mr. Speaker, as a strong supporter of the rights of Transportation 
Security Administration employees I urge my colleagues to join me in 
supporting the Airline Flight Crew Technical Corrections Act. This bill 
will make the benefits given to flight crew members equal to those 
already covered under the Family and Medical Leave Act of 1993.
  Mr. BISHOP of New York. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Bishop) that the House suspend the rules 
and pass the bill, H.R. 912.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




          RESIGNATION AS MEMBER OF COMMITTEE ON ARMED SERVICES

  The SPEAKER pro tempore laid before the House the following 
resignation as a member of the Committee on Armed Services:

                                               Washington, DC,

                                                 February 5, 2009.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Speaker Pelosi: This letter is to inform you that I 
     will be taking a leave of absence from my position on the 
     House Armed Services Committee (HASC); however, I reserve the 
     right to retain my seniority on HASC during my service on the 
     House Permanent Select Committee on Intelligence.
       Please do not hesitate to contact me or my Chief of Staff, 
     Jason Buckner, with any questions or concerns.
           Respectfully yours,
                                                        Dan Boren,
                                               Member of Congress.

  The SPEAKER pro tempore. Without objection, the resignation is 
accepted.
  There was no objection.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, and under a previous order of the House, the following 
Members will be recognized for 5 minutes each.

                          ____________________




  PUBLICATION OF THE RULES OF THE COMMITTEE ON HOUSE ADMINISTRATION, 
                             111TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Pennsylvania (Mr. Brady) is recognized for 5 minutes.
  Mr. BRADY of Pennsylvania. Madam Speaker, pursuant to clause 2(a)(2) 
of Rule XI of the rules of the House of Representatives, I submit the 
Rules of the Committee on House Administration for the 111th Congress 
for printing in the Congressional Record. The committee rules were 
adopted by voice vote, with a quorum present, at the organizational 
meeting of Tuesday, January 27, 2009.

 Rules of the Committee on House Administration, One Hundred Eleventh 
                                Congress


                     Rule No. 1: GENERAL PROVISIONS

       (a) The Rules of the House are the rules of the Committee 
     so far as applicable, except that a motion to recess from day 
     to day is a privileged motion in the Committee. Each 
     subcommittee of the committee is a part of the committee and 
     is subject to the authority and direction of the chair and to 
     its rules as far as applicable.
       (b) The Committee is authorized at any time to conduct such 
     investigations and studies as it may consider necessary or 
     appropriate in the exercise of its responsibilities under 
     House Rule X and, subject to the adoption of expense 
     resolutions as required by House Rule X, clause 6, to incur 
     expenses (including travel expenses) in connection therewith.
       (c) The Committee is authorized to have printed and bound 
     testimony and other data presented at hearings held by the 
     Committee, and to make such information available to the 
     public. All costs of stenographic services and transcripts in 
     connection with any meeting or hearing of the Committee shall 
     be paid from the appropriate House account.
       (d) The Committee shall submit to the House, not later than 
     January 2 of each odd-numbered year, a report on the 
     activities of the committee under House Rules X and XI during 
     the Congress ending at noon on January 3 of such year.
       (e) The Committee's rules shall be published in the 
     Congressional Record not later than 30 days after the 
     Committee is elected in each odd-numbered year.


                Rule No. 2: REGULAR AND SPECIAL MEETINGS

       (a) The regular meeting date of the Committee on House 
     Administration shall be the second Wednesday of every month 
     when the House is in session in accordance with Clause 2(b) 
     of House Rule XI. Additional meetings may be called by the 
     Chair of the Committee as she or he may deem necessary or at 
     the request of a majority of the members of the Committee in 
     accordance with Clause 2(c) of House Rule XI. The 
     determination of the business to be considered at each 
     meeting shall be made by the Chair subject to Clause 2(c) of 
     House Rule XI. A regularly scheduled meeting may be dispensed 
     with if, in the judgment of the Chair, there is no need for 
     the meeting.
       (b) If the Chair is not present at any meeting of the 
     Committee, or at the discretion of the Chair, the Vice Chair 
     of the Committee shall preside at the meeting. If the Chair 
     and Vice Chair of the Committee are not present at any 
     meeting of the Committee, the ranking member of the majority 
     party who is present shall preside at the meeting.


                       Rule No. 3: OPEN MEETINGS

       As required by Clause 2(g), of House Rule XI, each meeting 
     for the transaction of business, including the markup of 
     legislation of the Committee shall be open to the public

[[Page 3369]]

     except when the Committee in open session and with a quorum 
     present determines by record vote that all or part of the 
     remainder of the meeting on that day shall be closed to the 
     public because disclosure of matters to be considered would 
     endanger national security, would compromise sensitive law 
     enforcement information, or would tend to defame, degrade or 
     incriminate any person, or otherwise would violate any law or 
     rule of the House: Provided, however, that no person other 
     than members of the Committee, and such congressional staff 
     and such other persons as the Committee may authorize, shall 
     be present in any business or markup session which has been 
     closed to the public.


                   Rule No. 4: RECORDS AND ROLLCALLS

       (a)(1) A record vote shall be held if requested by any 
     member of the Committee.
       (a)(2) The result of each record vote in any meeting of the 
     Committee shall be made available for inspection by the 
     public at reasonable times at the Committee offices, 
     including a description of the amendment, motion, order or 
     other proposition; the name of each member voting for and 
     against; and the members present but not voting.
       (a)(3) The Chairman shall make the record of the votes on 
     any question on which a record vote is demanded available on 
     the Committee's website not later than two calendar days 
     after such vote is taken (excluding Saturdays, Sundays, and 
     legal holidays). Such record shall include a description of 
     the amendment, motion, order, or other proposition, the name 
     of each member voting for and each member voting against such 
     amendment, motion, order, or proposition, and the names of 
     those members of the committee present but not voting.
       (b)(1) Subject to subparagraph (2), the Chair may postpone 
     further proceedings when a record vote is ordered on the 
     question of approving any measure or matter or adopting an 
     amendment. The Chair may resume proceedings on a postponed 
     request at any time.
       (2) In exercising postponement authority under subparagraph 
     (1), the Chair shall take all reasonable steps necessary to 
     notify members on the resumption of proceedings on any 
     postponed record vote.
       (3) When proceedings resume on a postponed question, 
     notwithstanding any intervening order for the previous 
     question, an underlying proposition shall remain subject to 
     further debate or amendment to the same extent as when the 
     question was postponed.
       (c) All Committee and subcommittee hearings, records, data, 
     charts, and files shall be kept separate and distinct from 
     the congressional office records of the member serving as 
     Chair; and such records shall be the property of the House 
     and all members of the House shall have access thereto.
       (d) House records of the Committee which are at the 
     National Archives shall be made available pursuant to House 
     Rule VII. The Chair shall notify the ranking minority member 
     of any decision to withhold a record pursuant to the rule, 
     and shall present the matter to the Committee upon written 
     request of any Committee member.
       (e) To the maximum extent feasible, the Committee shall 
     make its publications available in electronic form.


                          Rule No. 5: PROXIES

       No vote by any member in the Committee may be cast by 
     proxy.


            Rule No. 6: POWER TO SIT AND ACT; SUBPOENA POWER

       (a) For the purpose of carrying out any of its functions 
     and duties under House Rules X and XI, the Committee or any 
     subcommittee thereof is authorized (subject to subparagraph 
     (b)(1) of this paragraph)--
       (1) to sit and act at such times and places within the 
     United States, whether the House is in session, has recessed, 
     or has adjourned, and to hold such hearings; and
       (2) to require, by subpoena or otherwise, the attendance 
     and testimony of such witnesses and the production of such 
     books, records, correspondence, memorandums, papers, 
     documents and other materials as it deems necessary, 
     including materials in electronic form. The Chair, or any 
     member designated by the Chair, may administer oaths to any 
     witness.
       (b)(1) A subpoena may be authorized and issued by the 
     Committee or subcommittee in the conduct of any investigation 
     or series of investigations or activities, only when 
     authorized by a majority of the members voting, a majority 
     being present. The power to authorize and issue subpoenas 
     under subparagraph (a)(2) may be delegated to the Chair 
     pursuant to such rules and under such limitations as the 
     Committee may prescribe. Authorized subpoenas shall be signed 
     by the Chair or by any member designated by the Committee, 
     and may be served by any person designated by the Chair or 
     such member.
       (2) Compliance with any subpoena issued by the Committee or 
     a subcommittee may be enforced only as authorized or directed 
     by the House.


                          Rule No. 7: QUORUMS

       No measure or recommendation shall be reported to the House 
     unless a majority of the Committee is actually present. For 
     the purposes of taking any action other than reporting any 
     measure, issuance of a subpoena, closing meetings, 
     promulgating Committee orders, or changing the rules of the 
     Committee, one-third of the members of the Committee shall 
     constitute a quorum. For purposes of taking testimony and 
     receiving evidence, two members shall constitute a quorum.


                         Rule No. 8: AMENDMENTS

       Any amendment offered to any pending legislation before the 
     Committee or a subcommittee must be made available in written 
     form when requested by any member of the Committee. If such 
     amendment is not available in written form when requested, 
     the Chair will allow an appropriate period of time for the 
     provision thereof.


                     Rule No. 9: HEARING PROCEDURES

       (a) The Chair, in the case of hearings to be conducted by 
     the Committee, and the appropriate subcommittee chair, in the 
     case of hearings to be conducted by a subcommittee, shall 
     make public announcement of the date, place, and subject 
     matter of any hearing to be conducted on any measure or 
     matter at least one (1) week before the commencement of that 
     hearing. If the Chair, with the concurrence of the ranking 
     minority member, determines that there is good cause to begin 
     the hearing sooner, or if the Committee so determines by 
     majority vote, a quorum being present, the Chair shall make 
     the announcement at the earliest possible date. The clerk of 
     the Committee shall promptly notify the Daily Digest Clerk of 
     the Congressional Record as soon as possible after such 
     public announcement is made.
       (b) Unless excused by the Chair, each witness who is to 
     appear before the Committee or a subcommittee shall file with 
     the clerk of the Committee, at least 48 hours in advance of 
     his or her appearance, a written statement of his or her 
     proposed testimony and shall limit his or her oral 
     presentation to a summary of his or her statement.
       (c) When any hearing is conducted by the Committee upon any 
     measure or matter, the minority party members on the 
     Committee shall be entitled, upon request to the Chair by a 
     majority of those minority members before the completion of 
     such hearing, to call witnesses selected by the minority to 
     testify with respect to that measure or matter during at 
     least one day of hearings thereon.
       (d) Any member of the Committee may, if a subcommittee 
     grants unanimous consent for a specific hearing, be permitted 
     to sit during that hearing with a subcommittee on which he or 
     she does not serve, but no member who has not been elected to 
     a subcommittee shall count for a quorum, offer any measure, 
     motion, or amendment, or vote on any matter before that 
     subcommittee.
       (e) Committee or subcommittee members may question 
     witnesses only when they have been recognized by the Chair 
     for that purpose, and only for a 5-minute period until all 
     members present have had an opportunity to question a 
     witness. The 5-minute period for questioning a witness by any 
     one member can be extended as provided by House Rules. The 
     questioning of a witness in Committee or subcommittee 
     hearings shall be initiated by the Chair, followed by the 
     ranking minority member and all other members alternating 
     between the majority and minority. In recognizing members to 
     question witnesses in this fashion, the Chair shall take into 
     consideration the ratio of the majority to minority members 
     present and shall establish the order of recognition for 
     questioning in such a manner as not to disadvantage the 
     members of the majority. The Chair may accomplish this by 
     recognizing two majority members for each minority member 
     recognized.
       (f) The following additional rules shall apply to hearings 
     of the Committee or a subcommittee, as applicable:
       (1) The Chair at a hearing shall announce in an opening 
     statement the subject of the investigation.
       (2) A copy of the Committee rules and this clause shall be 
     made available to each witness as provided by clause 2(k)(2) 
     of Rule XI.
       (3) Witnesses at hearings may be accompanied by their own 
     counsel for the purpose of advising them concerning their 
     constitutional rights.
       (4) The Chair may punish breaches of order and decorum, and 
     of professional ethics on the part of counsel, by censure and 
     exclusion from the hearings; and the Committee may cite the 
     offender to the House for contempt.
       (5) If the Committee determines that evidence or testimony 
     at a hearing may tend to defame, degrade, or incriminate any 
     person, it shall--
       (A) afford such person an opportunity voluntarily to appear 
     as a witness;
       (B) receive such evidence or testimony in executive 
     session; and (C) receive and dispose of requests from such 
     person to subpoena additional witnesses.
       (6) Except as provided in subparagraph (f)(5), the Chair 
     shall receive and the Committee shall dispose of requests to 
     subpoena additional witnesses.
       (7) No evidence or testimony taken in executive session may 
     be released or used in public sessions without the consent of 
     the Committee.
       (8) In the discretion of the Committee, witnesses may 
     submit brief and pertinent sworn statements in writing for 
     inclusion in the record. The Committee is the sole judge of 
     the pertinence of testimony and evidence adduced at its 
     hearing.
       (9) A witness may obtain a transcript copy of his testimony 
     given at a public session or,

[[Page 3370]]

     if given at an executive session, when authorized by the 
     Committee.


       Rule No. 10: PROCEDURES FOR REPORTING MEASURES OR MATTERS

       (a)(1) It shall be the duty of the Chair to report or cause 
     to be reported promptly to the House any measure approved by 
     the Committee and to take or cause to be taken necessary 
     steps to bring the matter to a vote.
       (2) In any event, the report of the Committee on a measure 
     which has been approved by the Committee shall be filed 
     within 7 calendar days (exclusive of days on which the House 
     is not in session) after the day on which there has been 
     filed with the clerk of the Committee a written request, 
     signed by a majority of the members of the Committee, for the 
     reporting of that measure. Upon the filing of any such 
     request, the clerk of the Committee shall transmit 
     immediately to the Chair notice of the filing of that 
     request.
       (b)(1) No measure or recommendation shall be reported to 
     the House unless a majority of the Committee is actually 
     present.
       (2) With respect to each record vote on a motion to report 
     any measure or matter of a public character, and on any 
     amendment offered to the measure or matter, the total number 
     of votes cast for and against, and the names of those members 
     voting for and against, shall be included in the Committee 
     report on the measure or matter.
       (c) The report of the Committee on a measure or matter 
     which has been approved by the Committee shall include the 
     matters required by Clause 3(c) of Rule XIII of the Rules of 
     the House.
       (d) Each report of the Committee on each bill or joint 
     resolution of a public character reported by the Committee 
     shall include a statement citing the specific powers granted 
     to the Congress in the Constitution to enact the law proposed 
     by the bill or joint resolution.
       (e) If, at the time any measure or matter is ordered 
     reported by the Committee, any member of the Committee gives 
     notice of intention to file supplemental, minority, or 
     additional views, that member shall be entitled to not less 
     than two additional calendar days after the day of such 
     notice, commencing on the day on which the measure or 
     matter(s) was approved, excluding Saturdays, Sundays, and 
     legal holidays, in which to file such views, in writing and 
     signed by that member, with the clerk of the Committee. All 
     such views so filed by one or more members of the Committee 
     shall be included within, and shall be a part of, the report 
     filed by the Committee with respect to that measure or 
     matter. The report of the Committee upon that measure or 
     matter shall be printed in a single volume which--
       (1) shall include all supplemental, minority, or additional 
     views, in the form submitted, by the time of the filing of 
     the report, and
       (2) shall bear upon its cover a recital that any such 
     supplemental, minority, or additional views (and any material 
     submitted under subparagraph (c)) are included as part of the 
     report. This subparagraph does not preclude--
       (A) the immediate filing or printing of a Committee report 
     unless timely request for the opportunity to file 
     supplemental, minority, or additional views has been made as 
     provided by paragraph (c); or
       (B) the filing of any supplemental report upon any measure 
     or matter which may be required for the correction of any 
     technical error in a previous report made by the Committee 
     upon that measure or matter.
       (3) shall, when appropriate, contain the documents required 
     by Clause 3(e) of Rule XIII of the Rules of the House.
       (f) The Chair, following consultation with the ranking 
     minority member, is directed to offer a motion under clause 1 
     of Rule XXII of the Rules of the House, relating to going to 
     conference with the Senate, whenever the Chair considers it 
     appropriate.
       (g) If hearings have been held on any such measure or 
     matter so reported, the Committee shall make every reasonable 
     effort to have such hearings published and available to the 
     members of the House prior to the consideration of such 
     measure or matter in the House.
       (h) The Chair may designate any majority member of the 
     Committee to act as ``floor manager'' of a bill or resolution 
     during its consideration in the House.


                    Rule No. 11: COMMITTEE OVERSIGHT

       The Committee shall conduct oversight of matters within the 
     jurisdiction of the Committee in accordance with House Rule 
     X, clause 2 and clause 4. Not later than February 15 of the 
     first session of a Congress, the Committee shall, in a 
     meeting that is open to the public and with a quorum present, 
     adopt its oversight plan for that Congress in accordance with 
     House Rule X, clause 2(d).


   Rule No. 12: REVIEW OF CONTINUING PROGRAMS; BUDGET ACT PROVISIONS

       (a) The Committee shall, in its consideration of all bills 
     and joint resolutions of a public character within its 
     jurisdiction, ensure that appropriation for continuing 
     programs and activities of the Federal Government will be 
     made annually to the maximum extent feasible and consistent 
     with the nature, requirement, and objectives of the programs 
     and activities involved. For the purposes of this paragraph a 
     Government agency includes the organizational units of 
     government listed in Clause 4(e) of Rule X of House Rules.
       (b) The Committee shall review, from time to time, each 
     continuing program within its jurisdiction for which 
     appropriations are not made annually in order to ascertain 
     whether such program could be modified so that appropriations 
     therefore would be made annually.
       (c) The Committee shall, on or before February 25 of each 
     year, submit to the Committee on the Budget (1) its views and 
     estimates with respect to all matters to be set forth in the 
     concurrent resolution on the budget for the ensuing fiscal 
     year which are within its jurisdiction or functions, and (2) 
     an estimate of the total amounts of new budget authority, and 
     budget outlays resulting there from, to be provided or 
     authorized in all bills and resolutions within its 
     jurisdiction which it intends to be effective during that 
     fiscal year.
       (d) As soon as practicable after a concurrent resolution on 
     the budget for any fiscal year is agreed to, the Committee 
     (after consulting with the appropriate committee or 
     committees of the Senate) shall subdivide any allocation made 
     to it in the joint explanatory statement accompanying the 
     conference report on such resolution, and promptly report 
     such subdivisions to the House, in the manner provided by 
     section 302 of the Congressional Budget Act of 1974.
       (e) Whenever the Committee is directed in a concurrent 
     resolution on the budget to determine and recommend changes 
     in laws, bills, or resolutions under the reconciliation 
     process it shall promptly make such determination and 
     recommendations, and report a reconciliation bill or 
     resolution (or both) to the House or submit such 
     recommendations to the Committee on the Budget, in accordance 
     with the Congressional Budget Act of 1974.


      Rule No. 13: BROADCASTING OF COMMITTEE HEARINGS AND MEETINGS

       Whenever any hearing or meeting conducted by the Committee 
     is open to the public, those proceedings shall be open to 
     coverage by television, radio, and still photography, as 
     provided in Clause 4 of House Rule XI, subject to the 
     limitations therein. Operation and use of any Committee 
     Internet broadcast system shall be fair and nonpartisan and 
     in accordance with Clause 4(b) of rule XI and all other 
     applicable rules of the Committee and the House.


             Rule No. 14: COMMITTEE AND SUBCOMMITTEE STAFF

       The staff of the Committee on House Administration shall be 
     appointed as follows:
       (a) The staff shall be appointed by the Chair except as 
     provided in paragraph (b), and may be removed by the Chair, 
     and shall work under the general supervision and direction of 
     the Chair;
       (b) All staff provided to the minority party members of the 
     Committee shall be appointed by the ranking member, and may 
     be removed by the ranking minority member of the Committee, 
     and shall work under the general supervision and direction of 
     such member;
       (c) The appointment of all professional staff shall be 
     subject to the approval of the Committee as provided by, and 
     subject to the provisions of, clause 9 of Rule X of the Rules 
     of the House;
       (d) The Chair shall fix the compensation of all staff of 
     the Committee, after consultation with the ranking minority 
     member regarding any minority party staff, within the budget 
     approved for such purposes for the Committee.


                Rule No. 15: TRAVEL OF MEMBERS AND STAFF

       (a) Consistent with the primary expense resolution and such 
     additional expense resolutions as may have been approved, the 
     provisions of this rule shall govern travel of Committee 
     members and staff. Travel for any member or any staff member 
     shall be paid only upon the prior authorization of the Chair 
     or her or his designee. Travel may be authorized by the Chair 
     for any member and any staff member in connection with the 
     attendance at hearings conducted by the Committee and 
     meetings, conferences, and investigations which involve 
     activities or subject matter under the general jurisdiction 
     of the Committee. Before such authorization is given there 
     shall be submitted to the Chair in writing the following:
       (1) The purpose of the travel;
       (2) The dates during which the travel will occur;
       (3) The locations to be visited and the length of time to 
     be spent in each; and
       (4) The names of members and staff seeking authorization.
       (b)(1) In the case of travel outside the United States of 
     members and staff of the Committee for the purpose of 
     conducting hearings, investigations, studies, or attending 
     meetings and conferences involving activities or subject 
     matter under the legislative assignment of the committee, 
     prior authorization must be obtained from the Chair. Before 
     such authorization is given, there shall be submitted to the 
     Chair, in writing, a request for such authorization. Each 
     request, which shall be filed in a manner that allows for a 
     reasonable period of time for review before such travel is 
     scheduled to begin, shall include the following:

[[Page 3371]]

       (A) the purpose of the travel;
       (B) the dates during which the travel will occur;
       (C) the names of the countries to be visited and the length 
     of time to be spent in each;
       (D) an agenda of anticipated activities for each country 
     for which travel is authorized together with a description of 
     the purpose to be served and the areas of committee 
     jurisdiction involved; and
       (E) the names of members and staff for whom authorization 
     is sought.
       (2) At the conclusion of any hearing, investigation, study, 
     meeting or conference for which travel outside the United 
     States has been authorized pursuant to this rule, members and 
     staff attending meetings or conferences shall submit a 
     written report to the Chair covering the activities and other 
     pertinent observations or information gained as a result of 
     such travel.
       (c) Members and staff of the Committee performing 
     authorized travel on official business shall be governed by 
     applicable laws, resolutions, or regulations of the House and 
     of the Committee on House Administration pertaining to such 
     travel.


         Rule No. 16: NUMBER AND JURISDICTION OF SUBCOMMITTEES

       (a) There shall be two standing subcommittees, with party 
     ratios of members as indicated. Subcommittees shall have 
     jurisdictions as stated by these rules, may conduct oversight 
     over such subject matter, and may consider such legislation 
     as may be referred to them by the Chair. The names and 
     jurisdiction of the subcommittees shall be:
       (1) Subcommittee on Capitol Security--(2/1). Matters 
     pertaining to operations and security of the Congress, and of 
     the Capitol complex including the House wing of the Capitol, 
     the House Office Buildings, the Library of Congress, and 
     other policies and facilities supporting congressional 
     operations; the U.S. Capitol Police.
       (2) Subcommittee on Elections--(4/2). Matters pertaining to 
     the Federal Election Campaign Act, the Federal Contested 
     Elections Act, the Help America Vote Act, the National Voter 
     Registration Act, the Uniformed and Overseas Citizens 
     Absentee Voting Act, the Federal Voting Assistance Program, 
     the Bipartisan Campaign Reform Act, the Americans with 
     Disabilities Act (accessibility for voters with 
     disabilities), the Federal Elections Commission (FEC), the 
     Elections Assistance Commission (EAC), and other election 
     related issues.
       (b) No subcommittee shall meet during any full Committee 
     meeting or hearing.
       (c) The Chair may establish and appoint members to serve on 
     task forces of the Committee, to perform specific functions 
     for limited periods of time, as she or he deems appropriate.


         Rule No. 17: REFERRAL OF LEGISLATION TO SUBCOMMITTEES

       The Chair may refer legislation or other matters to a 
     subcommittee, or subcommittees, as she or he considers 
     appropriate. The Chair may discharge any subcommittee of any 
     matter referred to it.


             Rule No. 18: OTHER PROCEDURES AND REGULATIONS

       The Chair may establish such other procedures and take such 
     actions as may be necessary to carry out the foregoing rules 
     or to facilitate the effective operation of the committee.


           Rule No. 19: DESIGNATION OF CLERK OF THE COMMITTEE

       For the purposes of these rules and the Rules of the House 
     of Representatives, the staff director of the Committee shall 
     act as the clerk of the Committee.

                          ____________________




 PUBLICATION OF THE RULES OF THE COMMITTEE ON HOMELAND SECURITY, 111TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Mississippi (Mr. Thompson) is recognized for 5 minutes.
  Mr. THOMPSON of Mississippi. Madam Speaker, pursuant to Rule XI, 
Clause 2(a)(2) of the Rules of the House of Representatives, I 
respectfully submit the rules for the 111th Congress for the Committee 
on Homeland Security for publication in the Congressional Record. The 
Committee adopted these rules by unanimous consent, with a quorum being 
present, at our organizational meeting on February 4, 2009.

 Committee on Homeland Security, Committee Rules, Adopted February 4, 
                                  2009


                      rule i.--general provisions

       (A) Applicability of the Rules of the U.S. House of 
     Representatives.--The Rules of the U.S. House of 
     Representatives (the ``House'') are the rules of the 
     Committee on Homeland Security (the ``Committee'') and its 
     subcommittees insofar as applicable.
       (B) Applicability to Subcommittees.--Except where the terms 
     ``Full Committee'' and ``subcommittee'' are specifically 
     mentioned, the following rules shall apply to the Committee's 
     subcommittees and their respective Chairmen and Ranking 
     Minority Members to the same extent as they apply to the Full 
     Committee and its Chairman and Ranking Minority Member.
       (C) Appointments by the Chairman.--The Chairman shall 
     designate a Member of the Majority party to serve as Vice 
     Chairman of the Full Committee. The Vice Chairman of the Full 
     Committee shall preside at any meeting or hearing of the Full 
     Committee during the temporary absence of the Chairman. In 
     the absence of both the Chairman and Vice Chairman, the 
     Chairman's designee shall preside.
       (D) Recommendation of Conferees.--Whenever the Speaker of 
     the House is to appoint a conference committee on a matter 
     within the jurisdiction of the Full Committee, the Chairman 
     shall recommend to the Speaker of the House conferees from 
     the Full Committee. In making recommendations of Minority 
     Members as conferees, the Chairman shall do so with the 
     concurrence of the Ranking Minority Member of the Committee.
       (E) Motions to Disagree.--The Chairman is directed to offer 
     a motion under clause 1 of Rule XXII of the Rules of the 
     House whenever the Chairman considers it appropriate.
       (F) Committee Website.--The Chairman shall maintain an 
     official Committee website for the purposes of furthering the 
     Committee's legislative and oversight responsibilities, 
     including communicating information about the Committee's 
     activities to Committee Members, other Members, and the 
     public at large. The Ranking Minority Member may maintain a 
     similar website for the same purposes.


                       rule ii.--time of meetings

       (A) Regular Meeting Date.--The regular meeting date and 
     time for the transaction of business of the Full Committee 
     shall be on the first Wednesday that the House is in Session 
     each month, unless otherwise directed by the Chairman.
       (B) Additional Meetings.--At the discretion of the 
     Chairman, additional meetings of the Committee may be 
     scheduled for the consideration of any legislation or other 
     matters pending before the Committee or to conduct other 
     Committee business. The Committee shall meet for such 
     purposes pursuant to the call of the Chairman.
       (C) Consideration.--Except in the case of a special meeting 
     held under clause 2(c)(2) of House Rule XI, the determination 
     of the business to be considered at each meeting of the 
     Committee shall be made by the Chairman.


                   rule iii.--notice and publication

       (A) Notice.--
       (1) Hearings.--Pursuant to clause 2(g)(3) of rule XI of the 
     Rules of the House of Representatives, the Chairman of the 
     Committee shall make public announcement of the date, place, 
     and subject matter of any hearing before the Full Committee 
     or subcommittee at least one week before the commencement of 
     the hearing. However, if the Chairman of the Committee, with 
     the concurrence of the Ranking Minority Member, determines 
     that there is good cause to begin the hearing sooner, or if 
     the Committee so determines by majority vote, a quorum being 
     present for the transaction of business, the Chairman shall 
     make the announcement at the earliest possible date. The 
     names of all witnesses scheduled to appear at such hearing 
     shall be provided to Members no later than 48 hours prior to 
     the commencement of such hearing.
       (2) Meetings.--The date, time, place and subject matter of 
     any meeting, other than a hearing or a regularly scheduled 
     meeting, shall be announced at least 36 hours in advance of a 
     meeting, excluding Saturdays, Sundays, and Federal Holidays 
     except when the House is in session on such a day, to take 
     place on a day the House is in session, and 72 hours in 
     advance of a meeting, excluding Saturdays, Sundays, and 
     Federal Holidays except when the House is in session on such 
     a day, to take place on a day the House is not in session, 
     except in the case of a special meeting called under clause 
     2(c)(2) of House Rule XI. These notice requirements may be 
     waived by the Chairman with the concurrence of the Ranking 
     Minority Member.
       (a) Copies of any measure to be considered for approval by 
     the Committee at any meeting, including any mark, print or 
     amendment in the nature of a substitute shall be provided to 
     the Members at least 24 hours in advance.
       (b) The requirement in subsection (a) may be waived or 
     abridged by the Chairman, with advance notice to the Ranking 
     Minority Member.
       (3) Publication.--The meeting or hearing announcement shall 
     be promptly published in the Daily Digest portion of the 
     Congressional Record. To the greatest extent practicable, 
     meeting announcements shall be entered into the Committee 
     scheduling service of the House Information Resources.


           Rule IV.--OPEN MEETINGS AND HEARINGS; BROADCASTING

       (A) Open Meetings.--All meetings and hearings of the 
     Committee shall be open to the public including to radio, 
     television, and still photography coverage, except as 
     provided by Rule XI of the Rules of the House or when the 
     Committee, in open session and with a majority present, 
     determines by recorded vote that all or part of the remainder 
     of that hearing on that day shall be closed to the public 
     because disclosure of testimony, evidence, or other matters 
     to be considered

[[Page 3372]]

      would endanger the national security, compromise sensitive 
     law enforcement information, tend to defame, degrade or 
     incriminate a witness, or violate any law or rule of the 
     House of Representatives.
       (B) Broadcasting.--Whenever any hearing or meeting 
     conducted by the Committee is open to the public, the 
     Committee shall permit that hearing or meeting to be covered 
     by television broadcast, internet broadcast, print media, and 
     still photography, or by any of such methods of coverage, in 
     accordance with the provisions of clause 4 of Rule XI of the 
     Rules of the House. Operation and use of any Committee 
     operated broadcast system shall be fair and nonpartisan and 
     in accordance with clause 4(b) of Rule XI and all other 
     applicable rules of the Committee and the House. Priority 
     shall be given by the Committee to members of the Press 
     Galleries.
       (C) Transcripts.--A transcript shall be made of the 
     testimony of each witness appearing before the Committee 
     during a Committee hearing. All transcripts of meetings or 
     hearings that are open to the public shall be made available.


             Rule V.--PROCEDURES FOR MEETINGS AND HEARINGS

       (A) Opening Statements.--At any meeting of the Committee, 
     the Chairman and Ranking Minority Member shall be entitled to 
     present oral opening statements of five minutes each. Other 
     Members may submit written opening statements for the record. 
     The Chairman presiding over the meeting may permit additional 
     opening statements by other Members of the Full Committee or 
     of that subcommittee, with the concurrence of the Ranking 
     Minority Member.
       (B) The Five-Minute Rule.--The time any one Member may 
     address the Committee on any bill, motion, or other matter 
     under consideration by the Committee shall not exceed five 
     minutes, and then only when the Member has been recognized by 
     the Chairman, except that this time limit may be extended 
     when permitted by unanimous consent.
       (C) Postponement of Vote.--The Chairman may postpone 
     further proceedings when a record vote is ordered on the 
     question of approving any measure or matter or adopting an 
     amendment. The Chairman may resume proceedings on a postponed 
     vote at any time, provided that all reasonable steps have 
     been taken to notify Members of the resumption of such 
     proceedings. When proceedings resume on a postponed question, 
     notwithstanding any intervening order for the previous 
     question, an underlying proposition shall remain subject to 
     further debate or amendment to the same extent as when the 
     question was postponed.
       (D) Contempt Procedures.--No recommendation that a person 
     be cited for contempt of Congress shall be forwarded to the 
     House unless and until the Full Committee has, upon notice to 
     all its Members, met and considered the alleged contempt. The 
     person to be cited for contempt shall be afforded, upon 
     notice of at least 72 hours, an opportunity to state why he 
     or she should not be held in contempt prior to a vote of the 
     Full Committee, with a quorum being present, on the question 
     whether to forward such recommendation to the House. Such 
     statement shall be, in the discretion of the Chairman, either 
     in writing or in person before the Full Committee.


                          Rule VI.--WITNESSES

       (A) Questioning of Witnesses.--
       (1) Questioning of witnesses by Members will be conducted 
     under the five-minute rule unless the Committee adopts a 
     motion permitted by House Rule XI (2)(j)(2).
       (2) In questioning witnesses under the 5-minute rule, the 
     Chairman and the Ranking Minority Member shall first be 
     recognized. In a subcommittee meeting or hearing, the 
     Chairman and Ranking Minority Member of the Full Committee 
     are then recognized. All other Members that arrive before the 
     commencement of the meeting or hearing will be recognized in 
     the order of seniority on the Committee, alternating between 
     Majority and Minority Members. Committee Members arriving 
     after the commencement of the hearing shall be recognized in 
     order of appearance, alternating between Majority and 
     Minority Members, after all Members present at the beginning 
     of the hearing have been recognized. Each Member shall be 
     recognized at least once before any Member is given a second 
     opportunity to question a witness.
       (3) The Chairman, in consultation with the Ranking Minority 
     Member, or the Committee by motion, may permit an extension 
     of the period of questioning of a witness beyond five minutes 
     but the time allotted must be equally apportioned to the 
     Majority party and the Minority and may not exceed one hour 
     in the aggregate.
       (4) The Chairman, in consultation with the Ranking Minority 
     Member, or the Committee by motion, may permit Committee 
     staff of the Majority and Minority to question a witness for 
     a specified period of time, but the time allotted must be 
     equally apportioned to the Majority and Minority staff and 
     may not exceed one hour in the aggregate.
       (B) Minority Witnesses.--Whenever a hearing is conducted by 
     the Committee upon any measure or matter, the Minority party 
     Members on the Committee shall be entitled, upon request to 
     the Chairman by a Majority of those Minority Members before 
     the completion of such hearing, to call witnesses selected by 
     the Minority to testify with respect to that measure or 
     matter during at least one day of hearing thereon.
       (C) Oath or Affirmation.--The Chairman of the Committee or 
     any Member designated by the Chairman, may administer an oath 
     to any witness.
       (D) Statements by Witnesses.--
       (1) Consistent with the notice given, witnesses shall 
     submit a prepared or written statement for the record of the 
     proceedings (including, where practicable, an electronic 
     copy) with the Clerk of the Committee no less than 48 hours 
     in advance of the witness's appearance before the Committee. 
     Unless the 48 hour requirement is waived or otherwise 
     modified by the Chairman after consultation with the Ranking 
     Minority Member, the failure to comply with this requirement 
     may result in the exclusion of the written testimony from the 
     hearing record and/or the barring of an oral presentation of 
     the testimony.
       (2) To the greatest extent practicable, the written 
     testimony of each witness appearing in a non-governmental 
     capacity shall include a curriculum vitae and a disclosure of 
     the amount and source (by agency and program) of any Federal 
     grant (or subgrant thereof) or contract (or subcontract 
     thereof) received during the current fiscal year or either of 
     the two preceding fiscal years by the witness or by an entity 
     represented by the witness to the extent that such 
     information is relevant to the subject matter of, and the 
     witness' representational capacity at, the hearing.


                           Rule VII.--QUORUM

       Quorum Requirements.--Two Members shall constitute a quorum 
     for purposes of taking testimony and receiving evidence. One-
     third of the Members of the Committee shall constitute a 
     quorum for conducting business, except for (1) reporting a 
     measure or recommendation; (2) closing Committee meetings to 
     the public, pursuant to Committee Rule IV; (3) authorizing 
     the issuance of subpoenas; and (4) any other action for which 
     an actual majority quorum is required by any rule of the 
     House of Representatives or by law. The Chairman shall make 
     reasonable efforts, including consultation with the Ranking 
     Minority Member when scheduling meetings and hearings, to 
     ensure that a quorum for any purpose will include at least 
     one Minority Member of the Committee.


                          Rule VIII.--DECORUM

       (A) Breaches of Decorum.--The Chairman may punish breaches 
     of order and decorum, by censure and exclusion from the 
     hearing; and the Committee may cite the offender to the House 
     for contempt.
       (B) Access to Dais.--Access to the dais before, during, and 
     after a hearing, markup, or other meeting of the Committee 
     shall be limited to Members and Staff of the Committee. 
     Subject to availability of space on the dais, Committee 
     Members' personal staff may be present on the dais during a 
     hearing if their employing Member is seated on the dais and 
     during a markup or other meeting if their employing Member is 
     the author of a measure or amendment under consideration by 
     the Committee, but only during the time that the measure or 
     amendment is under active consideration by the Committee, or 
     otherwise at the discretion of the Chairman or Ranking 
     Minority Member.
       (C) Wireless Communications Use Prohibited.--During a 
     hearing, mark-up, or other meeting of the Committee, ringing 
     or audible sounds or conversational use of cellular 
     telephones or other electronic devices is prohibited in the 
     Committee room.


                        RULE IX.--SUBCOMMITTEES

       (A) Generally.--The Full Committee shall be organized into 
     the following six standing subcommittees:
       (1) Subcommittee on Border, Maritime, and Global 
     Counterterrorism;
       (2) Subcommittee on Emergency Communications, Preparedness, 
     and Response;
       (3) Subcommittee on Transportation Security and 
     Infrastructure Protection;
       (4) Subcommittee on Intelligence, Information Sharing, and 
     Terrorism Risk Assessment;
       (5) Subcommittee on Emerging Threats, Cybersecurity, and 
     Science and Technology; and
       (6) Subcommittee on Management, Investigations, and 
     Oversight.
       (B) Selection and Ratio of Subcommittee Members.--The 
     Chairman and Ranking Minority Member of the Full Committee 
     shall select their respective Members of each subcommittee. 
     The ratio of Majority to Minority Members shall be comparable 
     to the Full Committee, except that each subcommittee shall 
     have at least two more Majority Members than Minority 
     Members.
       (C) Ex Officio Members.--The Chairman and Ranking Minority 
     Member of the Full Committee shall be ex officio members of 
     each subcommittee but are not authorized to vote on matters 
     that arise before each subcommittee. The Chairman and Ranking 
     Minority Member of the Full Committee shall not be counted to 
     satisfy the quorum requirement for any purpose other than 
     taking testimony unless they are regular members of that 
     subcommittee.

[[Page 3373]]

       (D) Powers and Duties of Subcommittees.--Except as 
     otherwise directed by the Chairman of the Full Committee, 
     each subcommittee is authorized to meet, hold hearings, 
     receive testimony, mark up legislation, and report to the 
     Full Committee on all matters within its purview. 
     Subcommittee Chairmen shall set hearing and meeting dates 
     only with the approval of the Chairman of the Full Committee. 
     To the greatest extent practicable, no more than one meeting 
     and hearing should be scheduled for a given time.
       (E) Special Voting Provision.--If a tie vote occurs in a 
     subcommittee on the question of reporting any measure to the 
     Full Committee, the measure shall be placed on the agenda for 
     Full Committee consideration as if it had been ordered 
     reported by the subcommittee without recommendation.


                       Rule X.--COMMITTEE PANELS

       (A) Designation.--The Chairman of the Full Committee, with 
     the concurrence of the Ranking Minority Member, may designate 
     a panel of the Committee consisting of members of the 
     Committee to inquire into and take testimony on a matter or 
     matters that warrant enhanced consideration and to report to 
     the Committee.
       (B) Duration.--No panel appointed by the Chairman shall 
     continue in existence for more than six months after the 
     appointment.
       (C) Party Ratios and Appointment.--Consistent with the 
     party ratios established by the Majority party, all Majority 
     members of the panels shall be appointed by the Chairman of 
     the Committee, and all Minority members shall be appointed by 
     the Ranking Minority Member of the Committee. The Chairman of 
     the Committee shall choose one of the Majority members so 
     appointed who does not currently chair another subcommittee 
     of the Committee to serve as Chairman of the panel. The 
     Ranking Minority Member of the Committee shall similarly 
     choose the Ranking Minority Member of the panel.
       (D) Ex-Officio Members.--The Chairman and Ranking Minority 
     Member of the Full Committee may serve as ex-officio Members 
     of each committee panel but are not authorized to vote on 
     matters that arise before a committee panel and shall not be 
     counted to satisfy the quorum requirement for any purpose 
     other than taking testimony.
       (E) Jurisdiction.--No panel shall have legislative 
     jurisdiction.
       (F) Applicability of Committee Rules.--Any designated panel 
     shall be subject to all Committee Rules herein.


                  Rule XI.--REFERRALS TO SUBCOMMITTEES

       Referral of Bills and Other Matters by Chairman.--Except 
     for bills and other matters retained by the Chairman for Full 
     Committee consideration, each bill or other matter referred 
     to the Full Committee shall be referred by the Chairman to 
     one or more subcommittees within two weeks of receipt by the 
     Committee. In referring any measure or matter to a 
     subcommittee, the Chair may specify a date by which the 
     subcommittee shall report thereon to the Full Committee. 
     Bills or other matters referred to subcommittees may be 
     reassigned or discharged by the Chairman.


                          RULE XII.--SUBPOENAS

       (A) Authorization.--Pursuant to clause 2(m) of Rule XI of 
     the House, a subpoena may be authorized and issued under the 
     seal of the House and attested by the Clerk of the House, and 
     may be served by any person designated by the Full Committee 
     for the furtherance of an investigation with authorization 
     by--
       (1) a majority of the Full Committee, a quorum being 
     present; or
       (2) the Chairman of the Full Committee, after consultation 
     with the Ranking Minority Member of the Full Committee, 
     during any period for which the House has adjourned for a 
     period in excess of 3 days when, in the opinion of the 
     Chairman of the Full Committee, authorization and issuance of 
     the subpoena is necessary to obtain the material or testimony 
     set forth in the subpoena. The Chairman of the Full Committee 
     shall notify Members of the Committee of the authorization 
     and issuance of a subpoena under this rule as soon as 
     practicable, but in no event later than one week after 
     service of such subpoena.
       (B) Disclosure.--Provisions may be included in a subpoena 
     with the concurrence of the Chairman and the Ranking Minority 
     Member of the Full Committee, or by the Committee, to prevent 
     the disclosure of the Full Committee's demands for 
     information when deemed necessary for the security of 
     information or the progress of an investigation, including 
     but not limited to prohibiting the revelation by witnesses 
     and their counsel of Full Committee's inquiries.
       (C) Subpoena duces tecum.--A subpoena duces tecum may be 
     issued whose return to the Committee Clerk shall occur at a 
     time and place other than that of a regularly scheduled 
     meeting.
       (D) Affidavits and Depositions.--The Chairman of the Full 
     Committee, in consultation with the Ranking Minority Member 
     of the Full Committee, or the Committee may authorize the 
     taking of an affidavit or deposition with respect to any 
     person who is subpoenaed under these rules but who is unable 
     to appear in person to testify as a witness at any hearing or 
     meeting. Notices for the taking of depositions shall specify 
     the date, time and place of examination. Depositions shall be 
     taken under oath administered by a Member or a person 
     otherwise authorized by law to administer oaths. Prior 
     consultation with the Ranking Minority Member of the Full 
     Committee shall include written notice three business days 
     before any deposition is scheduled to provide an opportunity 
     for Minority staff to be present during the questioning.


                      RULE XIII.--COMMITTEE STAFF

       (A) Generally.--Committee staff members are subject to the 
     provisions of clause 9 of House Rule X and must be eligible 
     to be considered for routine access to classified 
     information.
       (B) Staff Assignments.--For purposes of these rules, 
     Committee staff means the employees of the Committee, 
     detailees, fellows, or any other person engaged by contract 
     or otherwise to perform services for, or at the request of, 
     the Committee. All such persons shall be either Majority, 
     Minority, or shared staff. The Chairman shall appoint, 
     determine remuneration of, supervise, and may remove Majority 
     staff. The Ranking Minority Member shall appoint, determine 
     remuneration of, supervise, and may remove Minority staff. In 
     consultation with the Ranking Minority Member, the Chairman 
     may appoint, determine remuneration of, supervise and may 
     remove shared staff that is assigned to service of the 
     Committee. The Chairman shall certify Committee staff 
     appointments, including appointments by the Ranking Minority 
     Member, as required.
       (C) Divulgence of Information.--Prior to the public 
     acknowledgement by the Chairman or the Committee of a 
     decision to initiate an investigation of a particular person, 
     entity, or subject, no member of the Committee staff shall 
     knowingly divulge to any person any information, including 
     non-classified information, which comes into his or her 
     possession by virtue of his or her status as a member of the 
     Committee staff, if the member of the Committee staff has a 
     reasonable expectation that such information may alert the 
     subject of a Committee investigation to the existence, 
     nature, or substance of such investigation, unless authorized 
     to do so by the Chairman or the Committee.


         RULE XIV.--COMMITTEE MEMBER AND COMMITTEE STAFF TRAVEL

       (A) Approval of Travel.--Consistent with the primary 
     expense resolution and such additional expense resolutions as 
     may have been approved, travel to be reimbursed from funds 
     set aside for the Committee for any Committee Member or 
     Committee staff shall be paid only upon the prior 
     authorization of the Chairman. Travel may be authorized by 
     the Chairman for any Committee Member or Committee staff only 
     in connection with official Committee business, such as the 
     attendance of hearings conducted by the Committee and 
     meetings, conferences, site visits, and investigations that 
     involve activities or subject matters under the general 
     jurisdiction of the Full Committee.
       (1) Proposed Travel by Majority Party Committee Members and 
     Committee Staff.--In the case of proposed travel by Majority 
     party Committee Members or Committee staff, before such 
     authorization is given, there shall be submitted to the 
     Chairman in writing the following: (a) the purpose of the 
     travel; (b) the dates during which the travel is to be made 
     and the date or dates of the event for which the travel is 
     being made; (c) the location of the event for which the 
     travel is to be made; and (d) the names of Members and staff 
     seeking authorization. On the basis of that information, the 
     Chairman shall determine whether the proposed travel is for 
     official Committee business, concerns a subject matter under 
     the jurisdiction of the Full Committee, and is not 
     excessively costly in view of the Committee business proposed 
     to be conducted.
       (2) Proposed Travel by Minority Party Committee Members and 
     Committee Staff.--In the case of proposed travel by Minority 
     party Committee Members or Committee Staff, the Ranking 
     Minority Member shall provide to the Chairman a written 
     representation setting forth the information specified in 
     items (a), (b), (c), and (d) of subparagraph (1) and his or 
     her determination that such travel complies with the other 
     requirements of subparagraph (1).
       (B) Foreign Travel.--All Committee Members and Committee 
     staff requests for foreign travel must include a written 
     representation setting forth the information specified in 
     items (a), (b), (c), and (d) of subparagraph (A)(1) and be 
     submitted to the Chairman not fewer than ten business days 
     prior to the start of the travel. Within thirty days of the 
     conclusion of any such foreign travel authorized under this 
     rule, there shall be submitted to the Chairman a written 
     report summarizing the information gained as a result of the 
     travel in question, or other Committee objectives served by 
     such travel. The requirements of this section may be waived 
     or abridged by the Chairman.


      RULE XV.--CLASSIFIED AND CONTROLLED UNCLASSIFIED INFORMATION

       (A) Security Precautions.--Committee staff offices, 
     including Majority and Minority offices, shall operate under 
     strict security precautions administered by the Security 
     Officer of the Committee. A security officer shall be on duty 
     at all times during normal office hours. Classified documents 
     and

[[Page 3374]]

     controlled unclassified information (CUI)--formerly known as 
     sensitive but unclassified (SBU) information--may be 
     destroyed, discussed, examined, handled, reviewed, stored, 
     transported and used only in an appropriately secure manner 
     in accordance with all applicable laws, executive orders, and 
     other governing authorities. Such documents may be removed 
     from the Committee's offices only in furtherance of official 
     Committee business. Appropriate security procedures, as 
     determined by the Chairman in consultation with the Ranking 
     Minority Member, shall govern the handling of such documents 
     removed from the Committee's offices.
       (B) Temporary Custody of Executive Branch Material.--
     Executive branch documents or other materials containing 
     classified information in any form that were not made part of 
     the record of a Committee hearing, did not originate in the 
     Committee or the House, and are not otherwise records of the 
     Committee shall, while in the custody of the Committee, be 
     segregated and maintained by the Committee in the same manner 
     as Committee records that are classified. Such documents and 
     other materials shall be returned to the Executive branch 
     agency from which they were obtained at the earliest 
     practicable time.
       (C) Access by Committee Staff.--Access to classified 
     information supplied to the Committee shall be limited to 
     Committee staff members with appropriate security clearances 
     and a need-to-know, as determined by the Chairman or Ranking 
     Minority Member, and under the direction of the Majority or 
     Minority Staff Directors.
       (D) Maintaining Confidentiality.--No Committee Member or 
     Committee staff shall disclose, in whole or in part or by way 
     of summary, to any person who is not a Committee Member or 
     authorized Committee staff for any purpose or in connection 
     with any proceeding, judicial or otherwise, any testimony 
     given before the Committee in executive session. Classified 
     information and controlled unclassified information (CUI) 
     shall be handled in accordance with all applicable laws, 
     executive orders, and other governing authorities and 
     consistently with the provisions of these rules and Committee 
     procedures.
       (E) Oath.--Before a Committee Member or Committee staff may 
     have access to classified information, the following oath (or 
     affirmation) shall be executed:
       I do solemnly swear (or affirm) that I will not disclose 
     any classified information received in the course of my 
     service on the Committee on Homeland Security, except as 
     authorized by the Committee or the House of Representatives 
     or in accordance with the Rules of such Committee or the 
     Rules of the House.
       Copies of the executed oath (or affirmation) shall be 
     retained by the Chief Clerk as part of the records of the 
     Committee.
       (F) Disciplinary Action.--The Chairman shall immediately 
     consider disciplinary action in the event any Committee 
     Member or Committee staff member fails to conform to the 
     provisions of these rules governing the disclosure of 
     classified or unclassified information. Such disciplinary 
     action may include, but shall not be limited to, immediate 
     dismissal from the Committee staff, criminal referral to the 
     Justice Department, and notification of the Speaker of the 
     House. With respect to Minority staff, the Chairman shall 
     consider such disciplinary action in consultation with the 
     Ranking Minority Member.


                      rule xvi.--committee records

       (A) Committee Records.--Committee Records shall constitute 
     all data, charts and files in possession of the Committee and 
     shall be maintained in accordance with House Rule XI, clause 
     2(e).
       (B) Legislative Calendar.--The Clerk of the Committee shall 
     maintain a printed calendar for the information of each 
     Committee Member showing any procedural or legislative 
     measures considered or scheduled to be considered by the 
     Committee, and the status of such measures and such other 
     matters as the Committee determines shall be included. The 
     calendar shall be revised from time to time to show pertinent 
     changes. A copy of such revisions shall be made available to 
     each Member of the Committee upon request.
       (C) Members Right To Access.--Members of the Committee and 
     of the House shall have access to all official Committee 
     Records. Access to Committee files shall be limited to 
     examination within the Committee offices at reasonable times. 
     Access to Committee Records that contain classified 
     information shall be provided in a manner consistent with 
     these rules.
       (D) Removal of Committee Records.--Files and records of the 
     Committee are not to be removed from the Committee offices. 
     No Committee files or records that are not made publicly 
     available shall be photocopied by any Member.
       (E) Executive Session Records.--Evidence or testimony 
     received by the Committee in executive session shall not be 
     released or made available to the public unless agreed to by 
     the Committee. Members may examine the Committee's executive 
     session records, but may not make copies of, or take personal 
     notes from, such records.
       (F) Public Inspection.--The Committee shall keep a complete 
     record of all Committee action including recorded votes. 
     Information so available for public inspection shall include 
     a description of each amendment, motion, order, or other 
     proposition and the name of each Member voting for and each 
     Member voting against each such amendment, motion, order, or 
     proposition, as well as the names of those Members present 
     but not voting. Such record shall be made available to the 
     public at reasonable times within the Committee offices.
       (G) Recorded Votes on the Official Committee Web Site.--The 
     Chairman shall create a record of the votes on any question 
     of agreeing to a bill, resolution, or amendment or ordering 
     reported any bill or resolution on which a recorded vote is 
     demanded in open session in the Full Committee. Such record 
     shall be made available on the Committee's official website 
     not later than 3 legislative days after adjournment of the 
     markup at which such vote was taken, excluding days when the 
     House is in session pro forma. Such record shall identify the 
     offeror of the bill, resolution, or amendment, in addition to 
     a description of the bill, resolution, or amendment, the name 
     of each Member voting for and each Member voting against such 
     bill, resolution, or amendment, and the names of the Members 
     voting present.
       (H) Separate and Distinct.--All Committee records and files 
     must be kept separate and distinct from the office records of 
     the Members serving as Chairman and Ranking Minority Member. 
     Records and files of Members' personal offices shall not be 
     considered records or files of the Committee.
       (I) Disposition of Committee Records.--At the conclusion of 
     each Congress, non-current records of the Committee shall be 
     delivered to the Archivist of the United States in accordance 
     with Rule VII of the Rules of the House.
       (J) Archived Records.--The records of the Committee at the 
     National Archives and Records Administration shall be made 
     available for public use in accordance with Rule VII of the 
     Rules of the House. The Chairman shall notify the Ranking 
     Minority Member of any decision, pursuant to clause 3(b)(3) 
     or clause 4(b) of the Rule, to withhold a record otherwise 
     available, and the matter shall be presented to the Committee 
     for a determination on the written request of any member of 
     the Committee. The Chairman shall consult with the Ranking 
     Minority Member on any communication from the Archivist of 
     the United States or the Clerk of the House concerning the 
     disposition of noncurrent records pursuant to clause 3(b) of 
     the Rule.


                 rule xvii.--changes to committee rules

       These rules may be modified, amended, or repealed by the 
     Full Committee provided that a notice in writing of the 
     proposed change has been given to each Member at least 48 
     hours prior to the meeting at which action thereon is to be 
     taken.

                          ____________________




                  KENTUCKY CELEBRATES ABRAHAM LINCOLN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Kentucky (Mr. Guthrie) is recognized for 5 minutes.
  Mr. GUTHRIE. Mr. Speaker, February 12 is going to be an interesting 
day in Kentucky. On February 12, at the birth place of Abraham Lincoln, 
we're going to have a ceremony celebrating the 200th birthday of our 
great President. And we had planned for it to be at the log cabin. The 
actual log cabin still exists on its site. Unfortunately, we had to 
move it because of the damage from the ice storm that we had the last 
couple of weeks.
  First, let me say that the citizens of Kentucky are very thankful to 
the outpouring of help that we received around this country. Today, as 
I was driving to the airport, there are still convoys of utility trucks 
heading into our State continuing to bring our people back onto power. 
I toured a shelter, and there was a nurse from Alabama, a volunteer 
from Indiana, and they're all over. And Saturday morning, I ran into a 
crew from North Carolina that came to help remove debris.
  But unfortunately, the great trees that surround the log cabin of our 
President, several of them have had damage. Therefore, they're having 
to move it to the LaRue County high school. It was actually in Hardin 
County where Abraham Lincoln was born, but it's now LaRue County. The 
high school will be hosting a celebration on February 12.
  And we understand that there's been a lot of talking about Abraham 
Lincoln and Illinois in the last few weeks and last few months, but 
Abraham Lincoln was born in Kentucky. He's a Kentuckian, and we're very 
proud what he has meant to our State, and we invite people throughout 
this country--as you

[[Page 3375]]

look at the Lincoln heritage--we invite you to come to LaRue County. 
And you can go to Washington County where his mother and father were 
married. There is usually a reenactment during the summertime where you 
can go to the Tom and Ms. Hanks wedding, Tom Lincoln and Ms. Hanks 
wedding. I saw that re-enactment this summer.
  The Lincolns then moved to the spot in LaRue County where Abraham 
Lincoln was born. And the City of Hodgenville has a beautiful downtown 
square that's been remodeled for the State for the purposes of the 
bicentennial. And there is a beautiful statue of Abraham Lincoln as a 
young boy as he would have been when he lived in that area before he 
moved to Indiana and then on to Illinois.
  So I think it's extremely important that we do recognize the great 
decisions that were made by Abraham Lincoln. As we sit here today, and 
as I've been in the House for the last few weeks, I'm new at this, a 
freshman. I've been in this the last few weeks. The decisions that 
we've had to make. And you wonder what was going through--how Abraham 
Lincoln was able to withstand the pressure that he had for the 
decisions that he made that meant men and boys and the women that were 
sent, that were in harm's way, cities that were in harm's way and 
nothing--I did a dome tour when I first came here. And we went to the 
top of the Capitol dome, the great cast iron dome that we have. And it 
was built--a lot of people don't realize, but the dome to this building 
from which we speak was built during the Civil War. And people were 
asking why would you use cast iron and build a dome when we're at war 
when the iron could be used in the war effort.
  And Abraham Lincoln, our great 16th President, thought it was vitally 
important that we continue to build this building to show the union of 
this country. It was symbolic. And that was just a small decision, but 
a symbolic decision that he made.
  And Mr. Speaker, I appreciate the opportunity to address this body.

                          ____________________




                             BUDGET DEFICIT

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from North Carolina (Mr. Spratt) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. SPRATT. Mr. Speaker, we are here this afternoon to talk about a 
serious subject, something gravely facing our country, and that is the 
budget deficit for this fiscal year 2009 and for the years thereafter 
for as far as the eye can see.
  As we speak, the deficit for the year 2009, fiscal 2009, is soaring 
to record highs. CBO, the Congressional Budget Office, our budget shop, 
which is neutral and nonpartisan, has recently projected that the 
deficit for 2009 will be $1.2 trillion. And as high as this projection 
may be, our friends, it's probably a low-ball estimate.
  It omits, for example, the supplemental to pay for our deployment in 
Afghanistan and Iraq, which will be around $70 billion for the 
remainder of this fiscal year; it assumes that the alternative minimum 
tax will stay in full force and effect reaching 20 or so million-income 
tax payers for whom it was never intended. This increases the revenues 
by $70 billion though AMT has, in fact, been omitted year so that it 
does not apply for middle-income taxpayers for whom it was not 
intended.
  It also assumes that the tax cuts passed in 2001 and 2003, despite 
the fact that we have huge deficits, will expire on December 31, 2010, 
and as provided by the law which enacted them in the first place.
  When you add all of these into the equation--the Bush 
administration's last deficit, the deficit that we inherited from 
President Bush and must work our way out of--the deficit could easily 
top $1.4 trillion. It staggers the imagination.
  These are deficits that happened on the watch of the Bush 
administration and under their fiscal policies. But we, as Democrats, 
won the election, and it is our responsibility to decide what should we 
do about the deficits left us.
  Unfortunately, we've got forces converging on the budget which make 
it difficult to bring the deficit down to realistic terms. For example, 
we have the severest economic downturn in our economy since at least 
the first or second world war ended. So we have the mounting costs of 
counter-cyclical policies, TARP, the stimulus now pending in the 
Senate, the conservatorship of Freddie Mac and Fannie Mae. All of these 
things are hugely expensive. We have the rising costs of major 
entitlements--Social Security, Medicare, Medicaid--due to the 
retirement of the baby boomers.
  We have defense budgeted and funded at historically high levels and 
sustained for an historically long period of time. Funds funded to 
front-end accounts, accounts in the budget which need to be funded 
adequately but are not. Transportation is a good example. It will 
exhaust its reserve early next year and run close to zero unless we can 
get funds back into that particular account.
  Of course, as always there's education, which is not funded as 
robustly as many of us think it should be. And of course there are new 
topics--alternative energies and various incentives for increasing the 
energy supplies and making this country energy independent.

                              {time}  1645

  Then we have the renewal of existing tax cuts, which are slated to 
expire on December 31, 2010.
  When we add all of these things in, in addition to the price 
commitments we have to do something about the climate and something 
about universal health care coverage, it becomes very, very difficult 
to do anything to the bottom line of the budget, despite the fact that 
it is bigger than it has ever been before in peace time.
  The overarching question that faces this whole country as we incur 
these huge sums of debt is: How long will foreigners help us? How long 
will they keep buying our Treasury debt?
  We have, therefore, the worst budget since World War II and the worst 
economy in which to work out the problems of these budgets. Every 
recession has its own pattern to it. But it is clear that it is 
difficult in every recession, any recession, to work out of the 
recession when you're swimming upstream, when the economy is working 
against you; to work out of a budget deficit when the economy is 
working against you.
  Let me show you some charts, those who are listening. This is a 
simple bar graph. It shows that the Bush administration, when he came 
to office, had a phenomenal inheritance. A budgeting surplus over the 
next 10 years by $5.6 trillion. That was January, 2001.
  By January, 2004, that surplus of $236 billion was gone. Vanished. In 
4 year's time, we went from a $236 billion surplus to a $412 billion 
deficit. This happened under the policies and the watch of the Bush 
administration.
  This next chart portrays out over time the assets of this 
administration and the previous administration. This is the first 
George Bush administration. The first Mr. Bush. There was a significant 
decline in the budget at that point in time. But, when the Clinton 
administration came to office, President Clinton sent us a budget in 
February of 1993, on February 22, the first full significant action 
taken by his administration, and every year after the adoption of that 
budget by one vote in the House and one vote in the Senate, the bottom 
line is the budget got better and better and better, to point where we 
were at this point right here, 1997, 1998, the year 2000.
  The budget was, in those years, balanced for the first time in recent 
memory. Then, in 2001, the year 2000, we had a surplus of $236 billion. 
The second Mr. Bush came to office here. You can see the bottom line 
got worse and worse and worse until there was a slight pickup here. 
But, then in the out years 2004, 2005, 2006, 2007, the budget got worse 
and worse and worse, until the point it runs off the chart at the 
bottom of the page. That is the deficit we are now looking at, a 
deficit of as much as $1.4 trillion.
  Now, that would be a concern under any circumstances. But, in the 
present situation, the deficits that we have incurred over the last 10 
years have

[[Page 3376]]

largely been funded and financed by foreigners. Japan, China, Great 
Britain, Europe, and Pacific Rim countries. They have run trade 
surpluses with us and used the surplus dollars they hold to buy back 
our Treasury bills. It's a convenient short-term arrangement. But, over 
the long term, it means foreigners own more and more of our debt, and 
you find it hard to be totally independent as a country, certainly the 
world super power, when you're also the world's largest debtor.
  As of 2008, the total amount of foreign-held Treasury securities had 
tripled under the Bush administration. Starting out at $1 trillion, it 
rose to $3.1 trillion--over $2 trillion--during the period 2001 to 
2008. That is the accumulation of foreign-held Treasury bills and 
certificates.
  As for the total debt of the United States, this is where we began--
$5.7 trillion in 2001. That is where the total debt of the United 
States stood when Mr. Bush came to office. A substantial sum. But every 
year that number went up and up and up, to the point where, when he 
left office a couple of weeks ago, the amount of debt stood at $10.7 
trillion. Nearly doubled in an 8-year period of time--from $5.7 
trillion to $10.7 trillion. And, as a consequence of that, we are 
feeling the effects of it in all sectors of our economy.
  Would the gentlelady from Massachusetts care to make a comment or a 
statement? I gladly yield time to her.
  Ms. TSONGAS. I care deeply about the health of our Nation's cities. 
Cities, large and small, are our Nation's economic engines, and their 
well-being is critical to the prosperity and well-being of all 
Americans.
  Our cities generate wealth and economic development for entire 
regions; provide the foundation for an educated workforce; offer 
solutions to climate change and sustainable development; act as 
gateways for goods and knowledge; and serve on the front lines of 
homeland security.
  They are centers of our Nation's cultural activities and sports, and 
a repository of architectural and historic riches. They represent the 
diversity and strength of our country.
  When cities suffer, our Nation as a whole suffers. During the last 8 
years, our cities have suffered because we have failed to properly 
invest in them when economic times were good.
  Between 2001 and 2009, programs critical to ensuring the health and 
vitality of our cities, from social services to infrastructure, to 
economic development, have been cut or flat-funded, even as the Bush 
administration set records for deficits in debt.
  Instead of making continuous modest investments in the health of our 
cities when the economy was good, President Bush chose to shortchange 
them, bequeathing our country a significant shortfall in 
infrastructure, housing, services, and veterans' care.
  The debt exploded under the Bush administration, and we have little 
to show for it. As a result, in President Bush's 2009 budget request, 
interest payments alone were almost four times more than education 
funding, five times more than veterans' health care costs, and almost 
six times more than funding for homeland security for fiscal year 2009.
  I represent older industrial cities in the Merrimack Valley where for 
years the government failed to act, and the consequences were severe. 
It took decades to recover, and it was only after the Federal 
Government reengaged to the National Park System that we began to turn 
the corner.
  As we enter a severe economic crisis, we now face dual challenges 
left over from the last administration. We need to stimulate our 
economy by reinvesting in the health of our cities and towns, and we 
need to take smart, tough action to address our national debt.
  I thank the chairman, and I yield back my time.
  Mr. SPRATT. Going back to the topic before Ms. Tsongas spoke, here 
are just some highlights of the economy we also inherited, so that we 
have got, in effect, a dual negative double whammy--a budget deficit 
that is soaring out of sight and an economy which is contributing to 
that deficit--and it makes the effort to reduce and dispel and wipe out 
the deficit ever harder.
  For example, here's the unemployment rate. It stands at a 17-year 
high. Nearly 600,000 thousand jobs lost last month. Against a head wind 
like that, it's very, very difficult to bring the budget deficit down. 
In fact, you need to have countercyclical policies in effect that are 
actually adding to the demand of the economy in order to get the 
economy back on track, back on its feet, which is what we are doing 
right now.
  Here's another chart which shows what happens in an economy like 
ours, where unemployment is close to 8 percent. Revenues that were 
expected last September, when the Congressional Budget Office did its 
forecast of the budget, the revenues that were forecasted then are not 
obtained. We are $2.7 trillion short over that period of time, 2009 
through 2018, in the revenues that were assumed last September, which 
changes the basis for all of our policies when you simply don't have 
the funding that you're anticipating having only a few months before.
  It also shows you one of the frightening features of this current 
recession is how fast it's coming on. It lingered for some time. There 
were definite earmarks that we were headed toward a recession. But now 
that it's here, we are seeing, in 1 month, 500,000 to 600,000 jobs 
lost, as tragic evidence of what's befalling us. 3.6 million jobs lost 
since January of 2008. 3.6 million jobs lost since January of 2008.
  Mr. Moran, I gladly yield to you for any comment you would like to 
make on this topic.
  Mr. MORAN of Virginia. Thank you, Chairman Spratt. The number of jobs 
lost hits home--I think to all of us. Each of us probably have 
different experiences. I remember the day that a large corporation took 
over the corporation that my father was working for. And he had worked 
so hard. So he was called into the corporate offices and he was told--
well, he was just told to show up. We all assumed he was going to get a 
raise or a promotion because he had been working hard.
  This was during the 1950s. And they let him go because they said they 
were doing a corporate restructuring. We were waiting for him. He 
didn't come home until the middle of the night because he couldn't face 
us.
  Mr. Chairman, that is happening every single day, 20,000 times. 
That's the pace. 3.6 million jobs. Most of these are breadwinners. I 
suspect that over this Christmas vacation there are any number of 
parents who had to take their child aside and explain to them they were 
no longer going to be able to go back and finish out the last half of 
their academic year at college because they could no longer afford it.
  Or, imagine the mother and father sitting their children down and 
explaining that they had lost their home. They weren't sure where they 
were going to go. They would probably have to leave their school.
  We look at these numbers, and they are devastating. But I know that 
you are particularly sensitive, as Ms. Tsongas was as well, to the 
human face behind these tragic numbers. Worse, really, since the Great 
Depression, in many ways.
  It didn't have to happen. For 7 years of the Bush administration, we 
saw the largest corporate profit ever in American history. But it's 
interesting that 40 percent of that profit at one point went to the 
financial services industry alone, and 96 percent went to the 
wealthiest 10 percent of Americans. So that the Americans who have to 
defend our country, are called on to fight our wars, who pave our roads 
and build our bridges, who form the workforce that produced that 
corporate profit, were left with 4 percent of the income growth during 
the last 7 years to share.

                              {time}  1700

  So they relied upon borrowing from the increasing asset of their 
homes. The amount of money borrowed against home equity and credit 
cards is exactly equal to the increase in consumer spending. Americans 
did what their leadership asked them to do in 2001: they went out and 
spent at the mall, but they didn't have the commensurate income gains 
to afford that expenditure.
  As a result, now that the real estate market has crashed through 
people in

[[Page 3377]]

large part manipulating the market for their own gain and the disparity 
between the borrower and the lender and all these exotic derivatives 
that were meant to expand the leverage and increase the profit of the 
financial services industry, now we find ourselves in an economic 
crisis, Mr. Chairman. You are laying out the figures that this Congress 
must address on behalf of the American people.
  I will have more to say, but I very much appreciate the profundity of 
these numbers that you are sharing with us today.
  Mr. SPRATT. You said the key point when you said it didn't have to 
happen. In the year 2001 when President Bush first took office, we 
proposed at that time, since we had a surplus for the first time in 30 
years, to take the surplus in Social Security and use it only to buy 
down or buy up outstanding Treasury debt. That way we would have added 
to the net national savings of the United States, which is woefully 
deficient. We would have added to the capital availability in the 
United States and driven down to some extent the cost of capital. And 
by the year 2020, 2022 when the baby boomers began retiring in big 
numbers, Treasury would have seen much of its debt held by the public 
paid off.
  Now I am not so naive as to think that we would have religiously 
stuck with that proposal, but that is what the Blue Dogs were pushing 
and that is what many of us were pushing under the corny name 
``lockbox,'' but it had a serious, substantive idea beneath it, namely 
that we would increase the net national savings and we would at the 
same time clear up much of the debt owed by Treasury so that when the 
Social Security claimants came and presented their claims in 2020 and 
2022 in large numbers, Treasury would be more solvent to meet those 
claims and less in need of borrowing in order to satisfy those claims. 
That was a potential, very potential.
  The Bush administration came to our committee, you were on it at that 
time, and said we don't need to do that. We won't need to increase the 
debt ceiling of the United States for at least 7 or 8 years. And the 
next year they were back hat in hand asking for a huge increase, 
several hundred billion dollars, until finally the increases got to be 
nearly a trillion dollars a year, all because they spurned what was a 
genuine offer of a truly fiscal conservative policy on what to do with 
our surpluses in the year 2001.
  Mr. MORAN of Virginia. I do recall that very well. I was sitting on 
your committee, and you were almost begging the economic leadership of 
the Bush administration to follow the example that had been laid out by 
the 41st President of the United States, George H.W. Bush, when he 
began the system of PAYGO, that President Clinton then incorporated, 
raised taxes but balanced the budget, and as a result generated more 
after-tax profit for the wealthiest people of America than had ever 
been experienced, but provided the next President, George Bush, the 
43rd, with this $5.6 trillion projected surplus. A sunny horizon almost 
as far as the eye could see now has turned into deep deficits, deeper 
than anything we can imagine and which we see no end for, and it will 
bring us all of the way to the point you bring up, Mr. Chairman, when 
the baby boom generation retires and then puts an enormous additional 
burden on our budget.
  You asked Federal Reserve Chairman Greenspan if he would not impose 
some fiscal discipline on the administration and asked whether we could 
really afford the 2001 and 2003 tax cuts. As we look back, in 
retrospect we see the reason that $5.6 trillion surplus that was 
projected was gone in 3 years. By 2004, that surplus was gone.
  Mr. SPRATT. Four years.
  Mr. MORAN of Virginia. I thought it was until January of 2004, but 
you would know better, Mr. Chairman.
  The point is it was gone in a very short period of time. It was used 
on tax cuts. Tax cuts that the vast majority of which went to the 
people who needed them the least and who then invested them in hedge 
funds, invested them overseas, and put them into collateralized debt 
swaps and credit derivatives and every other kind of exotic investment, 
but they didn't go back into strengthening the economic foundation of 
the middle class.
  As a result, we look back now and we see that those tax cuts, putting 
aside what we were promised, those tax cuts generated about 13 cents on 
the dollar. In other words, about 87 cents of every dollar of tax cut 
never went back into strengthening the economy, it showed up in 
deficits. That is why this deficit situation is so difficult to deal 
with. We have to increase the deficit now to stimulate the economy 
because the private sector was given $350 billion out of $7 billion and 
they weren't willing to lend so the public sector has to come in, but 
it is all on borrowed money, as you emphasized, Mr. Chairman. And 
again, it did not have to happen.
  You were there sounding the warning. It is on the record if anyone 
would choose to check. And yet you were ignored and the members of your 
committee and the leadership, or at least on the Democratic side, was 
ignored. It seemed as though the policy was anything but the Clinton 
administration's economic policy. And now we find ourselves in as bad a 
situation as has existed almost for 75 years. I greatly thank you for 
raising that issue.
  Mr. SPRATT. Mr. Moran, in addition to what you just said, not only 
did the deficit come down in 1998, 1999, 2000 and 2001 as a result of 
the Clinton administration's policies, but employment went up also. 
Every year the bottom line of the budget got better and better and 
better for 8 straight years and so did the job market, to the point 
where the average job creation in the Clinton administration was 
230,000 a month. Twenty-two million jobs were created as opposed to 
this dismal picture here for the last year of the Bush administration. 
So 230,000 jobs a month on average, all together 22 million jobs 
created during the Clinton administration.
  And it was connected with, I think to some extent, the virtuous 
fiscal policy we were running at that time which shows you that it does 
pay to have sound fiscal policy.
  Mr. MORAN of Virginia. It was clearly connected to confidence in the 
economy and the people that were directing the economy and their 
reliance upon the private sector, but recognizing that the Federal 
Government had a role in terms of regulation and in terms of monetary 
policy and in terms of balancing the budget. The budget was balanced, 
and it was creating jobs, and now to think that we have gone from 
increasing jobs from 230,000 to losing 600,000 jobs a month, 20,000 a 
day, just an unbelievable reversal in terms of employment that 
parallels a fiscal reversal of $12 trillion from what the 
administration inherited to the situation we find ourselves in now.
  Mr. SPRATT. Let me turn to Mr. Melancon and yield to him, the 
gentleman from Louisiana.
  Mr. MELANCON. I apologize for being tardy in arriving on the floor. I 
seem to be spending an inordinate amount of time explaining to my 
constituents some of the false information that is getting put out 
there as though the deficits showed up yesterday at our doorstep 
unbeknownst to anyone before.
  Some 8 years ago we had an estimated $5.6 trillion surplus projected 
out over the next 10 years. As we stand here today, that surplus has 
turned to a deficit in excess of $10 trillion, and that is on budget. I 
know I don't need to explain that to you, but off budget I guess it is 
another several trillion dollars. Then if you go and use the accrual 
form of accounting, as businesses do, and people that are in the 
business world would understand, we are at $56 trillion and growing 
deficit, not talking about the number of jobs.
  So if we are out here in an economy, and of course a lot of what I 
hear from people is there is so much waste in the stimulus bill, the 
things that were there are a miniscule part that were made to sound 
like it was a whole package wrought with nothing but people's special 
projects. As we move to try and remove some of those things and get a 
viable bill that addresses stimulating the economy and putting people 
back to work and addresses the needs of trying to keep the United

[[Page 3378]]

States economy from collapsing, because if we don't do that, I think 
the irony is that people around the world are looking to the United 
States while each one of their governments are trying to figure out 
what it is that they need to do to stabilize their economy. They are 
watching the United States because we are the kingpin. If we fold, we 
are going to be the tail that wags this dog, and we are going to be the 
people who can hopefully keep our Nation afloat and keep the rest of 
the world hoping that we keep away from a depression as our 
forefathers, my parents and grandparents experienced, and a few who 
still live today remember.
  When we start looking at what has occurred in this Nation, the 
relevant parties that were running the government over the last 8 
years, borrowing money, spending money, right now the fourth largest 
item in our budget is the interest on the money that our government has 
borrowed, and 40 percent of our debt is held by foreign countries. We 
are already leveraged. We are a country that used to be a gross 
producer of agriculture. We used to be able to hold our own in 
manufacturing and energy independence. We are none of those any more.
  As we move forward, placed in our lap is not the opportunity, but 
placed in our lap is the disaster that has been laid at our doorstep, 
and now we have to figure out how to get us back, how to stabilize this 
economy, how to fill that gap of the trillions of dollars that has been 
robbed from it so that we can move forward so that my children, my 
constituents' children, and all of the constituents in this country's 
children and grandchildren can hope to have a better future. We 
shouldn't be the people that have to be the bearer of bad news.
  What we have facing us today, as you have shown, just in 1 year, 3.6 
million jobs lost, some 500,000-plus in the last month, that is not 
government working for the good of the people. So we have a lot that we 
need to do.
  I thank you for the opportunity to join you here on the floor here 
this afternoon.
  Mr. SPRATT. I now yield to the gentleman from Connecticut (Mr. 
Larson).
  Mr. LARSON of Connecticut. I want to thank the gentleman from South 
Carolina. I am glad to associate myself with his opening remarks and 
those of the gentleman from Louisiana (Mr. Melancon).
  Let me say that we were fortunate this past weekend at our issues 
conference to have the President of the United States address us. He 
said somewhat tongue-in-cheek, Look at what I have inherited.
  I think, Mr. Chairman, as you have done throughout your stellar 
career, you have outlined from a budgetary perspective the God-awful 
mess that President Obama has inherited. In fact, this is a cavernous 
hole that he finds himself in, as does our Nation.
  Mr. Melancon pointed out exactly how deep a hole has been dug and 
what this problem means to every American, not only from the standpoint 
of our national debt, but clearly from the number of jobs that have 
been lost, from the number of people who have lost their homes, and 
lost their health care.
  Now you have done a great job as chairman of our committee always 
bringing forward in detail. But, you know, Harper's magazine did an 
article just this past month called ``The $10 Trillion Hangover'' in 
which they specifically, almost but not as succinctly as your charts 
and graphs have indicated, but spell out how we got to this point.
  I think Americans all across this great country as our new President 
struggles to deal with the hole that this previous administration has 
left us, want to know how we got here and how we make this steady, 
determined ascent out of this cavernous hole.
  But the daunting task before this President is laid out before the 
American public with the 3.6 million jobs lost, with the projected 
recession in growth, and what we have heard from every single economist 
that has come before us is the difficult and uncharted waters that we 
are in. And that doesn't count what we anticipate might happen with the 
other shoe, credit default swaps and derivatives, and where the bottom 
is on that.

                              {time}  1715

  And yet this President, with the help of this Congress and under the 
leadership of Nancy Pelosi, strives to make that move, that steady, 
determined ascent by both providing economic investment and economic 
recovery and, as important, economic stability for all of our citizens. 
So I commend the gentleman for bringing forward what is at best a very 
bleak picture for America, but to be counterweighted by the 
determination of this Congress and Members who have come here to the 
floor this evening to make sure that there is a steady ascent from the 
depths of this cavernous hole, dug in unprecedented fashion, where 
people were asleep at the switch, not watching what was going on, and 
running up unprecedented debt, where two wars were unpaid for, a 
Medicare bill unpaid for, tax cuts unpaid for, all to come home to 
roost. But determined we are as a Nation and as a Congress to make a 
steady and determined ascent out of the depths of this cavernous hole 
dug by this previous administration.
  I thank the gentleman.
  Mr. SPRATT. I yield now to the gentleman from Florida (Mr. Boyd).
  Mr. BOYD. Thank you very much, Mr. Chairman.
  Mr. Speaker, I'm delighted to be here with you, Mr. Chairman. You 
have been a great leader for us on these fiscal issues and budget 
issues of the United States Government. You understand how our economic 
model works as well as anyone. And the fact that if we, as a 
government, as a people, if we're going to provide services which are 
normal government functions for our people, those services have to be 
paid for in some way.
  Mr. Speaker, I came to this Congress 12 years ago, 12 years ago last 
month, having campaigned much on the idea of fiscal responsibility. At 
that point in time, the Congress was controlled by Republicans, and the 
administration was in the hands of a Democrat. They were working very 
hard to solve a serious fiscal problem that was inherited in 1992 by 
the then-new Clinton administration. And this Congress and that 
administration worked hard. I came in in the middle of that and was 
happy to play some very minor role in moving this country toward fiscal 
responsibility, moving out of a period of 30-plus years of deficit 
spending toward recognizing the fact that we needed to pay our bills 
and that we should have enough money to do that, either by cutting 
spending or by making the revenue and the spending match in some way.
  In 4 short years, by 2001, when President Bush took office, this 
country had moved to a surplus situation, as you have heard described 
here, surpluses as far as the eye could see. We had our budgets in 
balance. And there were a group of us fiscal conservatives, and a group 
I work with, called the Blue Dogs.
  As President Bush came in and proceeded to advance his economic 
package, we told him there were three things he needed to do with that 
surplus. Number one is cut taxes, lower taxes. All of us want lower 
taxes. If you have a surplus, then you have room to do that. You should 
do it.
  Secondly, you should deal with the long-term problems that this 
country faces. We all knew back then, as we know now, that Social 
Security and Medicare, the entitlements, are going to be a serious, 
serious drain on this Nation as we move forward from this point. It is 
much more critical now than it was even back then. So let's take part 
of that surplus and deal with and fix the structural problems that 
existed in Social Security and Medicare so that those programs would 
continue to exist on into the 21st century and continue to create a 
lifestyle when people get into retirement that enables them to be 
productive rather than to be a drain on society.
  And thirdly, we should take the balance of the money and pay down 
debt. This country had been running deficits and creating debt for 30 
years running. And it was time to stop that and to begin to lower that 
debt bill, that side of the ledger, if you will. Why would

[[Page 3379]]

you want to do that? Number one, is you always prepare something for 
the downturn days. Those were good days economically. But we knew, all 
of us knew that wouldn't last forever, that you would eventually have a 
downturn in the economy, and you would need some cushion to make sure 
that you could survive those downturns. We also know that from time to 
time in the history of this Nation we have disasters, whether they be 
natural disasters or manmade disasters. And in this case, the 9/11 
disaster was a manmade disaster, but nevertheless one we that had to 
deal with. And so you look at things like that and you want to have a 
reserve. And this package that the then-President Bush pushed 
overlooked that and didn't accommodate that.
  The other thing you do by lowering debt is you lower your debt 
service, your interest costs that you have to pay annually, and you are 
able to spend more of your revenue base on the programs that are 
important to Americans, whether it be Medicare, Social Security, health 
care, education or national security or whatever it may be. Why would 
you want to take the money and pay debt service, interest, if you will, 
rather than put it in the programs that are important to people and 
help people? So we explained all this to the President and to his team, 
his OMB director and his Vice President. They kind of made fun of us 
and said, oh, no, no. We're going to have plenty of money. If you pay 
down debt, you pay it down too fast, and there would be prepayment 
penalty problems. And gosh knows, I wish we had that problem today.
  We are in a very serious situation now as a result of those policies. 
Even on the tax-cut side, we had an opportunity to fix some very 
serious problems in our Tax Code that we talk a lot about today. The 
AMT, the alternative minimum tax, could have been fixed permanently in 
2001. The estate tax, all of us know the problems that the estate tax 
causes our small business people, our ranchers and farmers. That could 
have been fixed permanently in 2001. How about the child tax credit? 
How about the marriage penalty? All of those problems that we face 
today could have very easily been permanently fixed in 2001. And it was 
passed on to jam the money into the marginal tax bracket categories.
  So, we find ourselves 8 years down the road, as Mr. Spratt and others 
have talked about, in a very serious, serious hole. America has found 
itself in this kind of place before. And we will buckle up. We will put 
our shoulder to the wheel. And Americans will, as they begin to 
understand this a little bit better, as our new, wonderful President 
Barack Obama takes this message out to the world, out to the country, 
then Americans will be asked to do the things that we have to do to 
restore our position in the world as the economic, the political and 
the military leader of the world.
  So, again, I want to say to you, Mr. Speaker, to my constituents and 
to the rest of the world out there, I stand ready to work with Mr. 
Spratt, Speaker Pelosi, Mr. Hoyer, our majority leader, and our new 
President, President Obama, to tackle these tough problems. Some tough 
decisions have to be made in the coming months as to how we blunt the 
effects of this economic downturn, how we soften the impact, how we 
shorten the length of the economic downturn. It's going to be a very 
difficult thing to do. And it's going to be painful. But we can do it.
  I want to thank Mr. Spratt for leading this Special Order.
  Mr. SPRATT. I now yield to the gentleman from Maryland, our 
distinguished majority leader, Mr. Hoyer.
  Mr. HOYER. I thank the gentleman for yielding. But much more than 
that, I thank him for the work he does as our chairman of the Budget 
Committee and for the work he has done over the years as ranking 
member, the minority member of the Budget Committee, for being 
consistent and, in my opinion, accurate in his observations as to what 
we would reap from the fiscal policies we have sowed over the last 8 
years.
  We are here today, in my opinion, to be honest with the American 
people. They need to know that this economic crisis will not end 
overnight. I think the chairman has made that pretty clear. And they 
need to know the reasons for the deep, deep, deep fiscal hole we have 
inherited after 8 years of fiscal recklessness. In fact, the projected 
deficit for fiscal year 2009 is $1.2 trillion. That is a figure 
difficult to comprehend. It's a figure particularly difficult to 
comprehend when President Bush and his economic advisers opined that 
they were worried about paying off the debt too early under the Clinton 
policies.
  One point two trillion dollars of deficits. Two factors have helped 
create that record-shattering number, the consistent irresponsibility 
of the past administration and our efforts to dig out of the economic 
mess he left us. It was not that long ago that you could hear on this 
floor heated debates about how to spend a projected $5.6 trillion, 10-
year surplus created under the Presidency of Bill Clinton. Who would 
have thought, who would have thought then that our surplus would be 
wiped out by one President's borrow-and-spend foolishness by five 
record-setting budget deficits in 7 years?
  I would remind my colleagues, who undoubtedly need no reminding, that 
there has been a hegemony of power, a monopoly of power, a singular 
control of policy over the last 8 years. Now I understand some of my 
Republican friends would say, well, the Democrats were installed 
because of the obvious need for change recognized by the American 
voters in 2006. They put you in charge in 2006 and 2008. That is true. 
But as I also point out, the President was not on the ballot, and two-
thirds of the United States Senate was not on the ballot, and 
therefore, it was impossible to make the change that America knew was 
needed. They have done that now. But they have done it after a very 
deep hole has been dug.
  While Democratic budgets were on pace to eliminate all of our public 
debt, today we are more indebted than ever. The national debt is now 
over $10 trillion from that projected $5.6 trillion of surplus. Who 
projected that? Not Bill Clinton. George Bush. President Bush's OMB 
projected that. Who told us that? President George Bush in 2001, 
speaking in this Chamber, told us that is the surplus that we could 
expect.
  Tragically, that was dissipated. That $10 trillion of debt now has 
replaced that $5.6 trillion of anticipated surplus.

                              {time}  1730

  We will be paying hundreds of billions of dollars in interest on that 
debt that we have incurred. That's just one more way in which the Bush 
legacy means large structural deficits for years to come.
  So what does that mean for our economy and for American families? 
It's easy to see a budget as nothing more than numbers on a page and 
it's just a short step from there to agreement with former Vice 
President Cheney's nostrum that deficits don't matter. In fact, he said 
that Ronald Reagan taught us that, that deficits didn't matter.
  Unfortunately, the Federal Government pursued that policy. 
Unfortunately, business pursued that policy, and unfortunately, and 
tragically, to their harm, too many consumers followed that policy. But 
deficits do matter. Mr. Speaker, they matter profoundly.
  Deficits and debt tie up huge amounts of capital, and when it comes 
to mitigating a financial emergency in the early stages, they tie our 
hands too.
  Republican fiscal policies have also made massive borrowing seem 
normal and acceptable, as I said, the five largest deficits in history 
over the last 8 years. They've set the disastrous example that it's 
just as acceptable for a household as for a government to live far 
beyond its means. And just as surely as unchecked borrowing can pay for 
unsustainable luxury today, the bill will come due.
  In 2006 Comptroller General David Walker told us that American 
irresponsibility, public and private, will gradually, and this is a 
quote, ``will gradually erode, if not suddenly damage, our standard of 
living and ultimately our national security.'' How true his words were.

[[Page 3380]]

  Mr. Speaker, there's nothing to gain from pointing fingers at the 
last 8 years, but there is much to learn and a great deal to gain from 
looking back honestly at the fiscal choices we've made in the past. We 
learned just how much this painful legacy will complicate our efforts 
to confront this crisis, and we strengthen our pledge to return this 
Nation to budgetary sanity.
  With your leadership, and with the courage on both sides of the 
aisle, on both sides of Capitol Hill, hopefully, we will accomplish 
that.
  While economists agree that getting out of this recession will 
require deficit spending, that spending would be deeply irresponsible 
without a long-term plan to restore fiscal health.
  I know, Mr. Chairman, you're focused on that objective. I am as well, 
and all the Congress needs to be, as well as the American people. 
Getting the budget under control is going to require hard choices, 
choices we're going to see reflected in President Obama's first budget, 
in my opinion. It will be a serious document for serious times because 
getting back on a sustainable fiscal path is going to take sacrifices 
from every one of us. But we can call confidently for those sacrifices 
for two reasons. First, because they will be truly shared from Members 
of Congress to every working family. And secondly, because if we put 
off our hard choices, they will grow harder and harder by the year, 
until they're absolutely crippling.
  Last month we heard our new President declare, and I quote, ``a new 
era of responsibility.'' This is what it looks like. This is where we 
are. Let's meet it with our eyes open and make the best of it together.
  Mr. Chairman, there's been much made of bipartisanship. I'm for 
bipartisanship. But I note, in 1990, there were really three reasons we 
created that $5.6 billion surplus. We made an agreement with President 
Bush I in 1990. In 1993 we passed a bill that set us on a fiscally 
responsible course, and in 1997, in a bipartisan way, we confirmed that 
course. Unfortunately, history shows us that we haven't had bipartisan 
support.
  In the 1990 Budget Act, one of the key three steps that got us to 
that $5.6 trillion budget surplus, when we passed it through the House, 
there were only 10 Republican yeses, only 10. That was one of the key 
steps in getting us to fiscal surplus. Not one of those 10 serves in 
the House of Representatives today.
  In 1993, of course, no Republicans voted for that bill. And in 1997, 
it was a bipartisan bill, which, Mr. Chairman, you and I both voted 
for. We then came on very hard times and we confronted the TARP bill.
  Let me go back to 1993, however, when I said no Republicans voted for 
that bill. When it came back from conference, excuse me, there were no 
Republicans that voted for that bill. But in 1990, when it came back 
from conference there were 47 Republicans ``ayes.'' One of them remains 
here today.
  Now, one could draw the conclusion that, well, they lost because of 
those votes. That would be the dead wrong conclusion. What they lost as 
a result of, I think, first of all, retiring, and secondly, feeling 
that perhaps their party was moving in a direction that they could not 
agree with. I hope that their party and this party comes together.
  On the TARP vote that we had to meet this crisis caused by this 
fiscal irresponsibility, the Democratic Party stood with President Bush 
in making very hard votes, and the majority of us did so. The minority 
of his party chose not to do so.
  It is time for the majority of both parties to stand with the 
American people and future generations to return fiscal responsibility 
to this Nation and to our people.
  I thank the chairman for his leadership.
  Mr. SPRATT. I thank the gentleman. And I yield the balance of our 
time to Dr. Schrader from the State of Oregon, a freshman Member, a 
veterinarian, I believe. Let me find out from the Speaker how much time 
is remaining.
  The SPEAKER pro tempore (Mr. Bright). The gentleman from South 
Carolina has 6 minutes remaining.
  Mr. SPRATT. Six minutes.
  Mr. SCHRADER. Thank you very much, Mr. Chairman. To be honest, I was 
not going to even speak today. I had thought that the legacy and the 
problems that we confront right now are such that I look forward to 
working with my Republican colleagues as well as my Democratic 
colleagues to help solve some of these problems. And so, as a result of 
that, I wanted to be building some bridges and look to build some 
bridges with some of my moderate colleagues across the aisle.
  But I've become very disturbed with the tendency, as we talk about 
some of the problems and solutions to some of those problems that are 
left behind by 8 years of fiscal mismanagement, that there's going to 
be an attempt to paint Democrats, as we come into control, as people 
seek fiscal responsibility with President Obama and the Congress of the 
United States of America, paint the fiscal picture as a Democratic 
problem. And I take great offense at that.
  I spent a few years in our State legislature in the great State of 
Oregon trying to balance our budget. No easy task. And I think this 
administration, with this Congress, with Speaker Pelosi and Senator 
Reid, deserve a great deal of credit for coming forward and talking 
about how to get us out from under.
  I'd like to just reiterate a few facts that I know have been 
discussed perhaps at length here, but I think it's important for 
Americans to understand clearly how we got into this mess. We now have 
a deficit of $1.2 trillion, at least, in 2009. That's a stark contrast 
to the budget surplus that many, including the good gentleman, majority 
leader from Maryland have talked about.
  The debt of the United States officially is $10.7 trillion. I'd like 
to make an argument in a couple of minutes that it's actually a great 
deal more than that. The interest payments now consume more than our 
major spending on education, veterans benefits and indeed non-mandatory 
health care programs. That's a travesty in an industrialized Nation 
like ours.
  Thirteen straight months of job losses, 22 straight months of 
declining home prices, the majority of stock indices down 37 percent. 
And the real income of the average American family hasn't gone up. If 
you're in the rich 10 percent of Americans, yeah, sure, you've done 
great. Your income's doubled. You've done very well.
  But 95 percent of Americans have seen their income fall, and in this 
day and age that's unconscionable. Right now, in the greatest 
industrialized Nation in the world, 7 million Americans without health 
care. That just shouldn't be happening.
  I would like to reference just a few key points here, Mr. Chairman, 
about our debt. Where are we really as we try and dig out? Our official 
national debt has doubled. We're at $10.7 trillion. We were at five 
plus not 8 years ago.
  But I would argue it's worse than that, unfortunately. Americans need 
to know that, and it's going to take probably the next 8 to 10 years of 
serious budget work, under your leadership, to create a path to getting 
back on a budget surplus, or at least no longer deficit spending with 
items off budget, like you've heard discussed here today.
  The projected deficit for 2009, yeah, probably at least $1.2 
trillion. We inherited that. I'd argue that Fannie Mae and Freddie Mac 
added about a $5 trillion increase to our debt, and even under the most 
conservative estimates, at least, have a tough time gaining $1.6 
trillion of that back, under best of circumstances. The debt from the 
other bailouts adds at least another half trillion dollars. We're 
talking about the AIG bailout and the numerous stock and bond 
portfolios that we've had to bail out at taxpayer expense.
  Future interest on the new debt. Historic. I mean, it's $1.2 
trillion. Americans need to understand that that interest is consuming 
a lot of our ability to spend on other great programs.
  Medicare Modernization Act, part D, heralded as a great improvement 
in drug benefits for a lot of Americans; while I'm not sure they'd 
agree they've

[[Page 3381]]

gotten those benefits with the doughnut hole and inability to negotiate 
best prices. But what they can be sure of is it costs another $800 
billion that we don't have.
  The last administration thought they could fight a war, they thought 
they could increase spending, and they thought they could give tax cuts 
all at the same time. I don't think there's a household in America that 
believes that's good policy, good financial policy or a path to 
success.
  Right now we're investing more in the war. We're not taking care of 
our veterans that come home. I think we need to be turning that around. 
It will cost some money to do that. And over the next 8, 10 years, as 
the administration, led by President Obama and you, Mr. Chairman, seek 
a path to fiscal responsibility, Americans need to know it's going to 
take time and it's going to take a little effort. We're going to have 
to watch what we do on the mandatory programs. We're going to have to 
watch what we do on defense spending, we're going to have to watch what 
we do on wealthy tax breaks.
  We need to get back to the sound budgeting principles that we had 
under the Clinton administration and previous democratic 
administrations. The fact that the last 8 years there was no PAYGO is a 
testament to the fiscal irresponsibility of the previous 
administration. I'm proud to be associated with a Congress that 
believes that is important, and that we will be doing great things in 
the future.
  Mr. Chairman, we are in a world of hurt here. The D word, the D word, 
not deficit, but depression is being mentioned in the corners of this 
building. I hope that is not the case. I look forward to your 
leadership and leadership of President Obama and the Congress to get us 
out from under. Thank you, sir.
  Mr. SPRATT. I thank the gentleman for his statement and yield back 
the balance of our time.

                          ____________________




          MAKING TECHNICAL CORRECTIONS TO HOUSE RESOLUTION 24

  Mr. LARSON of Connecticut. Mr. Speaker, by direction of the 
Democratic Caucus, I offer a privileged resolution and ask for its 
immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 137

       Resolved, That House Resolution 24, One Hundred Eleventh 
     Congress, agreed to January 7, 2009, is amended--
       (1) in paragraph (2), by striking ``Mr. Kravotil'' and 
     inserting ``Mr. Kratovil''; and
       (2) in paragraph (4), by striking ``Mr. Moore of Kansas'' 
     the second place it appears and inserting ``Ms. Moore of 
     Wisconsin''.

  Mr. LARSON of Connecticut (during the reading). Mr. Speaker, I ask 
unanimous consent that the resolution be considered as read and printed 
in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Connecticut?
  There was no objection.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                       THE REPUBLICAN REVOLUTION

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Texas (Mr. Gohmert) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. GOHMERT. Thank you, Mr. Speaker. Appreciate that. And it has been 
interesting listening to my Democratic colleagues for the last 55 or so 
minutes talking about the deficit and what a problem that is for this 
Nation. I could not agree more. It was one of the things that 
frustrated me about previous spending through the 1980s, through the 
Democratic Congress, and then when we got to the first couple of years 
of the Clinton administration, we were still having deficit spending.
  And then there was the Republican revolution. And Americans let their 
voice be heard. They wanted a change. They did not want to continue the 
deficit spending. They did not want to continue welfare programs that 
lured people into a rut from which there was no hope of ever returning, 
luring them in with government benefits and then giving them no 
incentives, no way to get out of that rut. It was just tragic.
  And so Republicans gained the majority in November of 1994, came in 
in 1995 and, of course, there's a tug-of-war going on for credit over 
the balanced budget and the surplus that was created in the late 1990s. 
But it took a President and a Congress working together and the 
Republican majority to reach the surplus that was reached.

                              {time}  1745

  And that is what should have been done.
  Yet, as we have seen in this town over a period of time, when people 
are in power long enough, they begin to think too much of themselves. 
They begin to think, well, it's okay if I spend it, and that is what we 
have begun to see eventually from Republicans, and we have seen it from 
Democrats. That is what brought about the Republican revolution in 
1994, but it was beginning to show from Republicans in the early 2000s.
  The Republicans did a great job in the late '90s in helping bring 
about a balanced budget because, after all, it is the Congress that is 
in charge of the purse strings. It is the Congress that is required by 
our Constitution to come forth with the appropriation bills. It is the 
Congress that either overspends or creates a surplus. So, in the late 
'90s, we got the surplus, and President Clinton, after the Republican 
majority, stayed true to what they were elected to do. They created a 
balanced budget and they created a surplus.
  Then we came in to President Bush's term of office. Something nobody 
foresaw was September 11 of 2001. It was devastating to the economy. It 
is an extraordinary testimonial that our economy came back as quickly 
as it did after 9/11. After an attack like that, especially so close to 
the financial center of the country, for most countries, it would have 
devastated them, but it is one of the things that makes me and has 
always made me so proud to be an American. In an emergency, we come 
together.
  On September 12, I was so proud, yet hurt with so many Americans. At 
the time, I was a judge in Tyler, Texas, but on September 12, we came 
together on the courthouse square--hundreds of people, hundreds of 
people. By the end of it, we had all held hands, and we had sung hymns, 
and we had prayed together. On that day, there were no hyphenated 
Americans; there were just Americans, and we stood together.
  With a tax cut, then another tax cut, we stimulated the economy, and 
record revenue like never before in American history flowed into the 
United States Treasury. Tax cuts were not the problem. They helped the 
economy. They helped us rebound. We should have headed for a straight 
depression after 9/11, but instead, there were tax cuts. It was 
bipartisan. We moved forward and we helped the economy. There was a lot 
of rhetoric across the aisle about not cutting taxes, but as it turned 
out, the tax cuts helped create more revenue for the Treasury, not 
destroy revenue for the Treasury. The problem was not the tax cuts. The 
problem was the spending.
  Now, under Newt Gingrich's leadership as Speaker, we got to a 
balanced budget, and we got to a surplus. Then over the years and after 
hearing from people who were in power, looking back, there was some 
recollection and there came this feeling that, now that we are in 
charge as Republicans, maybe it's okay to spend like the Democrats were 
spending. They used to do it. Why can't we do it? The answer is because 
it is not good for the country.
  I agree with my Democratic colleagues in that there was too much 
money being spent, but that is why in November of 2006 the Democratic 
majority came into being and took over the purse strings. So, for those 
who want to talk about the terrible 8 years of the Bush 
administration's deficit spending, for the last 2 years under the 
Constitution, the people in charge were the Democratic majority. So we 
can see the charge; we can hear the blasting, but the truth is that the 
Republicans spent too much leading up into

[[Page 3382]]

2006, and that is why in November of 2006, after 2 years of my 
Democratic colleagues across the aisle blasting Republicans for 
spending too much, they became in charge of the purse strings. 
President Bush could threaten vetoes, but if you go back and actually 
look at the debates that were held on this floor during those 2 years--
2007 and 2008--when there was strong disagreement between the 
Democratic leadership's controlling things in the House and Senate with 
the White House, except for military spending, the disagreements were 
generally of always wanting to spend more, not less, and in wanting to 
run up the deficit more, not less. So it rings a little hollow here on 
the floor when I hear this talk about 8 years of terrible, runaway 
deficit spending bills when it has been the Democrats who have been in 
charge for the last 2 years.
  Then we had a very charismatic, wonderful speaker in Barack Obama, 
who ran for President and got elected. Mr. Speaker, as I had said on 
this floor in November or December, I did not support Barack Obama for 
President, but he is a man who conveys hope; he inspires confidence, 
and that is what this country needs. I like President George W. Bush. 
He is a smarter man than people give him credit for in most places. He 
is a good man, but he got talked into a bill of goods by the Secretary 
of the Treasury.
  I have to agree with the comment I heard from former Speaker Newt 
Gingrich when he said he felt like Henry Paulson would go down as the 
worst Secretary of the Treasury in history, and I think he's right, but 
he talked our President George W. Bush into coming out publicly and 
fear-mongering and saying we're about to hit a depression. All the 
things Paulson had said the President confirmed. Oh, we could have bank 
failures. Secretary Paulson told us, once that first bank fails, there 
will be no stopping it. It will be a catastrophe. It's going to be 
terrible. That can be a self-fulfilling prophesy. The President is not 
supposed to say we're headed for doom and gloom. The President is 
supposed to be Presidential and say things like Franklin D. Roosevelt 
said when he said, ``The only thing we have to fear is fear, itself.''
  We can come out of this. It would have been Presidential to point to 
2001 and 9/11 and to say look at how we came back from that disaster. 
For most nations that would have been hit that hard financially, 
economically and especially to their souls with the loss of so many 
precious, innocent lives, it would have been too much to come back from 
but not for this country. We came back. The President could have 
pointed that out, and could have said, ``We've got problems with 
banking. We've got regulations that need fixing. We don't need to have 
incentives for companies to go out and push people into mortgages that 
are more than they can afford so they can wrap them up in a security 
and sell them elsewhere and take their millions and billions of dollars 
in profit and then walk away clear and sell credit swaps which were 
really insurance but dance around the insurance regulations.'' Well, 
those things need to be fixed. We could have done it, but we still 
haven't fixed all of those problems.
  Instead, we had a policy proposed by the Secretary of the Treasury, 
Mr. Paulson: Just give me $700 billion, and I think I can help things.
  Well, I tried to tell my colleagues on the floor to read the bill. 
``Please read the bill.'' We've never done anything like that in this 
country's history since we've had a Constitution. In 1776, on December 
27, there was similar power given to George Washington, but he did not 
ask for it; he hardly used it at all, and he gave it back timely, but 
that was not the case here. Fear-mongering got a $700 billion bailout 
bill passed.
  I might point out to my colleagues who've been in here, bemoaning 
deficit spending, to that point, that was the biggest spending spree by 
this country, outside the budget, ever in history. It's bigger than, I 
think, all but 14 or 15 nations' budgets for the whole year. As for 
this $800 billion spree that has been voted for already in the House--
it is supposed to come up again shortly in the House--if that were our 
entire economic spending in the country, I believe we are either 
above--just above or below Mexico if that were all of the spending for 
the country. It is an enormous amount of money.
  I tried to warn people back in September, especially in our 
conferences: Please don't join with the Democrats in passing this 
terrible bill. There are not enough restrictions on spending. This is 
just giving a guy a slush fund to throw where he wants to. He can even 
spend more than fair value for anything he wants to buy. Now we found 
out he did. Now we found out that he did not spend all of the first 
$350 billion, as I understand it. So we have been told, well, we need 
now Secretary Geithner to control things because he was a protege of 
Paulson's. He worked with him. He knows how this was being done. Well, 
to me, that's more of an indication that he should never have been 
approved for the office, never mind the problem with his certifying 
that he paid taxes that he never did until he was caught.
  If he really believed in this country, if he really believed in the 
principles of this Nation, we did not need one man with that kind of 
authority. That was a terrible mistake.
  One of my other concerns from September has been borne out. I told my 
Republican colleagues in private meetings: If we pass this, it really 
desensitizes Americans to just how much money $700 billion is, and it 
did, because if President Bush had not come in and asked for $700 
billion, then there would have been no way that President Obama could 
have come in with a straight face and asked for more than that, but 
that is where we are because that is what has happened.
  Now, what begins to occur when a Congress does not control itself and 
starts spending too much money, unlike the Republicans after they took 
over in January of '95 and on up through the end of the Clinton 
administration, we begin to see Republicans spending more. Even though 
the tax revenue surged, it seemed to encourage the Republican majority 
to spend more. Yet, if you go back and look at the debates on this 
floor between that side of the aisle and this side of the aisle, in my 
first 2 years, we were usually fighting off requests for more spending 
from my Democratic colleagues than less spending. There were those of 
us on this side who would argue for less spending, but the White House 
would ultimately, over and over, it seemed like from just my 
impression, cave in to the Democratic demands and agree to spend more 
money and come closer to what the Democrat minority wanted to spend, 
and that would make it appear more bipartisan.
  Then we get to this point where Congress says, as it is beginning to 
say and as this administration is beginning to say, we cannot trust the 
American people, and we cannot trust them to spend their own money. My 
goodness, they may not spend it the way we would want them to, and 
since we are so much smarter here in Washington about how to spend 
people's money, not our own, then we'd better not let them have their 
own money to spend.
  As most people around here know, I proposed a 2-month tax holiday 
where money would just not be withdrawn for Federal income tax purposes 
and for FICA purposes. Some say, well, that may put a drain on the 
Social Security fund. There is no Social Security fund. If we had the 
proper nerve in this body, we would get a majority that would agree to 
pass a law that says Social Security tax money has to go into a Social 
Security Trust Fund, but we've not yet gotten a majority from either 
side that is willing to do that. I am still hopeful, and I still pray 
that that will occur.

                              {time}  1800

  But then I saw this quote from Senator John Kerry that seemed to 
substantiate exactly what we were talking about, where he said, ``But a 
tax cut is non-targeted. If you put a tax cut into the hands of either 
a business or an individual today, there is no guarantee they are going 
to invest their money. There is no guarantee they are going to

[[Page 3383]]

invest their money in the United States. They are free to invest 
anywhere they want, if they choose to invest.'' That was Senator Kerry.
  That's the attitude that kind of creates a problem in Washington 
because it seems like what is beginning to permeate again is this 
atmosphere of arrogance that says the American people are too stupid to 
spend their own money. Let us help them. We'll throw it to banks that 
are not going to lend more money. We're going to throw it over here to 
an insurance company that will take some nice trips. I'm sure if the 
taxpayers had their own money they might not take as nice a trips as 
these guys will be able to take with taxpayer money.
  The problem is we don't have the money. We're having to borrow it. 
We're having to print it, and you can borrow and spend your way into 
nonexistence. The Soviet Union did it. Iceland has now spent their way 
into bankruptcy. It is not something that should be followed.
  I hear my Democratic colleague, who I have a great deal of respect 
for, talking about in 2001 we could have fixed the AMT. We could have 
done away with the estate tax. Well, we should have done it in 2005 or 
2006, my first two years here, but we sure didn't get more than a 
handful of Democrats who were willing to help, and so we were not going 
to be able to pass it through both the House and Senate.
  No time like the present. You want to stimulate the economy, have a 
tax cut, because unlike some of the people here in Washington, some of 
the people in the House, some of the people in the Senate, we don't 
have to consider the American people as the problem. They are the 
solution. The American people that came together after 9/11 to pull 
this Nation up by its bootstrap, they're the solution.
  Now, what gave me the idea of having a tax holiday, where you don't 
take withholding out for a couple of months, is actually when I heard 
some extraordinary figures about the spending and the promises that 
have been made. Let's see, we had an an article from bloomberg.com, 
February 9, by Mark Pittman and Bob Ivry: ``The stimulus package the 
U.S. Congress is completing would raise the government's commitment to 
solving the financial crisis to $9.7 trillion.''
  This article says, ``The Federal Reserve, Treasury Department and 
Federal Deposit Insurance Corporation have lent or spent almost $3 
trillion over the past 2 years and pledged up to $5.7 trillion more.''
  Well, when I saw figures like $8 trillion originally, now they're 
talking up to 9.7, I asked for a figure on what was projected to be 
received in individual income tax for the year 2008. The figure that I 
was provided was $1.21 trillion from individual taxpayers paying their 
individual taxes. It doesn't include corporate tax or so many of the 
other Federal taxes that we have hammered people with but just 
individual income tax.
  And what blew me away was, you know, now $9.7 trillion in spending 
and guarantees and you could take a fraction of that, $1.21 trillion, 
and tell everybody for 2008 you get all your money back; every dime you 
spent in individual income tax is coming back to you. Can you imagine 
the cars that would be bought, Detroit bailed out; the homes that would 
have been built, the homes that would be purchased.
  You know, we were struggling a little bit in East Texas back in 
September of last year, but until the Secretary of the Treasury ran 
around like Chicken Little and talked the President, a good man, but he 
talked him into supporting his position, we were doing okay. But once 
they started screaming that the financial sky was falling, instead of 
coming in and saying we've got to have immediate fixes to Federal 
regulations and incentives to do the right thing, they claimed the sky 
was falling, and that's a self-fulfilling prophecy. When the President 
of the United States says the stock market is going to crash, then it 
will.
  When the Treasury Secretary tells us the stock market is going to 
crash on this Monday if you don't pass the bill to give me $700 billion 
to play with, it's going to go down 777 points. I was surprised it 
didn't go down more than that with the self-fulfilling prophecy like 
was made.
  But the problem is--one of the problems--the hope that I had from the 
hope that was talked about by President Obama, just a really likable 
guy, but he inspires hope and confidence, until he took over as 
President. And now what we're hearing is it's all doom and gloom, and 
that's been devastating.
  You know, we have heard recently President Obama--and by the way, I'm 
tired of people saying, well, his inaugural address wasn't as good as 
it should have been. I thought it was terrific. It's just some people 
expected people in the audience to start swooning like they did at some 
of his other speeches, but it was a wonderful inaugural address. I 
thought this was a great line.
  He said, ``Less measurable but no less profound is a sapping of 
confidence across our land--a nagging fear that America's decline is 
inevitable, and that the next generation must lower its sights.''
  And he said, ``We have chosen hope over fear.'' Now that inspires me. 
Those are great words, when he said, ``With hope and virtue, let us 
brave once more the icy currents.'' After talking about the bravery and 
gallantry of Washington and his ill-equipped men crossing the Delaware, 
I thought it was a great speech.
  But now, he's saying, ```It's getting worse, not getting better. . . 
. problem is accelerating, not decelerating.'''
  House Speaker Nancy Pelosi said last month, ``Our economy, `is dark, 
darker, darkest.'''
  Our chairman, David R. Obey of Wisconsin, said, ```This economy is in 
mortal danger of absolute collapse.'''
  Senator Claire McCaskill of Missouri said, ```If we don't pass this 
thing, it's Armageddon.'''
  Well, an article in the Washington Times said, ``With his fiery 
rhetoric, the new President runs the risk of terrifying consumers and 
investors, which could depress the economy even further. While the 
economy is bad, it is a far cry from Great Depression levels, when as 
many as 30 percent of Americans were unemployed, compared with the 7.6 
percent now.''
  And of course, if you're one of the people that's just lost a job, it 
doesn't matter what else is happening in your world, your economy is 
devastated. But if we provide the hope and the courage and the 
confidence that was so beautifully and eloquently discussed by our now-
President when he was running for office, I think he can undo the 
damage of the laws of confidence and inspire people to get back to 
work.
  Because what I heard in East Texas after September was, well, you 
know, we were going to buy a house or build a house or buy a car, but 
you know, we're hearing a depression is on its way, may be here, so we 
better hold up and not spend that money and see what happens. There are 
people with money. There are people with money abroad, and there are 
people with money in the country. Most people have lost a lot of money, 
but some still have money who could invest, but they want to wait and 
see what's going to happen because they don't want to be sticking their 
neck out at a time if the President and the Democratic leadership are 
going to be talking doom and gloom and help create a worse crisis 
instead of help get us out of it.
  But this $9.7 trillion in pledges, let me just tell you it's 13 times 
what the U.S. has spent so far on the wars in Iraq and Afghanistan. 
That's according to the Congressional Budget Office. Just staggering.
  I thought it was interesting, let's see, here's a quote, ```Mr. Hope 
has to be careful not to become Dr. Doom,' said Frank Luntz, a 
political consultant and author of the book `Words That Work: It's Not 
What You Say, It's What People Hear.'''
  Mr. Luntz went on, ```The danger for him is using the Jimmy Carter 
malaise rhetoric, particularly for Mr. Obama, who was elected because 
people thought he was the solution. There's only so much negativity 
they will tolerate from him before they will feel betrayed.'''
  That's true. I mean, we need our President to step up and not be 
talking doom and gloom but encourage us.

[[Page 3384]]

  It's really reassuring to hear people across the aisle, as we did for 
the last hour, talking about the problems of deficit spending. Friends, 
I'm with you. Mr. Speaker, that's what we need. We need people who 
understand that the deficit spending has created problems. So you don't 
come in to fix a problem by doing more of what created the problem. You 
know, it's like that stupid joke where a guy goes into the doctor and 
says, ``It hurts when I do that,'' and the doctor says, ``Well, don't 
do that.'' If you're hurting the country by deficit spending, don't do 
that.
  Now, if it's going to take a little tax holiday to help instill that 
confidence, that's what we can do, and it wouldn't take $1.21 trillion, 
which is all the individual income tax for a whole year. But there have 
been independent studies. Now Moody's Economy had one that said, of all 
the tax proposals, the one that increases the GDP in 1 year more than 
any other proposal is the tax holiday proposal.
  And people across America are getting that, and they're picking up on 
this arrogance that's reemerging. Some Republicans had it when we were 
in the majority. Some Democrats had it before Republicans won the 
majority, and that's why they won the majority in November of 1994, and 
now it's picking up in Washington again: American people are too 
stupid, we have got to throw all this money away instead of letting 
them have it.
  But that's why I would like to encourage the American people, Mr. 
Speaker, it would be so helpful if people across America were to let 
the leadership hear, and I've got the names here of the Speaker and of 
the minority leader and, in the Senate, the majority leader, Senator 
Harry Reid, and of the minority leader, Mitch McConnell, because if 
Americans will let their representative and their senators know and 
then let these people know--I've got the Capitol switchboard number 
here--if they were to let those people know, cut out the arrogance, let 
us have a tax holiday for at least a couple of months, it will be a 
whole lot cheaper than even Geithner's plan that's supposed to come out 
tomorrow to spend $350 billion. And apparently he's got ability and 
authority to spend even more than that because what we've heard is that 
you know, gosh, Secretary Paulson didn't spend all the $350 billion so 
he's got more of that he can spend.
  So, if we were to have a 2-month tax holiday of both FICA and 
individual withholding, the figures that we have been provided would be 
that it would cost around $334 billion for 2 months, and that could be 
made up by the money that's already been allocated.
  But we did a poll in East Texas to find out how people would spend 
their money if they got a 2-month tax holiday, and we encouraged them 
to look at your check stubs, look at how much withholding is taken out 
of your check each month for 2 months, see what that huge total is, and 
then let us know what you would do with the money. These were the major 
answers we got: Invest in small business; invest in the stock market. 
The most common answer we got is that that would help us buy a home, 
someone to build a home. Let's see, number one answer is, if you 
combine them all together, combine these as a group, would be to catch 
up on their mortgages and pay off credit cards.
  And perhaps that's what Senator Kerry's talking about. Maybe they 
wouldn't invest their money. Maybe they might put it in the bank. How 
about paying off their credit card? We heard Secretary Paulson and now 
Secretary Geithner saying we do need more lending in this country, and 
that's why we need this money, to help shore up the credit business, 
create more lending.

                              {time}  1815

  Well, what we've heard from people is that if you give us our 
withholding for 2 months, we will catch up on our mortgage, we'll pay 
off our credit cards, and we'll have some money to go eat out on. And 
that was another big answer, ``Go out and eat.'' Some said, ``Just to 
shop.'' Some said, ``To finally take a trip and have fun with the 
family,'' something they haven't been able to do for a while.
  But that would help America.
  And even if these people that some deemed too stupid to know how to 
use their own money that they earned in their own paycheck, if they put 
it in the bank--maybe that's not what Senator Kerry was thinking about 
in the way of investment--but if it increases confidence in our 
economy, let somebody put some money in the bank. It would be good for 
them, more money in the bank, more money to loan.
  But all of this talk about doom and gloom has got people scared. And 
now we're hearing there's a bill that would allow bankruptcy judges--we 
had testimony on it in the Judiciary Committee--that it will allow, for 
the first time, bankruptcy judges to drop the principal on a mortgage, 
on a home loan mortgage. That's really interesting.
  And then one witness said, ``Well, but they've been able to do it in 
some places where judges could lower the principal.'' And on being 
pressed, he had to admit that actually in those rare cases, the debtor 
was required to pay the extra principal that was reduced within 5 
years, so nobody hardly ever does that because most people who file 
bankruptcy can't pay that kind of money for principal that quick.
  Anyway, again, Mr. Speaker, if people wanted to get across to the 
leadership in this Congress that has the purse strings--not the 
President--this Congress, House, Senate, by Constitution have the purse 
strings, then they would be amazed at what they would see happen if 
people across this Nation--Democrats, Republicans, bipartisan--let 
these folks know how they feel about either Washington squandering 
their money--because that's what I see what's been done--or the people 
that earned it actually getting to spend that money.
  So what are some other solutions? Well, I would have hoped we would 
hear these things from the President because that's where you can 
instill hope so easily. You've got the bully pulpit. But that's not 
what we've heard so far.
  One of the things that some of my Republican colleagues and I have 
been trying to get it across--we tried to get it across in the last 
Congress the last 2 years--that there is so much that would boost our 
economy if we would use our own resources. We have energy resources. We 
have been so blessed with so much in the way of natural resources, like 
no nation in the history of the world. What a blessing we have had.
  You know, some complain that there are not enough trees, but if you 
look and you do your little investigation--like those of us on the 
Resources Committee have heard and read about--actually there are more 
trees in the United States of America right now than ever in history; 
more than 100 years ago, more than 200 years. We have been so much more 
cautious and so much better stewards about this great land that we've 
been blessed with. But we can use the resources we've got.
  Now, on energy, we got notice we've got a hearing this week and a 
couple more coming up about why we ought to cut off and renew the 
moratorium on offshore drilling on the Outer Continental Shelf 
drilling. Well, the people need to remember what they did in September 
because in September, they let Washington hear from them, and those who 
are in the Democratic leadership at the time realized--this is the way 
it appears to me--they realized if we extend the moratorium on offshore 
drilling right now when people are paying so much for gasoline and 
natural gas and heating oil, they may throw us out of the majority come 
November, so let's hold off on that.
  And there were rumors, and I don't like to give any credence to 
rumors. And there were rumors back at the time that gee, there were 
some in leadership, Democratic leadership, who were telling the 
environmental folks--who were so way far off the left that they don't 
think there is any way for man and energy to work together and still 
have a good environment--but they didn't want the moratorium dropped, 
but they seemed to be comforted. They quit making noise. For

[[Page 3385]]

some reason, they began to think that, gee, when the Democrats got past 
the November election and stayed in the majority, the moratorium would 
be forthcoming.
  Well, low and behold, here we are in February and here we've got 
three hearings scheduled on why we should have a moratorium on the 
offshore drilling again.
  Just incredible.
  Looks like the American people, Mr. Speaker, are going to have to let 
the leadership know again just how they feel about that because we're 
going to see natural gas, heating oil, gasoline, we're already seeing 
that come back up. And there is a meeting now posted for OPEC where 
they're going to talk about cutting production so that we are forced to 
pay more. We knew this was coming. And yet we had the resources to 
avoid having to send all of this money overseas.
  You know, you look at what we've got here. We have more coal than any 
nation in the world. I don't want to see black smoke creating all these 
terrible air problems that have happened in our country in the past, 
but the air's been cleaned up. You know, you'd fly into some of the 
cities that used to have a big brown smog cloud over it. We've done so 
much better. We're doing so much better. We're doing better in that 
area. And I don't want those days to return where there's black smoke 
billowing up. But most of the smoke you see now is steam.
  But we could use clean coal techniques. We could use coal-to-liquid 
technology. We could use more wind as Boone Pickens advertised so much 
about.
  And, you know, if France can make nuclear energy work and have over 
70 percent of their energy come from nuclear without a major incident, 
with American ingenuity, do we not think we could do the same thing?
  Natural gas. Now, natural gas is an incredible asset--as my friend, 
Congressman Vern Ehlers, likes to talk about--that is such a valuable 
commodity. It is feedstock for so many things. So many of the products 
that we use and save people and doctors and just across the business 
spectrum, across our own comfort spectrums, we have products that were 
derived using natural gas as a feedstock.
  And we may have more natural gas anywhere. The estimates I've read 
indicate probably the second-most natural gas in the world, if you're 
allowed to go off the Outer Continental Shelf--especially around 
Florida--but I didn't realize until we got to Congress that we have oil 
and gas reserves up and down the west coast, California up through 
Washington. We've got it from Maine down to Florida. And the gulf coast 
is rich with it. In Texas, off the Texas gulf coast, Louisiana gulf 
coast, a couple of the others have some rigs. I mean, we are producing 
oil and gas as fast as we can to try to be a team player and help this 
country.
  But we need some help. We cannot afford for States to be so selfish 
that they don't want to see a rig. And to me at night, looking off the 
Texas coast, it's kind of pretty to see a light or two sparkling out 
there. And we also know if they are producing toxic problems, then we 
need to shut them down. I'd be leading the charge to do so.
  What we saw after Katrina, this terrible hurricane that hit at a 
level 5 out on some of these platforms, we didn't have any leaks. The 
technology is amazing. They shut those things in. Some of them were 
totaled as platforms. It was a level 3 when it hit Louisiana, but it 
was a 5 and devastated some of those platforms. No leaks.
  When I was growing up, we'd hear people say, you know, we can't have 
platforms out there off our Texas gulf coast because if we do, it will 
destroy all fishing for all time in the Gulf of Mexico off our coast. 
Well, what they found was when they put those platforms out there, they 
become artificial reefs. And now many times when you want to go 
fishing, people will encourage going out around these platforms because 
the fish have adapted so well.
  So there is so much we could use. The hydrogen technology, water, 
solar. I filed a bill last Congress, and I intend to file again--never 
got to the floor--but I think for the long term, solar provides the 
cleanest, best potential for energy in the universe. What an incredible 
source. We just need to figure out better ways to use it.
  We have never come up with a way to hold electricity. We can hold DC 
current, we can hold power, we can hold energy. Some have figured out 
if they pump water up into a high reservoir during off-peak times, they 
can let it flow downhill, turn generators, produce more electricity 
during peak times. And that's storing energy potential up there, but 
still we haven't found a way to store electricity.
  I know some scientists say we'll never be able to do that. Some say 
there may just be a way. So my bill would provide a $300 million prize 
for anybody who comes up with a way to store megawatt electricity for 
30 days without losing more than 10 percent of it. Some say it can't be 
done. And the truth is, if we put a prize out there and it started 
getting these brilliant intellects in this country to focus on that and 
they were able to do it, they would make so much more money than $300 
million, they would be set.
  But it's the Congress' job to inspire people to reach beyond 
themselves--not to lure in a rut--but to reach beyond themselves. And I 
think one day, solar will be our ultimate energy answer. But in the 
meantime, we could be completely energy independent if we just use what 
we've gotten.
  And when we hear all of these estimates about job loss--and we know 
that every report of job losses, it isn't just 50,000 or 500,000; it is 
each individual case creating a devastating hurt: economically, 
mentally, emotionally, families hurting.
  Well, so what alternatives do we have to giving another $800 billion 
on top of the $700 billion that we've already given to the Federal 
Government? What kind of alternatives are there?
  Well, how about using the energy that we have? Because when we start 
looking at all of our resources--and we got this thick shale up around 
Utah, Wyoming, part of Colorado--we've seen estimates that range 
anywhere from one trillion to three trillion barrels of oil that can be 
obtained from that thick shale. We've seen estimates that there may 
only be one trillion left in the entire Middle East.
  We've also seen the report that if we open up ANWR to production in 
Alaska, to oil and gas production, that we could cut 70 percent of our 
usage of Middle East oil and gas. Wouldn't that be wonderful? We could 
be so much more relaxed.
  But the thing about using our own energy that goes beyond not sending 
money to other countries--some of which really don't like us; some of 
which may allow the growth of terrorists and training of terrorists 
within their boundaries--we cut that off. We use what we have.
  So it was incredible to see this report about the jobs that would be 
created from development of Alaska's oil and gas reserves.

                              {time}  1830

  That's right, jobs that would be created from use and pursued 
development and production of oil and gas in Alaska. There would be new 
jobs in all 50 States. We have heard President Obama say first, as I 
understood him, we were going to have--he was going to create 3 million 
new jobs. Then, I believe I heard him say today, actually, ``We are 
going to create and save 3 million new jobs.''
  Well, I liked it better when he was saying he wanted to create 3 
million new jobs because once you say we're going to save a job, 
there's no way to either disprove or prove that you have saved a job, 
most of the time. So you say you saved a job. How can we know? You say 
you created a job. We know you create a job if it's created.
  Well, how about this? Alaska's oil and gas resources, if we were 
allowed to pursue them properly, as President Jimmy Carter, back when 
he was President proclaimed should be done. He proclaimed ANWR, as he 
set that section 1002 off because nothing really can grow there, 
nothing can live there. What a perfect place to have a small footprint 
to help us with our energy needs until I say we get to solar.

[[Page 3386]]

Maybe we can do hydrogen and water. That would be fantastic.
  Here are the jobs that would be created. In California--new jobs--
334,000 new jobs; Washington State. Right now, actually, in Washington 
State they have a huge unemployment problem. There's 234,000 people out 
of work in Washington State. If we allow Alaska to produce their oil 
and gas, it creates 139,089 new jobs.
  Pennsylvania. You wouldn't have thought maybe Pennsylvania would do 
so well. But there are some people struggling in Pennsylvania, looking 
for jobs. There's 347,800 people out of work in Pennsylvania, according 
to this report. The new jobs would be created just from opening up 
Alaska's reserves. Wouldn't cost us any money. In fact, we could make 
money off of leasing that property--142,529 jobs.
  New York State. You might not figure they would benefit with new jobs 
from opening up Alaska's oil and gas. But, 93,356 jobs. New Jersey, 
39,136 jobs; Illinois, 40,609 jobs.
  The overall gain, 1,074,640 jobs from Alaskan oil, and 1,135,778 jobs 
from pursuing Alaska's natural gas reserves. Overall, 2,210,418 jobs. 
That would be kind of nice. We wouldn't even have to spend any money. 
We'd get money in from that. We'd make revenue off of that.
  Yet, what did we hear? How is the Federal Government now going to 
help us? Well, before the Bush administration went out--and it takes a 
long time to put Federal lands up for lease for oil and gas production 
because there are battles galore. We heard in the last Congress I 
forget how many--60 million acres or something--that are currently 
under lease and not being produced or utilized. Interesting. Nobody 
ever tells you how many of those acres are tied up in lawsuits, because 
that is the thing that happens.
  If we created an Outer Continental Shelf drilling bill and didn't 
have a speedup on litigation, with a quick turnaround time so we could 
get answers on whether it was lawful or not, then it would be 
successful dragging them out like they have so many of the millions and 
millions of acres that are tied up now in litigation that are not being 
able to be utilized.
  But the Bush administration knew that would create jobs so they put 
some leases in the western United States up for lease. That was a good 
thing. They put it up for bid because the high bidder gets the lease. 
And they awarded the bids, and the checks came in from those 
individuals. And as the checks came from those individuals, so did 
President Obama's administration.
  So, here's an article from the AP--just a little quote from it--and 
this is about Interior Secretary Ken Salazar has had the U.S. breach 
its promise on leases already studied. The bids were offered, the bids 
were awarded. The checks were sent in. They were paid. Here's the story 
from the AP last week.
  Secretary Salazar says he is scrapping the lease of dozens of parcels 
of Federal land for oil and gas drilling in Utah's Red Rock Country. 
Salazar says the Bush administration rushed an auction in December of 
some of the country's most precious landscapes around national parks 
and the wild Green River.
  We have rigs in State parks, all kind of parks around Texas, and we 
welcome them. They produce jobs, they help the economy. They put kids 
in nicer schools. They do extraordinary things with a tiny, tiny 
footprint that we demand is done right.
  Salazar on Wednesday ordered the Bureau of Land Management, which is 
part of the Interior Department, not to cash checks from winning 
bidders for the parcels at issue in a lawsuit filed by environmental 
groups. A Federal judge last month put the sale of the 77 parcels on 
hold. Now Salazar is saying he won't sell any of them, at least not 
until the Obama administration has a chance to take a second look.
  Well, those are jobs that aren't saved. Those are jobs that are being 
lost. And they are jobs that are not being utilized, and this country 
deserves better.
  I see my friend from Utah here. I would yield to him if he has a 
comment on that.
  Mr. BISHOP of Utah. If you have, Mr. Gohmert, the gentleman from 
Texas, just a moment on the last chart you brought up, because it does 
deal with my State. And I appreciate you bringing that issue up because 
it was one of the surprises we had when the new Secretary of Interior, 
Mr. Salazar, did indeed take off from potential leasing those 
particular areas.
  What I'd just like to speak to you specifically about this particular 
issue is when he said that the Bush administration rushed to sell these 
leases, they were in a hurry to get them done, nothing could be further 
from the truth.
  These leases are part of a resource management plan which had been in 
effect for 25 years, and we were trying to update them for the first 
time in 25 years. Each one of these leases went through 7 years of 
study, hundreds of town meetings, thousands of inputs from individuals. 
Now, I'm sorry. If 7 years is a rush to judgment, something is wrong 
somewhere.
  What we are talking about here are decisions that were made not only 
by Federal BLMA employees as to the viability of these lands, but also 
the State of Utah. So the State Fish and Wildlife chairman was in 
charge of signing off on all this. The State Historical Preservation 
officer was in charge of signing off on all these particular leases.
  When they were announced after 7 years of study and, might I add, 
there was not one acre added to this management plan that had been in 
the management plan 25 years. The Park Service objected to a few acres 
around the national parks. Those were withdrawn by the Bureau of Land 
Management.
  So these acres are not around those national parks. These acres--77 
leases--these acres were the product of a lawsuit by special interest 
groups that were pulled off the table by Secretary Salazar, not because 
it was a rush by the Bush administration, but it was a 7-year planning 
session. These are all miles away from any kind of natural splendor in 
the State of Utah. And that is why it is so astounding.
  I am amazed that if you actually look at the number of leases that 
were done--you probably cannot see this on the camera--but, starting 
with the Clinton administration, every year we offered 3,300 leases; 
3,800 leases, 30,000 leases, 3,300 leases. And, when Bush took office, 
the number went down to 25, 16, 14, 15.
  The average number of leases in the 7 years of the Clinton 
administration was 2,900 year. In Bush, 1,900 per year. The Clinton 
administration offered more opportunity for exploration of natural 
resources than the Bush administration did. And when we say this is a 
rush to judgment, he was paying off rents at the last minute, it is 
flat out not true.
  What happened is the Secretary of the Interior in a knee-jerk 
reaction to special interest groups pulled off land that should never 
have been pulled off because it was land that had been thoroughly 
vetted, and the only changes in the land plan was to make it more 
environmentally sensitive as to landscapes, noisescapes, lightscapes, 
and disruption of the surface property.
  This is my territory. I know about it. And I am incensed that this 
was done, because there is no rational reason for it.
  I yield back to the gentleman from Texas.
  Mr. GOHMERT. I appreciate my friend from Utah. It's one of the 
reasons I love my friend from Utah. When I saw my friend on the floor, 
I knew that you would be able to enlighten even further.
  So, it looks like what we could suggest for our Interior Secretary 
Salazar, since he thought these leases were, as he says, some of the 
country's most precious landscapes around national parks and wild Green 
River, we will just have to encourage him to discover a little more 
about America so that he will understand what it is before he kills 
more jobs, hurts more families, as he does.
  My time is wrapping up. What occurs to me when we see these 
incredible resources that would just, if we did the Outer Continental 
Shelf and Alaska's oil and gas, which Alaska, the vast majority want to 
pursue, we'd have the 3

[[Page 3387]]

million jobs. It wouldn't be saving the jobs. Those would be saved. But 
we would have 3 million-plus plus new jobs.
  What I thought about is a sweet man--I just loved him to death--from 
Nacogdoches, Texas. Bob Murphy. He passed away a few years ago. But I 
used to love to hear him talk.
  And he told a story one time back when I was in high school, the 
first time I heard him, and he said that there was a fellow that came 
to have coffee with him at the coffee shop every other day. And every 
time he would come in, he'd order coffee. And the waitress would pour 
his coffee. And he would take the sugar jar and just pour it. And you 
knew that at least a third of the cup was full of sugar, and then he 
would never stir it. And he would drink it, they would add more coffee, 
and he'd add more sugar, and never stir.
  Finally, it got the best of Bob. And he said, Look. Why don't you 
just stir what you got? He said, Bob, if I stirred all that sugar, it 
would make me sick.
  Well, here in the United States, if we stir what we got, if we use 
these incredible resources with which we have been so blessed. We 
provide jobs. We have money here at home that we don't have to send to 
other countries. We provide for ourselves, we provide for the common 
defense, we provide people the opportunity to reach their God-given 
potential.
  We have been so blessed. It's ashamed to keep giving back and saying, 
No, thank you, God. We don't want these gifts. We are not going to use 
them.
  It's time to use what we have got, stir what we have got. Thank you, 
Mr. Speaker. I appreciate the time. I yield back.

                          ____________________




                       OMNIBUS LAND BILL of 2009

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Utah (Mr. Bishop) is recognized for 
60 minutes.
  Mr. BISHOP of Utah. I appreciate the opportunity of being here. I 
appreciate being able to catch the last of the gentleman from Texas so 
I could add in, especially as he talked about my home State.
  It's unusual because, to be honest, most of everything we are talking 
about in this Nation and in Congress is the stimulus bill. Everything 
is about the stimulus bill. And it's appropriately so.
  It seems to those who are cynical here in Washington that we are 
trying to push the stimulus bill through as fast as possible in, as the 
cynics would say, an effort to try and stop people from seeing what is 
actually in there, because the more we look at it, the more problematic 
the entire bill comes.
  But today I wish to talk about a different bill, as ominous as the 
stimulus bill. In fact, it is called the Omnibus Land Bill of 2009, 
which will be coming up this week. And if you think the stimulus bill 
is being rushed through Congress, the way this omnibus land bill is 
being pushed through Congress makes the stimulus bill look like it's 
absolutely plodding through this process.
  The omnibus land bill that will be up sometime this week, supposedly, 
is over 160 different bills wrapped into one gigantic bill. Seventy-
seven of those bills have never been discussed in the House. There has 
never been a hearing, nor a markup in committee, a vote on the floor, 
of over half of those particular bills, which means if I was allowed 
this hour to talk about every one of these bills, I would have to take 
around 20 seconds apiece to go through everything that is in this 
particular omnibus land bill.
  And one must have to ask very simply, Why do it so quickly? What is 
the speed? At least in the stimulus bill we can say there is an 
emergency that we have to do something, but we can't do it here.
  So I intend to speak about this omnibus bill and say why there are 
some problems, even though I fully admit there are some very, very good 
bills in the omnibus bill. I should know that two of them are mine. And 
they are very good bills.
  Chairman Rahall of the Resources Committee has some bills in here 
that we have talk about on the floor and in committee. They are very, 
very good bills.

                              {time}  1845

  But still, 77 of them are bills that the Senate decided to put into 
this package without the House having any kind of input or hearing into 
this process.
  So I am going to be talking about the problems of this bill and the 
process of it, the cost of it, as well as the content that happens to 
fit into this particular pattern.
  Now a lot of people here in this House have been former State 
legislators. That gives us some ability to help as far as understanding 
the process of what is going on. But it also helps us to understand 
there are other ways of doing things. I have to admit, in most State 
legislatures, this type of bill would not be allowed to come to the 
floor. Most States have germaneness laws, which simply say for every 
bill, it is one topic area, and that is because every bill deserves to 
be discussed and voted on its merits and not lumped together with 
something else to help it through the process.
  Indeed, if you have an omnibus land bill that creates a new Under 
Secretary of Energy, one can logically say what does that have to do 
with a land bill, and they would be correct. No State would allow this 
tragedy to take place.
  One of the senior Members of this body is purported to have said, I 
have yet to ask him if it is true or apocryphal, but he is purported to 
have said that if I allow you to create all of the policy decisions, 
and you allow me to make all of the process decisions, I will screw you 
over every time, which simply means whenever we play fast and loose 
with the rules of the game, our process, there are going to be winners 
and losers. We are playing fast and loose with the rules of this 
particular game.
  In the retreat that the opposition party, Democrat Party, just had, 
they made a statement. The spokesman for the Speaker said both the 
Speaker and leadership agree that it is preferable to use regular 
order, especially in nonemergency cases, and that has always been the 
intent.
  This is not an emergency bill, but we are not going through regular 
order or using the process allowed. And someone would simply have to 
ask, Why? Why are we allowing the Senate to send over a blob of bills 
in which every case possible, when there was a Senate version, the 
House version was dropped and the Senate version was put in there? Why 
is it that House amendment after House amendment discussed on this 
floor, passed on this floor, both Republican and Democrat, were simply 
eliminated by our friends on the other side of the body? Why is it that 
they said discussing House amendments would take too long?
  Some of the bills placed in this package have been sitting over in 
the Senate for 2 full years, passed in this body 2 years ago, and one 
would simply have to ask how long does it take for a Senator to read an 
amendment and why should we have a flawed version? What is the rush on 
this particular bill and who are the losers if we place this process in 
this particular order.
  One of those answers is, well, taxpayers. This bill, according to the 
Congressional Budget Office, has somewhere between a $7 billion to $10 
billion price tag. In the stimulus bill, depending on how it ends up, 
there was $2 billion put in for the National Park Service to try to put 
a dent in the backlog of National Park Service projects. I understand 
why that is there, and it is definitely needed.
  In my State, where they have those leases that were dismissed, 
unfortunately, is Dinosaur National Monument. This is the Visitor 
Center. This is one of the coolest places I have ever been. You go 
inside, and they have scraped some of the dirt off the side of the 
mountain and you can see embedded in the rock, fossil remains of almost 
any dinosaur you want. It is a fantastic site, and this Visitor Center 
is condemned and closed for years because the Park Service does not 
have the money to fix it.
  I understand why you would want to add $2 billion to try to get at 
what is

[[Page 3388]]

estimated at around a $9 billion backlog. But what I don't understand 
is as you are trying to solve these kinds of problems and putting money 
in the stimulus bill, why do we then pass an omnibus land bill that 
adds another $10 billion worth of backlog on top of what we already 
have? Why are we trying to expand and divert the resources that we have 
instead of taking care of what we have first? That would simply make 
sense. It is, indeed, countereffective.
  Why in this land bill is there a place for a national park back east 
that will include, among the splendors of this park, a condo, a 
microbrewery and a butterfly garden which was not recommended or 
requested by the Park Service. Politically, we put this national park 
in there. When we have these kind of legitimate needs, why are we 
expanding it in this particular way?
  This bill includes another 10 heritage areas at the price tag of $110 
million. Heritage areas, when originally established, were supposed to 
be for areas that had cultural and historic significance, and they were 
supposed to be for a short time so there would be enough incentive of 
Federal money to allow locals to take over and run those areas 
effectively to promote tourism. However, what we have seen in the past 
in another omnibus bill passed last year, as well as in this bill 
again, is not only those heritage areas coming back, but instead of 
allowing them simply to lapse, having been given the boost, we are 
extending them and their time period. We are reauthorizing them. And 
what is so amazing is we reauthorize them with more money than they 
asked. If the ask was for $10 million, we gave them $15 million. And 
for what purpose?
  The founder decided it was supposed to be for a short period of time. 
We are now using these as economic development to attract tourism. That 
is nice, but the question is why should a taxpayer in South Carolina or 
Texas be required to put his tax money into economic tourism 
development in New York State? There is nothing wrong with competition 
and helping tourism, but why compel taxpayers to help the competition 
out? This is doing nothing more than diverting our resources.
  We had a nice lady come before our committee wanting a new heritage 
area in her home State, actually crossing into two States. And I asked 
her please tell me what it is about this Federal designation that would 
make it possible to make this heritage area more attractive that you 
can't do either by the State itself or by interlocal cooperation? Is 
your State not able to hire docents to lead people through? Are there 
not enough buses to bring kids there? What do you need?
  To be very honest, as well as the lady tried to answer, she never 
said there was anything except the added respect and impetus that 
having this as a Federal designation would give it. And as soon as she 
said nothing more than the fact that this would add extra prestige to 
this area, one of my staffers leaned over and said, ``Nope, the lady is 
wrong. There are 15 million reasons why this area needs Federal help. 
Each of those reasons is green, and it has a picture of George 
Washington on it.''
  I don't have a problem with heritage areas; I do have a problem with 
diverting our resources at a time when we need to focus them on what we 
already have at hand, and this bill before us will not do it.
  Why the rush? Why not put this through regular order? And more 
importantly, who loses? And I'm sorry, but I think the taxpayers of 
this Nation lose.
  There are recreation restrictions in this bill. The American 
Motorcycle Association and a broad coalition of recreation advocates 
have said the 80 new provisions in this bill that deal with their 
particular recreation opportunity will close more than 2 million acres 
of public land to ever allowing them to recreate on them again. These 
groups' members include millions of off-highway enthusiasts, 
vacationing families, and small businesses involved in the system. And 
what they have pleaded with us to do is, quoting from the letter that 
many groups signed, ``It is our sincere hope that this Congress will 
develop a thoughtful approach to managing our public lands more than 
simply eliminating public access and creating additional layers of 
bureaucracy. Continued reasonable access to public lands is vitally 
important for current and future generations.''
  There is nothing wrong with that, so why not do it? Why the rush for 
this particular bill? And who are the losers other than Americans who 
enjoy recreating on public land.
  There is another provision in this bill which deals with the State of 
Wyoming, where the delegation is not united, which will take 3 million 
acres of land that has energy potential and take them off from 
development forever. Within this, and there is some disagreement as to 
the total number, but there may be as much as 8 trillion cubic feet of 
natural gas, 300 million barrels of oil, in a tri-State area where 
there is about $800 billion worth of oil shale, whatever the numbers 
are with which you wish to agree, it is the equivalent of 15 years of 
American energy production that can be used in this particular area; 
and the question is, Why do we rush? Especially when the delegation is 
not united on this point, why do we rush this bill through and who 
becomes the loser?
  This is only one of 19 provisions in this particular bill where areas 
are removed from potential energy exploration. Who are the losers? 
Well, I hate to say this, but as we had the energy debate this past 
year, it is very clear that it is poor people who are the losers. If 
you are rich, and I am not saying that anyone in this room today is 
rich, but energy prices are merely an inconvenience. If you are a poor 
person, on the poverty level, 50 cents of every dollar has to go to 
energy. Those are the people who have to decide whether they get energy 
or a tuna casserole, and leave those luxuries of Hamburger Helper 
behind. Those are the people who are hurt when we rush to judgment and 
pull more acreage of energy production off the table. That is not the 
way that this is supposed to be done.
  If I can have you look at this chart for just a moment, it simply 
talks about the salaries of teachers in the State of Wyoming where we 
are now going to take 3 million acres of energy off the table, and the 
State of Montana. The higher one is what are paid teachers in Wyoming 
for every area. It shows bachelor's degree, bachelor's with experience, 
master's, and master's with experience.
  The red is what is paid in Montana. You can see there are 20 grand 
extra that you can get for teaching in Wyoming. And the question I hope 
everyone asks is, Why?
  It is very simple: because Wyoming develops their resources. If a 
State wants to be able to fund their education system to pay for their 
highways, to have a good college system, and they do not develop their 
resources, there is no hope.
  When Mr. Gohmert talked about what the secretary did by taking those 
leases off the table, the State of Utah, now trying to balance their 
budget with a negative tax flow, lost $3 million overnight. That is $3 
million which could have gone to their education system and was no 
longer available simply because the secretary decided to play games 
with special interest instead of going along with the process that took 
7 years to develop.
  This chart is also one of my favorites. It is the famous blue chart. 
The area that is shaded in blue in each State is the amount of that 
State that is owned and controlled by the Federal Government. And I 
think you can see some amazing similarities. Obviously, Nevada and 
Alaska have almost 90 percent of their State owned by the Federal 
Government. At the lower end, New York and Rhode Island have less than 
0.4 percent.
  That is amazing because those of us who live in the Rocky Mountain 
West know what it is like to have an absentee landlord, or slumlord, as 
we call it, the Federal Government in charge of our land.
  Compare this chart. The States in red are the States with the most 
difficult time paying for their education. I hate to say this, but you 
can see a one-to-one correlation between the amount of Federal land a 
State has and

[[Page 3389]]

the inability to fund education. One of the things that we are finding 
as a phenomenon in Utah is that almost every article that talks about 
the difficulty of funding education in Utah will always say, well, of 
course, we are a public land State and there is so much in Utah that is 
untaxable. Obviously, we will have a difficult time. And it is true.
  But that's not the way it has to be. If the Federal Government paid 
taxes on all that land at even the cheapest rate, Utah would get $116 
million every year at the lowest possible tax rate for education alone. 
About $800 million nationwide for education alone if the Federal 
Government simply allowed themselves to pay for the amount of land that 
we have taken off the table and controlled and then still treat those 
States almost in a position of slavery.
  Once again, why the rush? Why the rush to pass this bill? And who 
loses: kids, schools, and States.

                              {time}  1900

  More and more land is going to be eaten up in this bill. Already, the 
national government owns 650 million acres. I hate to say this, but 
already there are 708 wilderness areas in the United States. That is 
about 107 million acres, three more added in this bill, making it 110 
million acres. That is roughly, if you were trying to figure something 
out, if you take the States of Virginia, North Carolina and Georgia, 
that is how much wilderness we already have in this country. So the 
question ought to be how much do we really need? How much should we be 
adding? Especially when one considers, according to the Congressional 
Research Office, there are only 108 million acres developed in this 
country. Urban-suburban areas come up with 108 million acres. This bill 
will create 109-plus million acres of wilderness.
  The question is why the rush to judgment, the speed for passing this 
bill? And once again, who loses? Those wonderful heritage areas don't 
count, I might add. The National Park Service said to have a heritage 
area, it should be something historically significant. By definition in 
the Parks Service, that means a cohesive, naturally distinctive 
landscape. I hate to say this, Tennessee, the entire State, is a 
heritage area. I want you to tell me what is the cohesive, naturally 
distinctive element from the Mississippi River to the Appalachian 
Mountains that ties Tennessee together in one of these national 
heritage areas? What I think I'm saying is I know who the losers are. 
And those are the people who are funding this system.
  We have concerns of private property with this bill, simply because 
every element to try and protect private property was stripped in the 
Senate. There are very few people who know that the Secretary of the 
Interior, who is one of the few cabinet members, maybe the only cabinet 
member, that has the right to condemn property. Why? Why is that in 
there? Why is that provision given to him? Why is it that when we try 
to bring this up and everybody says, no, no, no, we will put 
protections in the law, this was one of the laws we passed already, but 
what we tried to say is when you talk about protections that we're 
putting in the law, nothing will supersede the underlying code we have 
which says that nothing contained in this section shall preclude the 
use of condemnation, which is the power the Secretary of the Interior 
has. We tried to limit and soften this. And fortunately, this House 
went along with many of those amendments. The Senate took them all out. 
Why the speed? Why the rush? And who becomes the losers?
  Oftentimes, we were told that if you create a heritage area, again, 
not a park but a heritage area, okay, there will be no kind of overt 
control on the people who have private property in those heritage 
areas. There was one that we passed last year that deals with property 
very close to the Capitol here. And the guarantee was that at no time 
would this interfere with local government or private property rights. 
And yet within 6 months of the passage of that bill, the leaders and 
organizers of that heritage area were already meeting in a letter that 
came out in the Gettysburg Times with three local communities to revise 
their outdoor signage codes. In essence, what they said is that the 
heritage area gave them extra teeth with outdoor sign regulations along 
the corridor. And they used them. One of the councilmen, actually a 
supervisor in one of the townships, quite simply said, this is an 
amazing process we are now stuck in. This township voiced apprehension 
about the agency's or this heritage area's agenda and whether the group 
plans to lobby for further land-use regulations along the corridor. My 
question is, he said, what is next? When we originally passed this, it 
was with the understanding there would be no usurping of local 
government control. This is trying to change our zoning. And the guy 
fears that new signage regulations would curb commercial development in 
his township.
  Now all these things need to be worked out. The House, to its credit, 
and Chairman Rahall, to his credit, tried to work through those issues. 
The Senate pulled them all back and sent us this omnibus bill with 
individuals without any sort of protection whatsoever. It's called 
``regulatory taking.'' What is worry to me is what we should be doing 
is making sure that every person who has private property in a 
potential heritage area is notified by the government that they will 
now be included in the heritage area and they should know what that 
entails. And yet when we tried to put that specific language in, it was 
rebuffed. But that should be the very minimum, because that is exactly 
what happened. And those people with private property, they are the 
losers. And why once again, why the speed and the rush to pass this 
particular bill?
  One of those elements in there is one we have talked about a long 
time before. The good old Taunton River. The Taunton River project in 
Massachusetts has 35 miles of the upper Taunton which clearly qualifies 
as wild and scenic rivers, and 7 miles in the lower Taunton, which 
doesn't. Now I spent a lot of time on this floor talking about that 
bill, so I don't need to rehash everything. But the issue at hand is 
simply this, 40 years ago, we wrote a wild and scenic river bill for 
the purpose of allowing protection for scenic, recreational, 
geological, fish and wildlife, historical and cultural endeavors and to 
protect them from development. That is the purpose of a wild and scenic 
river.
  Now when I came in here last year arguing about this particular bill, 
I showed you a lot of ugly pictures found in Taunton River. I was 
overly rambunctious in my rhetoric. Fall River is not an ugly city. It 
is a very attractive one. In any city you can find bad pictures. I 
found ugly ones. The sponsor of this bill found pretty ones. The issue, 
though, is not is it ugly or pretty. The issue is if there is any 
construction, it no longer qualifies as a wild and scenic river. By the 
definition of law, if it's a wild and scenic river, within one-half 
mile of the bank, there can be no construction, only needful building. 
Look at this. There are nice homes and docks. There is a maritime 
museum. There are condominiums. There is commercial development. There 
is industrial development. All of that precludes this from ever being 
considered. Once again, the parks department did not recommend this as 
a wild and scenic river. They said in the report it was controversial. 
It was problematic. It would solve some political problems. But it's 
not what was at hand.
  And why am I railing against this provision? Not because I don't like 
the people in this area, even though I have received a signature of 
petition from 1,000 people from Fall River and the community in 
Massachusetts who are objecting to this procedure, but because of what 
this does to the rule of law. Look, we have all these great lawgivers 
around us. Hammurabi was the first one. And the addition you have, the 
importance you have of law, is you have down in writing what is the 
standard of conduct. And when a standard of conduct can be changed by 
simply a majority vote, all of a sudden, the reason and purpose for 
having the law in the first place become moot. It becomes harmful. Who 
we are harming by

[[Page 3390]]

passing this is not just the people in this area, although they 
recognize that. It's harming all of us because what we are doing is 
saying, we will make a definition of what a wild and scenic river is, 
and whenever we can get enough votes on this floor, we will throw it 
out and do whatever we wish to do. And that is the exact opposite of 
the way a civilized society should run itself.
  Why the rush to judgment? And why, for heaven's sake, are we doing 
this? And who becomes the losers? Not just in the specific area of 
Massachusetts, but in this Nation, who becomes the losers? That is us. 
There is a National Landscape Conservation System already under 
internal investigation. I don't expect anything to come from that. But 
we should at least wait until the internal investigation is done before 
we move forward with anything.
  This bill codifies that. And it puts 28 million acres, most of it in 
the West, with another layer of bureaucracy to administer. That is not 
a new administration, it's an additional administration. And I'm sorry, 
as somebody who lives in the West, I can tell you that will make a 
difference to those of us who live in the West. This new document now 
allows the Federal Government to regulate such wonderful things as, get 
ready for this one, smellscapes. I don't know how you judge smells in a 
public park. I don't know why you would want to judge smells in a 
public park. But that is the power we are giving. Why the rush to 
judgment? And for heaven's sake, who loses in this particular process?
  We have one other element that is in there, too. We are now going to 
ban people from finding fossils on public ground. This is a bill that 
was heard in committee but was never heard on the floor of this House. 
This House did not pass that bill. It was not passed in the Senate, 
either, until it was added, once again, as another add-on to this 
particular omnibus lands bill. But before me, I have this statement of 
the Association of Applied Paleontological Sciences who are objecting 
to this bill, not that this bill can't be worked out in some way, but 
that this bill does not do it. They talk about section 5 paragraph 3 
that talks about locality and localities not being released, which is 
the exact opposite of what paleontological science should do, about 
section 8 where you are supposed to identify a fair market value for 
anything found, which you cannot do, about section 7, where people 
cannot support a false record or label or identification on something, 
and when you find it, you don't know what it is, it cannot be done, and 
section 9 where vehicles or equipment may be taken away for any kind of 
violation of 5, 8 and 7, which cannot be done.
  The problem the experts are pointing out is the bill is unworkable. 
Why is it added? Why is there a rush to pass this bill? And who 
obviously loses in this process? I could talk about things that make 
this bill as uncomfortable as the stimulus. I could ask why, in this 
omnibus land bill, will we spend $12 million to give the Smithsonian 
the chance to build a new greenhouse in Maryland to develop orchids? 
Why are we giving $5 million to a tropical botanical garden in Hawaii 
and Florida that already brings in $12 million a year at a $4 million 
profit with $59 million of assets? Why do they need another $5 million 
from taxpayers? Why are we spending $4 million, this is a wonderful 
one, to find nonlethal efforts to prevent predatory behavior by wolves, 
$4 million to create wimpy wolves, and $1 billion to save 500 salmon in 
California? There are only 500. We are spending $1 billion. I certainly 
hope these fish are never on the Oceanaire menu, because at this price, 
that is $2 million a fish to be developed.
  Why are we doing that? Is it because, as some of the myths say, if we 
don't pass this now we never will? No. Is it because this bill has been 
fully vetted? I have just gone over that. It hasn't been. It hasn't 
been in this body. Is this bill having solid bipartisan support? Then 
why are there over 100 organizations, from the chambers of commerce to 
recreation bodies to land-use bodies to public entity bodies, who are 
in opposition, not only to the content but especially to the process of 
this particular bill? And we should pass it because it is 
noncontroversial? Look, in the Congressional Research Service, the 
research arm, whatever that is, 37 times it uses the words 
``controversial'' to describe provisions in this bill. This is not a 
bill everyone has signed off on and everyone agrees to and it doesn't 
do any harm.
  We are breaking procedural processes. Bad procedure creates bad 
process and bad product. Why? Why is there a rush? Why not allow this 
to go through regular order? There is no emergency status on this bill. 
And once again, since we are rushing through the process, who wins? And 
more importantly, who loses? And there are a whole lot of people who 
lose. I would like this body, rather than passing this bill, to go 
through and cull out the provisions that truly are nonpartisan and 
noncontroversial. And there are a whole bunch of them, most of which 
have passed this body at one time or another. I would even be willing 
to go out and put in the bills that passed this body over my opposition 
because at least it was done fairly.
  But more importantly, I would like us to do something proactively, 
establish private property protections, so that anyone that may be 
included in the broad grasp of the Federal Government, whether it be in 
the area of a national park or one of the newly created heritage areas 
in which they don't know what is about to hit them, give them the right 
of protection, take away the power of the Secretary of the Interior to 
condemn property, allow individuals to be notified if they are going to 
be included in any kind of park service area, especially heritage 
areas, and make sure that people have options and true transparency. 
What we need to have is a comprehensive energy policy so we are not 
taking 19 little areas here and there, piece by piece, and taking them 
off the plate, but rather having it be a part of a logical program of 
how we are going to become energy self-sufficient in this country first 
and then deal with these land issues.
  Why do we not establish a heritage criteria so that before any other 
group decides to create this area of getting more Federal money so they 
can promote their own tourism at the cost of other taxpayers elsewhere, 
there is a criteria of what is and what is not a true heritage area?
  And why don't we help kids with the program that we once introduced 
called ``Apple'' which simply said in all those Western States whose 
land is now controlled by the Federal Government and was never intended 
to be, if you read the enabling acts of every Western State except 
Hawaii and California, and California's was done by a law 2 years 
later, that land was supposed to be given to the Federal Government 
until such time as the Federal Government shall dispose of it, and five 
percent of the proceeds of those disposals was supposed to go to the 
State for a permanent education trust fund.

                              {time}  1915

  And I have a bill called the Apple Bill, which simply says, look, if 
the Federal Government isn't going to live up to what they said in law, 
let the States pick 5 percent of their public lands to be used for the 
sole purpose of funding education in the States. And then the disparity 
between public land States and nonpublic land States will not be so 
glowing, and that my kids will have a chance at a decent education, and 
my colleges in my State will be funded. And since I'm an old public 
school teacher, so that my retirement will actually be there when I 
need it. I have some selfish motivations as well because, you see, in 
all these bills going through here, if you ask who are the losers, I 
am. My State is harmed. My kids are harmed. My education system is 
harmed. And why, for heavens sake, the rush to judgment?
  Now, Mr. Speaker, unless the gentleman from Texas (Mr. Gohmert) would 
desire a postscript--can I ask, can I inquire just how much time is 
left?
  The SPEAKER pro tempore (Mr. Perriello). The gentleman has 27 minutes 
remaining.

[[Page 3391]]


  Mr. BISHOP of Utah. I have talked longer than I have ever done in my 
life, and hope never to top that record again. But I do have a moment 
if the gentleman from Texas would like to add a postscript.
  Mr. GOHMERT. I appreciate the gentleman yielding. One of the things 
that's been so troubling with all the promises in 2006 that, if the 
Democrats were put back in the majority, then they would be the most 
open House, this would be the most open House, everything would go 
through committee, everything would go through regular order. It has 
turned out that those have been completely hollow promises. This has 
been, from the best I can determine from the history of this place, 
perhaps the most totalitarian in the last 2 years, and it's certainly 
shaping up that way now. There's no chance for input.
  We saw in the last Congress, they even found a way around conference 
committees by just cutting House Republicans out completely, finding 
some Republicans in the Senate willing to go along, agreeing to a bill 
without the conference rule being followed, and then being sent back 
over and over and over.
  There's amendments not being allowed. The rules are being changed 
this time, stripping out so much that is proper process. All of those 
people represented by people in the minority should a chance to have 
their vote in this House, but we're rapidly building into a situation 
of taxation without representation because we're not being allowed--we 
can come to the floor and talk like this, but we're not being allowed 
to have input in these bills, and they're being rammed down the throats 
of Americans who deserve better. They deserve the transparency that has 
not happened.
  And I just appreciate so much my friend from Utah (Mr. Bishop) 
pointing out the problems with the process that has created such a 
terrible monstrosity as this bill ultimately, with some good 
ingredients in there, but ultimately a terrible monstrosity. And I 
appreciate my friend for yielding.
  Mr. BISHOP of Utah. Reclaiming my time, I appreciate the gentleman 
from Texas (Mr. Gohmert). Once again, I think we need to--in fact, the 
gentleman from Texas probably knows there is a new word in our 
vocabulary now called ``ping-ponging'' which is the process of 
eliminating conference committee and just pinging the bill back and 
forth between Houses, without ever having to involve the minority in 
any of those messy discussions. That's a new term.
  But, once again, I would just like to conclude by asking the Speaker 
to do what her spokesman said when she said both the Speaker and 
leadership agree, it is preferable to use regular order, especially in 
non-emergency cases, and that has always been the intent.
  Putting this bill on the floor without going through regular order, 
without allowing a committee to look at it, without allowing, if it 
comes on a closed rule, comes under suspension, that's a violation of 
the process.
  And once again, I don't mind losing quite as much if the process is 
open and fair. And that's what we're asking for.
  This is not an emergency bill. We're asking for an open, fair 
process.
  With that, Mr. Speaker, I know the staff will be very happy since I 
appear to be the last speaker of the day, and a chance for you to 
actually get home at a reasonable hour.
  I yield back the balance of my time.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Bishop of New York) to 
revise and extend their remarks and include extraneous material:)
  Ms. Woolsey, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  (The following Members (at the request of Mr. Guthrie) to revise and 
extend their remarks and include extraneous material:)
  Mr. Burton of Indiana, for 5 minutes, today, February 10, 11, 12 and 
13.
  Ms. Ros-Lehtinen, for 5 minutes, today.
  Mr. Poe of Texas, for 5 minutes, today, February 12 and 13.
  Mr. Gohmert, for 5 minutes, February 10 and 11.
  Mr. Paul, for 5 minutes, February 10 and 11.
  Mr. Jones, for 5 minutes, today, February 12 and 13.
  Mr. Daniel E. Lungren of California for 5 minutes, February 10.
  (The following Members (at their own request) to revise and extend 
their remarks and include extraneous material:)
  Mr. Guthrie, for 5 minutes, today.
  Mr. Thompson of Mississippi, for 5 minutes, today.
  Mr. Brady of Pennsylvania, for 5 minutes, today.

                          ____________________




                          SENATE BILL REFERRED

  A bill of the Senate of the following title was taken from the 
Speaker's table and, under the rule, referred as follows:

       S. 383. An act to amend the Emergency Economic 
     Stabilization Act of 2008 (division A of Public Law 110-343) 
     to provide the Special Inspector General with additional 
     authorities and responsibilities, and for other purposes; to 
     the Committee on Financial Services; in addition, to the 
     Committee on Oversight and Government Reform for a period to 
     be subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.

                          ____________________




                      SENATE ENROLLED BILL SIGNED

  The Speaker announced her signature to an enrolled bill of the Senate 
of the following title:

       S. 352. An act to postpone the DTV transition date.

                          ____________________




                              ADJOURNMENT

  Mr. GOHMERT. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 7 o'clock and 20 minutes 
p.m.), under its previous order, the House adjourned until tomorrow, 
Tuesday, February 10, 2009, at 12:30 p.m., for morning-hour debate.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       464. A letter from the Assistant to the Board, Federal 
     Reserve System, transmitting the System's ``Major'' final 
     rule -- Truth in Lending [Regulation Z; Docket No. R-1286] 
     received February 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Financial Services.
       465. A letter from the Assistant to the Board, Federal 
     Reserve System, transmitting the System's ``Major'' final 
     rule -- Unfair or Deceptive Acts or Practices [Regulation AA; 
     Docket No. R-1314] received February 2, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Financial Services.
       466. A letter from the Acting Assistant Secretary Energy 
     Efficiency and Renewable Energy, Department of Energy, 
     transmitting the Department's report entitled, ``Report to 
     Congress on the Review of the Energy Policy Act of 1992 
     Programs and the Alternative Fuel Provider Fleet Mandate,'' 
     pursuant to Public Law 109-58, section 704 and 1831; to the 
     Committee on Energy and Commerce.
       467. A letter from the Commissioner of Food and Drugs, 
     Department of Health and Human Services, transmitting Remarks 
     by Andrew C. von Eschenbach, M.D., Commissioner of Food and 
     Drugs on the Occasion of the Dedication of White Oak Building 
     One; to the Committee on Energy and Commerce.
       468. A letter from the Program Manager, Department of 
     Health and Human Services, transmitting the Department's 
     final rule -- Medicaid Program; State Flexibility for 
     Medicaid Benefit Packages: Delay of Effective Date [CMS-2232-
     IFC] (RIN: 0938-A048) received January 30, 2009, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 
     Commerce.
       469. A letter from the Program Manager, Department of 
     Health and Human Services, transmitting the Department's 
     final rule -- Medicaid Program; Premiums and Cost Sharing 
     [CMS-2244-F2] (RIN: 0938-A047) received January 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       470. A letter from the Chief of Staff, Media Bureau, 
     Federal Communications Commission, transmitting the 
     Commission's final

[[Page 3392]]

     rule -- In the Matter of Amendment of Section 73.622(i), 
     Final DTV Table of Allotments, Television Broadcast Stations. 
     (Rio Grande City, Texas) [MB Docket No.: 08-141 RM-11471] 
     received January 28, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       471. A letter from the Chief of Staff, Media Bureau, 
     Federal Communications Commission, transmitting the 
     Commission's final rule -- In the Matter of Implementation of 
     Short-term Analog Flash and Emergency Readiness Act; 
     Establishment of DTV Transition ``Analog Nightlight'' Program 
     [MB Docket No.: 08-255] received January 28, 2009, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 
     Commerce.
       472. A letter from the Deputy Bureau Chief, Wireline Comp. 
     Bureau, Federal Communications Commission, transmitting the 
     Commission's final rule -- In the Matter of Implementation of 
     the NET 911 Improvement Act of 2008 [WC Docket No.: 08-171] 
     received January 26, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       473. A letter from the Director, International Cooperation, 
     Department of Defense, transmitting Pursuant to Section 27(f) 
     of the Arms Export Control Act and Section 1(f) of Executive 
     Order 11958, Transmittal No. 18-08 informing of an intent to 
     sign a Memorandum of Understanding among Australia, Finland, 
     the French Republic, the Federal Republic of Germany, the 
     Italian Republic, the Kingdom of Spain, the Swedish Armed 
     Forces, the United Kingdom of Great Britain and Northern 
     Ireland, and the United States of America concerning the 
     Coalition Wideband Networking Waveform and the Phase One 
     Project Arrangement, pursuant to 22 U.S.C. 2767(f); to the 
     Committee on Foreign Affairs.
       474. A letter from the Vice Admiral, USN Director, Defense 
     Security Cooperation Agency, transmitting information 
     pursuant to Section 655 of the Foreign Assistance Act of 
     1961; to the Committee on Foreign Affairs.
       475. A letter from the Vice Admiral, USN Director, Defense 
     Security Cooperation Agency, transmitting a report for fiscal 
     year 2008 in accordance with the Foreign Assistance Act of 
     1961; to the Committee on Foreign Affairs.
       476. A letter from the Acting Assistant Secretary 
     Legislative Affairs, Department of State, transmitting an 
     extension for the waiver of the restrictions contained in 
     Section 907 of the FREEDOM Support Act of 1992, pursuant to 
     Public Law 107-115; to the Committee on Foreign Affairs.
       477. A letter from the Acting Assistant Secretary 
     Legislative Affairs, Department of State, transmitting 
     correspondence from Speaker Mohammad Yonus Qanoni; to the 
     Committee on Foreign Affairs.
       478. A letter from the Assistant Secretary Legislative 
     Affairs, Department of State, transmitting an extension of 
     the waiver of the restrictions contained in Section 907 of 
     the FREEDOM Support Act of 1992, pursuant to Public Law 107-
     115; to the Committee on Foreign Affairs.
       479. A letter from the Acting Assistant Secretary 
     Legislative Affairs, Department of State, transmitting 
     information pursuant to Section 3 of the Arms Export Control 
     Act, as amended; to the Committee on Foreign Affairs.
       480. A letter from the Assistant Administrator Bureau for 
     Legislative and Public Affairs, Agency for International 
     Development, transmitting the Agency's report on its fiscal 
     year 2008 Competitive Sourcing efforts, as required by 
     Section 647(b) of the Consolidated Appropriations Act, FY 
     2004; to the Committee on Oversight and Government Reform.
       481. A letter from the Acting Director, Office of Personnel 
     Management, transmitting the Office's final plan for a 
     Personnel Management demonstration project at the U.S. 
     Department of Agriculture's (USDA) Food Safety and Inspection 
     Service (FSIS), pursuant to 47 U.S.C. 5; to the Committee on 
     Oversight and Government Reform.
       482. A letter from the Commissioner, Social Security 
     Administration, transmitting the Administration's Inspector 
     General's Semiannual Report to Congress, as required by the 
     Inspector General Act of 1978 for the period from April 1, 
     2008, through September 30, 2008; to the Committee on 
     Oversight and Government Reform.
       483. A letter from the Acting Assistant Administrator for 
     Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries in the Western Pacific; Bottomfish and Seamount 
     Groundfish Fisheries; Management Measures for the Northern 
     Mariana Islands [Docket No.: 070720390-81459-03] (RIN: 0648-
     AV28) received January 26, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Natural Resources.
       484. A letter from the Federal Liaison Officer, Department 
     of Commerce, transmitting the Department's final rule -- 
     Changes in Requirements for Signature of Documents, 
     Recognition of Representatives, and Establishing and Changing 
     the Correspondence Address in Trademark Cases [Docket No.: 
     PTO-T-2008-0021] (RIN: 0651-AC26) received January 28, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the 
     Judiciary.
       485. A letter from the Federal Liaison Officer, Department 
     of Commerce, transmitting the Department's final rule -- 
     Changes to Representation of Others Before The United States 
     Patent and Trademark Office [Docket No. PTO-C-2005-0013] 
     (RIN: 0651-AB55) received January 28, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.
       486. A letter from the Secretary, Department of Health and 
     Human Services, transmitting a petition filed on behalf of 
     workers from Metallurigcal Laboratory, to be added to the 
     Special Exposure Cohort (SEC), pursuant to 42 C.F.R. pt. 83; 
     to the Committee on the Judiciary.
       487. A letter from the Deputy Assistant Administrator, 
     Office of Diversion Control, Department of Justice, 
     transmitting the Department's final rule -- Combat 
     Methamphetamine Epidemic Act of 2005: Fee for Self-
     Certification for Regulated Sellers of Scheduled Listed 
     Chemical Products [Docket No.: DEA-298F] (RIN: 1117-AB13) 
     received January 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on the Judiciary.
       488. A letter from the Senior Staff Attorney, United States 
     Court of Appeals for the First Circuit, transmitting the 
     Court's opinion in U.S. v. Godin, 534 F.3d 51 (1st Cir. 
     2008); to the Committee on the Judiciary.
       489. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Security Zone; Escorted Vessels in Captain of the Port 
     Zone Jacksonville, Flordia [Docket No. USCG-2008-0203] (RIN: 
     1625-AA87) received February 2, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       490. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Security Zone; Potomac and Anacostia Rivers, Washington, 
     DC, Arlington and Fairfax Counties, VA, and Prince Georges 
     County, MD [Docket No.: USCG-2008-1001] (RIN: 1625-AA87) 
     received February 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.
       491. A letter from the Secretary, Department of 
     Transportation, transmitting the Department's report 
     entitled, ``Five Year ITS Program Plan: 2008 Update,'' 
     pursuant to Public Law 109-59, section 5301; to the Committee 
     on Transportation and Infrastructure.
       492. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Standard Instrument Approach Procedures, and Takeoff Minimums 
     and Obstacle Departure Procedures; Miscellaneous Amendments 
     [Docket No.: 30645; Amdt. No 3302] received January 30, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       493. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Standard Instrument Approach Procedures, and Takeoff Minimums 
     and Obstacle Departure Procedures; Miscellaneous Amendments 
     [Docket No.: 30646; Amdt. No. 3303] received January 30, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       494. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Use of Additional Portable Oxygen Concentrator Devices On 
     Board Aircraft [Docket No.: FAA- 2008-1227; SFAR 106] (RIN: 
     2120-AJ40) received January 30, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       495. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Modification of Class E Airspace; Alamosa, CO [Docket No.: 
     FAA-2008-0982; Airspace Docket No. 08-ANM-6] received January 
     30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       496. A letter from the Chair, Barry M. Goldwater 
     Scholarship and Excellence in Education Foundation, 
     transmitting the Foundation's Annual Report, pursuant to 
     Public Law 99-661; to the Committee on Science and 
     Technology.
       497. A letter from the Chief, Trade and Commercial 
     Regulations Branch, Department of Homeland Security, 
     transmitting the Department's final rule -- Prohibitions and 
     Conditions for Importation of Burmese and Non-Burmese Covered 
     Articles of Jadeite, Rubies, and Articles of Jewelry 
     Containing Jadeite of Rubies [CBP Dec. 09-01 USCBP-2008-0111] 
     (RIN: 1505-AC06) received January 26, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
       498. A letter from the Chief, Publications and Regulations 
     Branch, Internal Revenue Service, transmitting the Service's 
     final rule -- Update for Weighted Average Interest Rates, 
     Yield Curves, and Segment Rates [Notice 2009-2] received 
     January 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Ways and Means.
       499. A letter from the Chief, Publications and Regulations 
     Branch, Internal Revenue Service, transmitting the Service's 
     final rule -- Required Minimum Distributions for 2009 [Notice 
     2009-9] received January 26, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Ways and Means.

[[Page 3393]]


       500. A letter from the Chief, Publications and Regulations 
     Branch, Internal Revenue Service, transmitting the Service's 
     final rule--Credit Rates on Tax Credit Bonds [Notice 2009-15] 
     received January 28, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Ways and Means.
       501. A letter from the Inspector General, Special Inspector 
     General for Iraq Reconstruction, transmitting the Special 
     Inspector General for Iraq Reconstruction (SIGIR) January 
     2009 Quarterly Report, pursuant to Public Law 108-106, 
     section 3001; jointly to the Committees on Foreign Affairs 
     and Appropriations.
       502. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the Department's report 
     entitled, ``Evaluation of the Competitive Acquisition Program 
     for Part B Drugs and Biologicals,'' pursuant to Public Law 
     108-173, section 303(d); jointly to the Committees on Ways 
     and Means and Energy and Commerce.
       503. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the Department's report 
     entitled, ``Best Practices for Enrolling Low-Income 
     Beneficiaries into the Medicare Prescription Drug Benefit 
     Program,'' pursuant to the Conference Report accompanying the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003; jointly to the Committees on Ways and Means and 
     Energy and Commerce.
       504. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the Department's interim report 
     entitled, ``The Quality and Cost of the Program of All-
     inclusive Care for the Elderly (PACE),'' pursuant to Section 
     4804 of the Balanced Budget Act of 1997; jointly to the 
     Committees on Ways and Means and Energy and Commerce.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions of the 
following titles were introduced and severally referred, as follows:

           By Mr. GEORGE MILLER of California (for himself, Mrs. 
             McCarthy of New York, Mr. Hinojosa, Mr. Holt, Ms. 
             Fudge, Mr. McGovern, Mr. Grijalva, Mr. Sestak, Mr. 
             Tonko, Mr. Kucinich, Ms. Woolsey, Mr. Hare, Mr. Polis 
             of Colorado, Mr. Davis of Illinois, Mr. Lewis of 
             Georgia, Mr. Honda, Mr. Kildee, and Ms. Hirono):
       H.R. 911. A bill to require certain standards and 
     enforcement provisions to prevent child abuse and neglect in 
     residential programs, and for other purposes; to the 
     Committee on Education and Labor.
           By Mr. BISHOP of New York (for himself, Mr. McCotter, 
             Mr. George Miller of California, Mr. Doyle, Mr. 
             Connolly of Virginia, Ms. Schwartz, Mr. Sarbanes, Mr. 
             Kagen, Mr. Lewis of Georgia, Ms. Hirono, Mr. 
             Grijalva, Mr. Wu, Ms. Sutton, Ms. Shea-Porter, Mr. 
             King of New York, Mr. Loebsack, Mr. Holt, Ms. 
             Woolsey, Mr. Roskam, Mr. Grayson, Mr. Gonzalez, Mr. 
             Tim Murphy of Pennsylvania, Mr. Hare, Mrs. Miller of 
             Michigan, Mr. LoBiondo, Mr. Wexler, Mr. McGovern, Mr. 
             Thompson of California, Mr. Ellison, Mr. Ackerman, 
             Mr. Tierney, Mr. Yarmuth, Mr. Rahall, Mr. Rothman of 
             New Jersey, Ms. DeLauro, Mrs. McCarthy of New York, 
             Mr. Lipinski, Ms. Wasserman Schultz, Mr. Olver, Mr. 
             Sestak, Mrs. Maloney, Mr. Sires, Ms. Ginny Brown-
             Waite of Florida, Mr. Tonko, Ms. Schakowsky, Mr. 
             Costa, Mr. Van Hollen, Mr. Carnahan, Mr. Moore of 
             Kansas, Mr. Abercrombie, Mr. Payne, Mr. LaTourette, 
             Mr. Cummings, and Mrs. Halvorson):
       H.R. 912. A bill to amend the Family and Medical Leave Act 
     of 1993 to clarify the eligibility requirements with respect 
     to airline flight crews; to the Committee on Education and 
     Labor; considered and passed.
           By Mrs. DAVIS of California (for herself, Mr. Rogers of 
             Michigan, Ms. McCollum, Mr. Kennedy, Mr. Costello, 
             Mr. Honda, and Ms. Corrine Brown of Florida):
       H.R. 913. A bill to amend the Elementary and Secondary 
     Education Act of 1965 to strengthen mentoring programs, and 
     for other purposes; to the Committee on Education and Labor.
           By Mr. BURGESS (for himself and Mr. Gene Green of 
             Texas):
       H.R. 914. A bill to amend title VII of the Public Health 
     Service Act to establish a loan program for eligible 
     hospitals to establish residency training programs; to the 
     Committee on Energy and Commerce.
           By Mr. OBERSTAR (for himself and Mr. Costello):
       H.R. 915. A bill to amend title 49, United States Code, to 
     authorize appropriations for the Federal Aviation 
     Administration for fiscal years 2009 through 2012, to improve 
     aviation safety and capacity, to provide stable funding for 
     the national aviation system, and for other purposes; to the 
     Committee on Transportation and Infrastructure, and in 
     addition to the Committee on Science and Technology, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. GENE GREEN of Texas (for himself, Mr. Burgess, 
             Ms. DeLauro, and Mr. Towns):
       H.R. 916. A bill to amend the Public Health Service Act to 
     provide grants for the training of graduate medical residents 
     in preventive medicine and public health; to the Committee on 
     Energy and Commerce.
           By Mr. GUTHRIE:
       H.R. 917. A bill to increase the health benefits of 
     dependents of members of the Armed Forces who die because of 
     a combat-related injury; to the Committee on Armed Services.
           By Mr. HIGGINS (for himself, Mr. Ackerman, Mr. Arcuri, 
             Mr. Bishop of New York, Ms. Clarke, Mr. Crowley, Mr. 
             Engel, Mr. Hall of New York, Mr. Hinchey, Mr. Israel, 
             Mr. King of New York, Mr. Lee of New York, Mrs. 
             Lowey, Mr. Maffei, Mrs. Maloney, Mr. Massa, Mrs. 
             McCarthy of New York, Mr. McHugh, Mr. McMahon, Mr. 
             Meeks of New York, Mr. Nadler of New York, Mr. 
             Rangel, Mr. Serrano, Ms. Slaughter, Mr. Tonko, Ms. 
             Velazquez, and Mr. Weiner):
       H.R. 918. A bill to designate the facility of the United 
     States Postal Service located at 300 East 3rd Street in 
     Jamestown, New York, as the ``Stan Lundine Post Office 
     Building''; to the Committee on Oversight and Government 
     Reform.
           By Ms. EDDIE BERNICE JOHNSON of Texas:
       H.R. 919. A bill to amend title 38, United States Code, to 
     enhance the capacity of the Department of Veterans Affairs to 
     recruit and retain nurses and other critical health-care 
     professionals, and for other purposes; to the Committee on 
     Veterans' Affairs.
           By Mr. KANJORSKI (for himself, Mr. Dent, and Mr. 
             Patrick J. Murphy of Pennsylvania):
       H.R. 920. A bill to amend the Delaware and Lehigh National 
     Heritage Corridor Act of 1988 regarding the local 
     coordinating entity of the Delaware and Lehigh National 
     Heritage Corridor, and for other purposes; to the Committee 
     on Natural Resources.
           By Mr. LUJAN:
       H.R. 921. A bill to establish the Sabinoso Wilderness Area 
     in San Miguel County, New Mexico, and for other purposes; to 
     the Committee on Natural Resources.
           By Mr. LUJAN:
       H.R. 922. A bill to authorize the Secretary of the Interior 
     to provide financial assistance to the Eastern New Mexico 
     Rural Water Authority for the planning, design, and 
     construction of the Eastern New Mexico Rural Water System, 
     and for other purposes; to the Committee on Natural 
     Resources.
           By Mr. LUJAN:
       H.R. 923. A bill to direct the Secretary of the Interior to 
     conduct a study of water resources in the State of New 
     Mexico; to the Committee on Natural Resources.
           By Mr. LUJAN:
       H.R. 924. A bill to direct the Secretary of the Interior, 
     acting through the Commissioner of Reclamation, to assess the 
     irrigation infrastructure of the Rio Grande Pueblos in the 
     State of New Mexico and provide grants to, and enter into 
     cooperative agreements with, the Rio Grande Pueblos to 
     repair, rehabilitate, or reconstruct existing infrastructure, 
     and for other purposes; to the Committee on Natural 
     Resources.
           By Mr. LUJAN:
       H.R. 925. A bill to amend the Colorado River Storage 
     Project Act and Public Law 87-483 to authorize the 
     construction and rehabilitation of water infrastructure in 
     Northwestern New Mexico, to authorize the use of the 
     reclamation fund to fund the Reclamation Water Settlements 
     Fund, to authorize the conveyance of certain Reclamation land 
     and infrastructure, to authorize the Commissioner of 
     Reclamation to provide for the delivery of water, and for 
     other purposes; to the Committee on Natural Resources.
           By Ms. MARKEY of Colorado:
       H.R. 926. A bill to establish the Cache La Poudre River 
     National Heritage Area, and for other purposes; to the 
     Committee on Natural Resources.
           By Mr. STUPAK (for himself and Mr. Berry):
       H.R. 927. A bill to amend the Communications Act of 1934 to 
     expand satellite carriage of local television signals, and 
     for other purposes; to the Committee on Energy and Commerce.
           By Mr. THOMPSON of Mississippi (for himself, Mr. 
             Childers, and Mr. Harper):
       H.R. 928. A bill to establish the Mississippi Delta 
     National Heritage Area and the Mississippi Hills National 
     Heritage Area, and for other purposes; to the Committee on 
     Natural Resources.
           By Mr. WELCH (for himself and Mr. Boozman):
       H.R. 929. A bill to amend title 38, United States Code, to 
     require the Secretary of Veterans Affairs to carry out a 
     program of training to provide eligible veterans with skills 
     relevant to the job market, and for other purposes; to the 
     Committee on Veterans' Affairs.

[[Page 3394]]


           By Mr. PETERSON:
       H. Res. 136. A resolution providing amounts for the 
     expenses of the Committee on Agriculture in the One Hundred 
     Eleventh Congress; to the Committee on House Administration.
           By Mr. LARSON of Connecticut:
       H. Res. 137. A resolution making technical corrections to 
     House Resolution 24; considered and agreed to.
           By Ms. VELAZQUEZ:
       H. Res. 138. A resolution providing amounts for the 
     expenses of the Committee on Small Business in the One 
     Hundred Eleventh Congress; to the Committee on House 
     Administration.
           By Mr. HARE (for himself, Mr. Schock, Mr. Shimkus, Ms. 
             Bean, Mrs. Biggert, Mr. Costello, Mr. Davis of 
             Illinois, Mr. Gutierrez, Mr. Foster, Mr. Jackson of 
             Illinois, Mr. Johnson of Illinois, Mr. Kirk, Mr. 
             Lipinski, Mr. Manzullo, Mr. Roskam, Mr. Rush, Ms. 
             Schakowsky, Mr. Chandler, Mr. Davis of Kentucky, Mr. 
             Guthrie, Mr. Rogers of Kentucky, Mr. Whitfield, Mr. 
             Yarmuth, Mr. Burton of Indiana, Mr. Hill, Mr. 
             Altmire, Ms. Bordallo, Mr. Boswell, Mr. Braley of 
             Iowa, Ms. Corrine Brown of Florida, Ms. Clarke, Mrs. 
             Davis of California, Mr. Grijalva, Mr. Higgins, Mr. 
             Kildee, Mr. Loebsack, Mr. Massa, Mr. Michaud, Mr. 
             Moran of Virginia, Mr. Ortiz, Mr. Peters, Mr. Rothman 
             of New Jersey, Ms. Shea-Porter, Mr. Sires, and Ms. 
             Woolsey):
       H. Res. 139. A resolution commemorating the life and legacy 
     of President Abraham Lincoln on the bicentennial of his 
     birth; to the Committee on Oversight and Government Reform.
           By Mr. KILDEE (for himself, Mr. Upton, Mr. Conyers, Mr. 
             Camp, Mr. Levin, Mr. Ehlers, Mr. Stupak, Mr. 
             Hoekstra, Ms. Kilpatrick of Michigan, Mr. Rogers of 
             Michigan, Mr. Peters, Mrs. Miller of Michigan, Mr. 
             Schauer, and Mr. McCotter):
       H. Res. 140. A resolution honoring John D. Dingell for 
     holding the record as the longest serving member of the House 
     of Representatives; to the Committee on House Administration.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 14: Mr. Frank of Massachusetts.
       H.R. 16: Mr. Hinojosa and Mr. Posey.
       H.R. 21: Mr. Holt.
       H.R. 22: Mr. Ellison.
       H.R. 81: Mrs. Tauscher.
       H.R. 98: Mr. Gary G. Miller of California and Mr. Gallegly.
       H.R. 100: Mrs. Miller of Michigan.
       H.R. 104: Mr. Jones, Mr. Cummings, Ms. Lee of California, 
     and Mrs. Maloney.
       H.R. 147: Mr. Weiner, Mr. Meek of Florida, Mr. Bishop of 
     New York, Mr. Hall of New York, Mr. Rothman of New Jersey, 
     Ms. Edwards of Maryland, Mr. Space, and Ms. Schakowsky.
       H.R. 155: Mr. Rooney.
       H.R. 156: Mr. Maffei, Mr. Boccieri, and Mr. Upton.
       H.R. 158: Mr. Filner.
       H.R. 159: Mr. Rogers of Alabama.
       H.R. 265: Ms. Watson.
       H.R. 305: Ms. Schakowsky, Ms. Kaptur, and Ms. Lee of 
     California.
       H.R. 328: Mr. Sestak and Mr. Wittman.
       H.R. 336: Ms. Edwards of Maryland, Mr. Blumenauer, Mr. Ryan 
     of Ohio, and Mr. Smith of Washington.
       H.R. 345: Ms. Matsui, Mr. Price of North Carolina, and Mr. 
     Smith of New Jersey.
       H.R. 398: Mr. Welch, Ms. Zoe Lofgren of California, Mr. 
     Courtney, Ms. Pingree of Maine, Mr. Abercrombie, Ms. Hirono, 
     Mr. Serrano, and Mrs. Tauscher.
       H.R. 426: Mr. Dent.
       H.R. 433: Mr. Wilson of South Carolina and Mr. Nye.
       H.R. 442: Mr. McCotter, Mr. Bartlett, Mr. Alexander, Mr. 
     Brady of Pennsylvania, Mr. Souder, Mr. Franks of Arizona, and 
     Mr. Rogers of Alabama.
       H.R. 448: Mr. Cummings.
       H.R. 470: Mr. Shimkus, Mr. Lucas, Mr. Carter, Mr. Issa, Mr. 
     Gary G. Miller of California, and Mrs. Schmidt.
       H.R. 476: Ms. Sutton, Ms. Kilpatrick of Michigan, Mr. 
     Capuano, Ms. Lee of California, and Mr. Grijalva.
       H.R. 482: Mr. Shuler.
       H.R. 548: Mr. Bachus and Mr. Ortiz.
       H.R. 577: Mr. Tiberi and Mr. Gordon of Tennessee.
       H.R. 599: Mr. Calvert.
       H.R. 600: Ms. Wasserman Schultz, Mr. Johnson of Georgia, 
     Mr. Wexler, Mr. Sires, Mr. Bishop of Georgia, Ms. Eddie 
     Bernice Johnson of Texas, Mr. Gordon of Tennessee, Mr. Wilson 
     of Ohio, and Mr. Costa.
       H.R. 622: Mr. Boozman, Mr. Boyd, Mr. Harper, Mr. Crenshaw, 
     Mr. Brown of South Carolina, and Mr. Kissell.
       H.R. 633: Mr. Calvert.
       H.R. 636: Mr. Harper.
       H.R. 666: Mr. Marshall, Mr. Wittman, Ms. DeGette, Mr. Young 
     of Florida, Mr. Grijalva, and Mr. Wu.
       H.R. 667: Mr. Grijalva, Mr. McGovern, Mr. Boucher, and Mr. 
     Cummings.
       H.R. 669: Mr. Frank of Massachusetts.
       H.R. 690: Mr. Bilbray and Mr. Ellsworth.
       H.R. 716: Mrs. Maloney, Mr. Gene Green of Texas, Mrs. 
     Schmidt, Mr. Weiner, Mr. Bishop of New York, Ms. Ginny Brown-
     Waite of Florida, Mr. Sires, Mr. Boucher, Mr. Massa, Ms. 
     Schakowsky, and Mr. Carson of Indiana.
       H.R. 731: Mr. Burton of Indiana.
       H.R. 735: Mr. Westmoreland and Mr. King of Iowa.
       H.R. 745: Mr. McHugh, Mr. Sires, Mr. Michaud, and Mr. 
     Gordon of Tennessee.
       H.R. 752: Mr. Brady of Pennsylvania.
       H.R. 759: Mr. Sarbanes and Ms. Sutton.
       H.R. 767: Mrs. Lowey.
       H.R. 768: Mr. Gutierrez and Mr. Himes.
       H.R. 788: Mr. Capuano.
       H.R. 792: Mrs. Myrick.
       H.R. 856: Mr. Dreier.
       H.R. 860: Ms. Castor of Florida and Mr. Pierluisi.
       H.R. 891: Mr. Holt, Mr. Massa, Ms. Sutton, Ms. McCollum, 
     and Mr. McDermott.
       H.R. 899: Mr. Wolf.
       H.R. 900: Mr. Nunes.
       H.R. 906: Mr. Filner.
       H.R. 908: Mr. Doggett, Mr. Boozman, Ms. Lee of California, 
     Mrs. Christensen, Mr. Lewis of Georgia, Mr. Grijalva, Mr. 
     Payne, Ms. Corrine Brown of Florida, Ms. Norton, Mr. Meeks of 
     New York, Mr. Cleaver, Mrs. Napolitano, Ms. Berkley, Mr. 
     Carson of Indiana, and Mr. Wolf.
       H. Con. Res. 14: Mr. Blunt, Mr. McCarthy of California, Mr. 
     Honda, and Mrs. Tauscher.
       H. Con. Res. 20: Mr. Farr.
       H. Con. Res. 32: Mr. George Miller of California and Ms. 
     Eshoo.
       H. Con. Res. 34: Mr. Lamborn.
       H. Con. Res. 35: Mr. Schiff, Ms. Linda T. Sanchez of 
     California, Mr. Smith of Texas, Ms. Castor of Florida, Mr. 
     Moore of Kansas, Mr. Israel, Mr. Berman, Mr. Ryan of Ohio, 
     Ms. Matsui, Mr. Markey of Massachusetts, Mr. Kennedy, Mr. 
     Hinchey, Mr. Van Hollen, Mrs. Lowey, Mr. Sestak, Ms. Corrine 
     Brown of Florida, Ms. Watson, Ms. Jackson-Lee of Texas, Ms. 
     Fudge, Mr. Perriello, Mr. Cohen, Ms. Sutton, Ms. Richardson, 
     Mr. Hastings of Florida, Ms. Norton, Mr. Weiner, Mr. Jackson 
     of Illinois, Mr. Donnelly of Indiana, Mr. Frank of 
     Massachusetts, Mr. Faleomavaega, Mr. Sires, Mr. Lipinski, Mr. 
     Farr, Mr. Kucinich, Mr. Nadler of New York, and Ms. Loretta 
     Sanchez of California.
       H. Con. Res. 36: Mrs. Maloney and Mr. Meek of Florida.
       H. Res. 36: Mrs. McCarthy of New York and Mr. Jackson of 
     Illinois.
       H. Res. 44: Mr. Barrett of South Carolina and Mr. Tim 
     Murphy of Pennsylvania.
       H. Res. 47: Mr. McCaul, Mr. Moran of Virginia, Ms. 
     Schwartz, Mr. Peterson, Mr. Stupak, Mr. Boozman, Mr. 
     Reichert, Ms. Sutton, Mr. Royce, Mr. Rush, Ms. Granger, Ms. 
     McCollum, Mr. Graves, Mr. Bishop of Georgia, Mr. Dreier, Mr. 
     Bartlett, Mr. Rogers of Alabama, Mrs. Bachmann, Mr. Boswell, 
     Mr. Tiahrt, Mr. Sessions, Ms. Norton, Mr. King of New York, 
     Ms. Matsui, Mr. Kratovil, Mr. Jones, Mr. Wolf, Mr. Platts, 
     Mrs. Blackburn, Mr. Crenshaw, Mr. Hoekstra, Mr. Roskam, Mr. 
     Cardoza, Mr. Price of Georgia, Mr. Teague, Mr. Smith of 
     Texas, Mrs. McMorris Rodgers, and Ms. Fudge.
       H. Res. 54: Mr. Linder, Mr. Sam Johnson of Texas, Mr. 
     Chaffetz, Mr. Hensarling, Mr. Franks of Arizona, Mr. Gohmert, 
     Mr. Alexander, Mr. Smith of Texas, Mr. Kingston, Mr. Posey, 
     and Mr. Brady of Texas.
       H. Res. 65: Ms. Jackson-Lee of Texas, Mr. Schrader, Mr. 
     Holt, Mr. Al Green of Texas, Mr. Honda, Mr. Langevin, Ms. 
     Fudge, Mr. Moran of Virginia, Mr. Hinchey, Mr. Polis of 
     Colorado, and Mr. Lewis of Georgia.
       H. Res. 70: Mr. Guthrie.
       H. Res. 83: Ms. Jackson-Lee of Texas, Ms. Bordallo, Mr. 
     Snyder, Mr. Faleomavaega, Ms. McCollum, Ms. Richardson, Mr. 
     Meek of Florida, Ms. Matsui, Mr. Fattah, Mr. Hinchey, Mr. 
     Markey of Massachusetts, Mr. Moran of Virginia, Mr. Hastings 
     of Florida, Mr. Baca, Mrs. McCarthy of New York, Mr. 
     Grijalva, Mr. Holt, Mr. Van Hollen, Ms. Fudge, Mr. Frank of 
     Massachusetts, Mr. Ross, Mr. Levin, Mr. Sires, Mr. Driehaus, 
     Ms. Norton, Ms. Velazquez, Mr. Ryan of Ohio, Mr. Serrano, Mr. 
     Himes, Ms. Wasserman Schultz, Mr. Lujan, and Mr. McDermott.
       H. Res. 89: Ms. Pingree of Maine and Ms. McCollum.
       H. Res. 112: Mr. Terry, Mr. Thompson of Pennsylvania, Ms. 
     Fallin, Mr. Rooney, Mr. Roskam, Mr. Carter, Mr. Fortenberry, 
     Ms. Ginny Brown-Waite of Florida, Mr. Paulsen, Mr. Coffman of 
     Colorado, Mr. Westmoreland, Mr. Gerlach, Mr. Young of Alaska, 
     Mr. Davis of Kentucky, Mrs. Bachmann, Mr. Paul, Mr. Sessions, 
     Mr. Ehlers, Mr. Bachus, Mr. Akin, Mr. Neugebauer, Mr. Arcuri, 
     Mr. Yarmuth, Mr. Israel, Mr. McGovern, Mr. Buchanan, Mr. 
     McKeon, Mr. Roe of Tennessee, Mr. Higgins, Mr. Rogers of 
     Michigan, Mr. Schock, Mr. Price of Georgia, Mr. Boozman, Mr. 
     Lance, Mr. Tiberi, Mr. Wilson of South Carolina, Mr. Hall of 
     New York, Mr. Platts, Mr. Blunt, Mr. Camp, Mr. Olson, Mr. 
     Smith of New Jersey, Mr. Dreier, Mr. King of New

[[Page 3395]]

     York, Mr. McCarthy of California, Mr. Young of Florida, Mr. 
     Boustany, Mr. Reichert, Mr. Lincoln Diaz-Balart of Florida, 
     Mr. Nunes, Ms. Granger, Mr. Castle, Mr. Cassidy, Mr. Conaway, 
     Mr. Goodlatte, Mr. Aderholt, Mr. Massa, Mr. Putnam, and Ms. 
     Jenkins.
       H. Res. 117: Mr. Tonko, Mr. Carnahan, Mrs. Myrick, Ms. 
     Eshoo, Ms. Edwards of Maryland, Ms. Loretta Sanchez of 
     California, and Ms. Giffords.
       H. Res. 125: Mr. Hinchey and Mr. Burton of Indiana.
       H. Res. 128: Mr. LaTourette, Mr. Kucinich, Mr. Tiberi, Mrs. 
     Schmidt, Mr. Space, and Mr. Wilson of Ohio.
     
     
     


[[Page 3396]]

                          EXTENSIONS OF REMARKS
                          ____________________


              HONORING FRESNO DEPUTY SHERIFF'S ASSOCIATION

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. RADANOVICH. Madam Speaker, I rise today to commend the Fresno 
Deputy Sheriff's Association for their commitment to serving the City 
and County of Fresno, California.
  For over thirty years the Fresno Deputy Sheriff's Association (FDSA) 
has maintained the goal of working for the rights and protection of law 
enforcement, as well as to serve the citizens of Fresno County. 
Originally the FDSA was organized to give deputy sheriffs the 
opportunity to collectively bargain with the county for wages, benefits 
and working conditions. Once fully operating, the FDSA was able to 
establish better labor conditions for the deputy sheriffs and began 
actively participating in the community. The FDSA donates time and 
monetary resources to various charitable organizations. It is also 
active in the state association, the Peace Officer's Research 
Association of California.
  Today the FDSA represents over five hundred active employees. The 
membership includes deputy sheriffs, dispatchers, community service 
officers, identification technicians, criminalists and deputy coroners. 
The variety of job classifications allows the FDSA to represent both 
sworn and support personnel throughout the enforcement side of the 
Fresno Sheriff's Office.
  Madam Speaker, I rise today to commend the Fresno Deputy Sheriff's 
Association for their commitment to serving the personnel of the Fresno 
Sheriff's Office. I invite my colleagues to join me in wishing the 
organization many years of continued success.

                          ____________________




                   TRIBUTE TO THE LIFE OF JOSE TORRES

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. RANGEL. Madam Speaker, I rise today to pay tribute to former 
light-heavyweight boxing champion Jose Torres, who sadly passed away on 
January 19th this year. Mr. Torres was an extraordinary man who 
achieved a life that advanced the cause of civil rights, community 
empowerment, and equality of opportunity. Of Puerto Rican descent, Mr. 
Torres was fiercely proud of his heritage and made New York his home 
for 50 years.
  Mr. Torres learned to box in the Army and captured the light-
middleweight silver medal at the 1956 Melbourne Olympics. After that, 
he served as a sparring partner for Sugar Ray Robinson. Mr. Torres 
boxed professionally from 1958 to 1969, sporting a record 41 wins, 
three losses, and one draw. He was a light-heavyweight champion, 
successfully defended his title three times, and was inducted into the 
International Boxing Hall of Fame in 1997.
  He captured the light-heavyweight crown in 1965 by defeating then 
undisputed champion Willie Pastrano. His victory sent an outpouring of 
joy and pride into the streets of Spanish Harlem which held a parade in 
his honor, and he dedicated his title to the people of Puerto Rico.
  Mr. Torres had a passion for civil rights and became a voice for the 
Latino. He joined Robert F. Kennedy's 1968 Presidential campaign to 
serve as a liaison to the Puerto Rican community. After boxing, Mr. 
Torres began his journalism career as a columnist for the New York 
Post. He became the first Hispanic columnist for a major English-
language paper, writing about politics and life in the neighborhoods of 
Spanish Harlem. He also wrote for the Spanish-speaking New York 
newspaper El Diario La Prensa. His was a powerful voice because people 
trusted him. You could not find any one in New York who would not talk 
to him. Mr. Torres' literary interests extended to authoring the 
celebrated biographies of boxing legends Muhammad Ali and Mike Tyson.
  In the mid-eighties, Mr. Torres served as the chairman of the New 
York State Athletic Commission, becoming the first former professional 
boxer and first Latino to head the boxing oversight agency. He 
understood the social disadvantages that many boxers faced and vowed to 
promote educational opportunities for fighters ``at least so they can 
read their contracts.''
  Mr. Torres dedicated his life to helping others professionally and 
personally. Over the decades, he befriended and nurtured aspiring 
journalists and up-and-coming fighters. Mr. Torres is revered among the 
people of Spanish Harlem and Puerto Rico, which declared three days of 
mourning and ordered flags to be flown at half staff.
  Once again, I pay tribute to Jose Torres, a trailblazer for his 
people and a renaissance man who made a positive impact in boxing, 
literature and civil rights. Those of us who had the opportunity to 
observe and experience his example consider ourselves blessed.

                          ____________________




                     TRIBUTE TO GREGORY LEE THOMAS

                                 ______
                                 

                             HON. JOE BACA

                             of california

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. BACA. Madam Speaker, I stand here today to honor a loving father, 
supportive husband, caring brother and cherished son, Gregory Lee 
Thomas.
  Born in Fontana, California, Gregory moved with his family to San 
Bernardino where he grew up to become a valuable member of the 
community. Having always held an interest and fascination with cars, 
working on them in his spare time, he eventually became a Service 
Advisor for Toyota and resided with his family in Redlands. However, it 
was the compassion and love for his family that really made Gregory 
shine. This is what made him the dedicated and devoted husband and 
father that will always remain in our hearts.
  Gregory is survived by Angela Thomas, his wife of 15 years, and his 
two children, Alexia and Michael. He will be sorely missed by his 
father, Bill, step-mother, Jaennie, brother, Jeff, and sister, Danette 
as well as all of Gregory's combined nieces and nephews.
  As a friend of Gregory's father, Bill, I would like to express my 
greatest sympathies for his family's loss. Gregory was extremely loved 
and will truly be missed. Let us take a moment to remember this great 
man, a positive role model to us all. The thoughts and prayers of my 
wife Barbara, my family and I are with Bill and his family at this 
time.
  God bless Gregory Lee Thomas for love of country and mankind.

                          ____________________




           TRIBUTE TO PRESIDENT BARACK OBAMA FROM KAZAKHSTAN

                                 ______
                                 

                          HON. SHELLEY BERKLEY

                               of nevada

                    in the house of representatives

                        Monday, February 9, 2009

  Ms. BERKLEY. Madam Speaker, as co-chair of the Friends of Kazakhstan 
Caucus, I would like to submit the following op-ed article, ``Hoping 
for the Better'', to the Congressional Record. This article, written by 
Kazakhstan's Secretary of State Kanat Saudabayev, expresses the 
continuing sense of solidarity between the United States and Kazakhstan 
as we enter into a new chapter of history with the inauguration of 
President Barack Obama. I look forward to working with President Obama 
as we continue to build our positive and productive relationship with 
the Kazakh people.

               [From the Washington Times, Feb. 3, 2009]

                   Saudabayev: Hoping for the Better

                         (By Kanat Saudabayev)

       The inauguration of Barack Obama as U.S. president has 
     opened a new page in the history of America and the world. 
     Great hopes for changes for the better are pinned on the new 
     American leader. We in Kazakhstan sincerely wish the 44th 
     U.S. president strong health and strong political will to 
     fully realize his good intentions of making America and the 
     world safer and more prosperous.
       Kazakhstan and the U.S. are time-tested strategic partners 
     with successful experience of working together in such 
     critical areas as nonproliferation of weapons of mass 
     destruction, the fight against terrorism, energy, and

[[Page 3397]]

     democracy. A phone conversation soon after the election 
     between Obama and Kazakhstan President Nursultan Nazarbayev 
     instilled confidence that, under the new administration, 
     Kazakhstan-U.S. relations would continue to grow. The two 
     leaders discussed further cooperation on pressing 
     international problems such as nonproliferation, the fight 
     against terrorism and the stabilization of Afghanistan.
       We in Kazakhstan not only share the new administration's 
     concern with these problems but also believe their solution 
     lies through stronger cooperation of progressive nations 
     sharing common values. Closing our ranks even further is 
     especially crucial today in the face of the most serious 
     economic crisis the world has seen. ``America is strongest 
     when we act alongside strong partners,'' says President 
     Obama. Kazakhstan is such a partner eager to continue working 
     shoulder to shoulder with the United States and others to 
     build a more secure and prosperous world.
       Cooperation in the critical area of nonproliferation has 
     been a cornerstone of our strategic partnership. In the early 
     1990s, President Nazarbayev took a courageous decision to 
     voluntarily renounce the world's fourth-largest nuclear 
     arsenal (which it held while part of the old Soviet Union). 
     Working with the U.S. under the outstanding Nunn-Lugar 
     Cooperative Threat Reduction program, Kazakhstan has fully 
     rid itself of nuclear weapons and their infrastructure, 
     becoming an active participant in global nonproliferation 
     processes. Today, our cooperation, recognized as the most 
     effective model for removing a nuclear threat, successfully 
     continues.
       We are greatly encouraged by the fact that nonproliferation 
     is among the top priorities for President Obama and his 
     administration. We believe it is necessary to not only 
     continue our bilateral cooperation, but also to use more 
     actively the example of Kazakhstan's nuclear disarmament and 
     our cooperation with the United States in convincing other 
     countries to renounce their nuclear-weapon ambitions. 
     Kazakhstan's dynamic economic development since independence, 
     and the evolution of our country into an equal and respected 
     partner of the international community--confirmed by 
     Kazakhstan's election as chair of the Organization for 
     Security and Cooperation in Europe (OSCE) and the 
     Organization of Islamic Conference (OIC)--these are all 
     arguments which prove that renouncing nuclear weapons and 
     opting for mutually beneficial cooperation with the world is 
     a more effective way of ensuring a country's security than a 
     nuclear bludgeon.
       Kazakhstan, having initially supported efforts of the 
     United States and other countries in Operation Enduring 
     Freedom, will continue to assist the international coalition 
     actions in Afghanistan as these are directed at strengthening 
     security and stability in Central Asia and beyond, which is 
     in our common interests. The international community should 
     pour more efforts into the political settlement and economic 
     rehabilitation of Afghanistan, as well as in reducing, and, 
     eventually, eliminating fully, the production and smuggling 
     of drugs out of that country.
       Today, it is crucial to continue building bridges between 
     Islam and the West, and to renounce phobia of Islam in the 
     West and phobia of the West in the Islamic world. Kazakhstan, 
     a secular Muslim-majority country bridging Europe and Asia, 
     is uniquely positioned to promote such dialogue and 
     understanding. At President Nazarbayev's initiative, this 
     year Kazakhstan will host the Third Congress of Leaders of 
     World and Traditional Religions. Last year, Astana hosted a 
     forum, ``Common World: Progress through Diversity,'' bringing 
     together foreign ministers from Western and Oriental nations. 
     Last but not least, Kazakhstan will chair the OSCE in 2010 
     and the OIC in 2011. Promoting the dialog of civilizations 
     during this important period will be one of our top 
     priorities, and we hope to achieve greater mutual 
     understanding between the West and the Islamic world. Again, 
     Kazakhstan is eager to work together with the United States 
     in this area of great importance to us all.
       We welcome Barack Obama's intention to visit Kazakhstan. He 
     would become the first-ever sitting U.S. President to visit 
     not just Kazakhstan but also the region of Central Asia. Such 
     a visit would both give a new, powerful boost to our 
     bilateral cooperation and help chart a new way forward in 
     U.S. relations with moderate Muslim nations. That is why we 
     sincerely say to the American leader: ``Welcome to 
     Kazakhstan, Mr. President!''

                          ____________________




    CELEBRATING THE CENTENNIAL OF THE HIGHLANDS-CASHIERS LAND TRUST

                                 ______
                                 

                           HON. HEATH SHULER

                           of north carolina

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. SHULER. Madam Speaker, I rise today to celebrate the Centennial 
of the Highlands-Cashiers Land Trust, or HCLT, and to recognize the 
contributions which the HCLT has made to the Western North Carolina 
community, and especially land conservation efforts, over the past 100 
years. The HCLT works to preserve the natural areas, scenic beauty, and 
green spaces of the Highlands-Cashiers Plateau for the enjoyment and 
benefit of the public.
  The HCLT has been in operation since 1883, though known then as the 
Highlands Improvement Association. The first land purchase was 
effectuated in 1909. This initial purchase was for 56 acres of land on 
the Summit of Satulah Mountain, overlooking the town of Highlands, for 
$100.
  The HCLT is the oldest land trust in North Carolina and one of the 
oldest in the United States. The trust protects over 1,700 acres in 
Western North Carolina. Included in the protected lands are two sites 
of particularly significant historical importance. The Hill property in 
Horse Cove is significant for its role during the Trail of Tears. The 
site was used as a holding area for Native Americans before they began 
the treacherous trip to Oklahoma, leaving their native homes and 
villages behind. The second site, the Warren Property, was an original 
land grant from the first pioneer to the area, Barak Norton. The unique 
property was featured in the October 2008 issue of ``Southern Living 
Magazine'' for the breath-taking vistas.
  Among the more recent endeavors of the HCLT are various educational 
and philanthropic projects. The HCLT raised more than $450,000 to 
purchase a property to be used as a park in the town of Highlands, 
North Carolina. They also preserve properties which protect rare and 
endangered species of plants and trees, included in this is the 
original Satulah Mountain land. Satulah Mountain is home to many 
species of endangered plants and wildflowers which are studied by 
university students from all over the world. In conjunction with these 
efforts the HCLT strives to remain active in the community through the 
Mountain Retreat, an 80 acre conservation easement used for many 
Elderhostel programs, focusing on Appalachian culture, music, and 
heritage.
  Madam Speaker, the Highlands-Cashiers Land Trust has made an 
indelible contribution to land preservation in Western North Carolina 
and I commend them for their continuing dedication to both conservation 
and community.

                          ____________________




             TRIBUTE TO RETIRING SECRETARY DONALD C. WINTER

                                 ______
                                 

                            HON. IKE SKELTON

                              of missouri

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. SKELTON. Madam Speaker, let me take this moment to recognize the 
career of Secretary Donald C. Winter who is retiring this March after 
serving three years as Secretary of the Navy.
  Secretary Winter earned his Bachelor of Arts from the University of 
Rochester in 1969. He received a Master's degree and Doctorate in 
Physics from the University of Michigan in 1970 and 1972, respectively. 
Also, he was a graduate of the USC Management Policy Institute, a 1987 
graduate of the UCLA Executive Program, and a 1991 graduate of the 
Harvard University Program for Senior Executives in National and 
International Security.
  Prior to serving as Secretary of the Navy, Dr. Winter served as a 
corporate Vice President and President of Northrop Grumman's Mission 
System's sector. Additionally, he served as president and CEO of TRW 
systems. From 1980 to1982, he served as program manager for the Defense 
Advanced Research Projects Agency in which he was responsible for space 
acquisition, tracking and pointing programs.
  As Secretary Winter retires from his current post, I trust that the 
Members of the House will join me in thanking him for his exceptional 
commitment to the Department of Navy and the safety and security of 
America.

                          ____________________




                      TRIBUTE TO SURLENE G. GRANT

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. STARK. Madam Speaker, I rise today to pay tribute to Surlene 
Grant in honor of ten years of dedication to the community of San 
Leandro, California. On Friday, June 30, 2009, the San Leandro African 
American Business Council and Friends and Fans of Surlene Grant will 
honor Ms. Grant for her accomplishments and meritorious contributions.

[[Page 3398]]

  She served as a San Leandro Council member from 1998-2008 including 
two terms as the City's Vice Mayor. Ms. Grant is the first person of 
non-European descent to be appointed or elected to the City Council in 
the City's 150 years. Originally appointed to the council in August 
1998, Ms. Grant was elected in November 2000, November 2004, and was 
appointed Vice Mayor in 2006 and 2007.
  Taking a leadership position in a historically closed and restrictive 
city, some civic leaders describe Ms. Grant as the change agent that 
lead to the creation of a city management team that has become more 
reflective of the diverse population of San Leandro, as well as paving 
the way for other African Americans to be elected to the City Council.
  Ms. Grant can point to numerous successes during her tenure on the 
San Leandro City Council. She worked with the community and staff in 
the development of the award-winning South Area Development Plan. She 
worked diligently with her colleagues for the adoption of an 
inclusionary housing policy, which sought to enhance the City's 
affordable housing policies, and also successfully spearheaded the 
passage of the Local Purchasing Ordinance. Ms. Grant also labored for 
removal of the word ``minority'' in city documents to facilitate 
inclusive opportunity for all. Ms. Grant is also responsible for the 
establishment of the African American Business Council and the Business 
Association of South San Leandro.
  She has served on numerous commissions, boards and advisory 
committees that include working as Chairperson of San Leandro's Finance 
Committee and as a member of the Business Development and Redevelopment 
Committee. She was formerly a member of the Alameda County Housing 
Authority Board of Commissioners and served as an alternate on the 
Alameda County Transportation Improvement Authority Board.
  Ms. Grant received her B.S. in Journalism from Northwestern 
University, Evanston, Illinois and a M.A. from John F. Kennedy 
University, Orinda, California.
  I join the community in recognizing Surlene Grant for her 
contributions that have ensured the quality of life in San Leandro's 
neighborhoods and the economic development and vitality of the city. We 
will miss her on the San Leandro Council but will continue to depend on 
her experience, sage advice and exemplary leadership.

                          ____________________




                        TRIBUTE TO ROYCE HOPKINS

                                 ______
                                 

                         HON. MICHAEL T. McCAUL

                                of texas

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. McCAUL. Madam Speaker, I rise today to pay tribute to the life of 
Royce Hopkins of Waller County, who passed away on February 6, 2009.
  Today we celebrate the life of a great man who was one of my heroes. 
Royce Hopkins was a dear friend and a gentle man in every sense of the 
word. He will always be remembered for his kindness, integrity and his 
optimistic and infectious smile. I can still see the twinkle in his 
eyes and his spirit lives on in all of us.
  Like my father, Royce served in the Eighth Air Force in World War II. 
Like Dad, he flew on bombing missions in a B-17 known as the Flying 
Fortress. On December 4, 1944, Royce and his crew arrived in England. 
He flew 26 combat missions over Germany, 25 bombing and one weather 
mission. He earned four Air Medals, five Battle Stars, a Commendation 
Medal for a special assignment, a Purple Heart and two presidential 
Commendations for the group.
  His generation saved the free world from the threat of fascism. Born 
during the Great Depression and tempered by war, they will always be 
known as the Greatest Generation. I remember going to Royce's WWII 
reunion and meeting the veterans with whom he served. And now, like my 
father and so many in their generation, he has passed on and returned 
to our heavenly Father. Perhaps they are together now talking about 
airplanes.
  This Christmas I received an A-2 Bomber Jacket with Army Air Corps 
and Eighth Air Force patches. I thought of Royce and my Dad and I 
regret not having the chance to show it to Royce. But maybe he can see 
it from a better vantage point now.
  I met Royce during my first campaign for Congress. He supported me 
when many did not and he was always there for me. I remember how much 
he reminded me of my own father and he was a shining example of how to 
live. Like many others in his generation, he taught us how to be 
courageous but with humility. He taught us how to have a sense of humor 
and I learned a great deal from him.
  As we mourn our personal loss, we must also celebrate the life of 
Royce Hopkins, for it was a great life and he lived it to the fullest. 
To his wife, Mollie, and his children, Kim, Kit, Sharon and Mike, like 
you, we all loved Royce. It was hard not to, he was just that kind of 
person. I am fortunate God brought us together. He was my friend and I 
will miss him dearly.
  I am reminded of the Gospel of Matthew when Jesus said, ``Let your 
light so shine before men that they may see your good works and glorify 
your Father who is in Heaven.'' May the peace of Christ be with you and 
may He hold you in the palm of His hand.
  I will miss him dearly. Well done, good and faithful servant.

                          ____________________




    FOXBOROUGH HIGH SCHOOL JAZZ ENSEMBLE HEADS TO THE INAUGURATION 
                              CELEBRATION

                                 ______
                                 

                           HON. BARNEY FRANK

                            of massachusetts

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. FRANK of Massachusetts. Madam Speaker, on Sunday, January 18th, 
the Foxborough, Massachusetts High School Jazz Ensemble was given the 
great--and fully deserved--honor of playing at the Kennedy Center as 
part of the event that was entitled ``Swing Into Freedom.'' The 
ensemble accompanied Wynton Marsalis and I am very proud that high 
school students in the district I am privileged to represent were 
selected for this important part of the Inauguration festivities and 
performed in a manner that fully justified the invitation to them.
  Madam Speaker, I want to congratulate the members of the Foxborough 
High School Jazz Ensemble and also those planning this program who had 
the foresight to include this excellent group of young musicians in 
this important set of events in the nation's history.

                          ____________________




      INTRODUCTION OF THE MENTORING AMERICA'S CHILDREN ACT OF 2009

                                 ______
                                 

                          HON. SUSAN A. DAVIS

                             of california

                    in the house of representatives

                        Monday, February 9, 2009

  Mrs. DAVIS of California. Madam Speaker, I rise today to introduce 
strengthening the link between high-quality mentoring and public 
education in the United States.
  The Mentoring America's Children Act of 2009 will improve upon the 
current efforts to match high-quality and responsible mentors with 
children in need of a strong role model.
  In 2002, the U.S. Department of Education began granting funding 
directly to community organizations and schools to establish or expand 
mentoring opportunities. Since then, we have seen a 20-percent increase 
in the number of children benefiting from a mentor.
  The Mentoring America's Children Act sets out to expand and build 
upon this success. By increasing the availability and quality of the 
grants available through the Department of Education, school-based 
mentoring programs will reach more children in need while enhancing 
quality.
  The bill will also tie mentoring programs' funding more closely with 
the important role mentors can play in improving a young person's 
academic standing and the learning environment. The legislation would 
broaden the reach of mentoring to include a number of specific 
populations of young people who could benefit from a strong role model.
  Finally, the legislation also authorizes the Department of Education 
to conduct high-quality research into successful school-based mentoring 
programs. Through this research, plus improved data collection and 
tracking, we will better understand the impact of mentoring and can 
continue to refine program practices to best meet the needs of 
children.
  Mentoring is a critical element in a child's social, cognitive and 
emotional development. When it comes to education, a healthy 
relationship with a mentor plays a key role in improving the learning 
environment for a young person. Students with a responsible mentor have 
better attendance and are more connected to their school, schoolwork, 
and teachers. They perform better in school and are more likely to 
graduate and go on to higher education.
  It is an honor to introduce this legislation with a number of my 
colleagues on the House Mentoring Caucus and others dedicated to the 
noble cause of mentoring. It was also an honor to work directly with 
the MENTOR/National Mentoring Partnership, Big Brothers Big Sisters of 
America and the National Collaboration for Youth to develop this 
legislation.

[[Page 3399]]

  Madam Speaker, I urge consideration of this legislation.

                          ____________________




              HONORING FRESNO POLICE OFFICER'S ASSOCIATION

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. RADANOVICH. Madam Speaker, I rise today to commend the Fresno 
Police Officer's Association for their commitment to serving the city 
and county of Fresno, California.
  For over one hundred years, the Fresno Police Officer's Association 
(FPOA) has had a presence in Fresno. The organization was first known 
as the ``Widow and Orphan's Organization'' and provided assistance to 
the families of its members. The name was changed to the ``Fresno 
Police Relief Association'' and in 1951 was incorporated. The service 
that the organization provided expanded at this time to focus on 
improving benefits, salary and working conditions for the members. In 
1975, the name of the organization finally became the Fresno Police 
Officer's Association. Throughout the organization's hundred years, its 
primary purpose has always been ``Service.''
  Today the FPOA has over eleven thousand members and a Board of 
Directors consisting of eighteen elected positions. The Board positions 
include three officers (President, First Vice President and Second Vice 
President), twelve Directors at Large, one Staff Director and two 
Retiree Directors. The FPOA assists members with supplemental health 
benefits, provides scholarships to dependent children of active or 
retired members, offers legal assistance and helps with various 
disability issues. The group also gives back to the community by 
getting involved with charitable events.
  Madam Speaker, I rise today to commend the Fresno Police Officer's 
Association for their commitment to serving the police officers of 
Fresno. I invite my colleagues to join me in wishing the organization 
many years of continued success.

                          ____________________




            IN HONOR OF DAVID PETERSON OF SARTELL MINNESOTA

                                 ______
                                 

                         HON. MICHELE BACHMANN

                              of minnesota

                    in the house of representatives

                        Monday, February 9, 2009

  Mrs. BACHMANN. Madam Speaker, I rise today in honor of a true 
patriot, David Peterson, of Sartell, Minnesota. David is a City 
Councilman, community leader, attorney, husband and father. And, he is 
about to make his first deployment to Iraq as a Captain with the 
Minnesota National Guard's 34th Infantry Division.
  Even a quick glimpse at David Peterson's life reveals the heart of a 
true citizen. An attorney by profession, David has worked in legal aid 
services, as a prosecutor, and in the civil division of the Stearns 
County Attorney's office. He will use that training as a JAG officer 
during his deployment.
  His long and strong history of community leadership led him to run 
for City Council, and in January 2007, he was sworn into office. He 
will take a leave of absence from that position while he serves his 
fellow Minnesotans in Iraq.
  Tonight in Sartell, David's friends and family and neighbors are 
meeting to wish him Godspeed as he prepares for his deployment. Along 
with the Sartell American Legion, the Mayor and City Council will 
present Captain David Peterson with a flag flown over the U.S. and 
Minnesota capitols and the Sartell City Hall. They've asked David to 
take it with him to Iraq and they will fly it again over the City Hall 
when he returns.
  I join all of Sartell in our pride of this citizen-soldier, and I, 
too, wish him Godspeed and God's blessings on his journey.

                          ____________________




 RECOGNIZING MICHIGAN STATE UNIVERSITY, PRESIDENTIAL AWARD FOR SERVICE 
                                 WINNER

                                 ______
                                 

                            HON. MIKE ROGERS

                              of michigan

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. ROGERS of Michigan. Madam Speaker, today I rise to pay tribute to 
Michigan State University for its selection as a recipient of the 
Presidential Award for General Community Service from the Corporation 
for National and Community Service.
  Since its founding in 1968 as the Office of Volunteers, the Center 
for Service-Learning and Civic Engagement at Michigan State University 
has been instrumental in encouraging students to become involved with 
volunteering both locally and across the globe. In 2007-2008, more than 
14,000 students were involved in volunteer efforts, a number that has 
doubled in the past six years. It is these qualities which made 
Michigan State University a wonderful choice as an Honor Roll 
Presidential Award winner for 2008. Each year this award is given to 
colleges and universities as an acknowledgment of their commitment to 
service learning and civic engagement. In 2008, Michigan State 
University was one of three universities to receive the Honor Roll's 
Presidential Award, and one of only 18 to be honored since 2006.
  Specifically, Michigan State University is being recognized for the 
stability, growth, and impact of its student volunteer program. This 
program organizes students to work with over 360 nonprofits, public 
schools, hospitals, and neighborhood organizations and cooperates with 
student-led programs such as Alternative Spring Break. These are just a 
few examples of the many creative and variable ways that the Center for 
Service-Learning and Civic Engagement reaches out to communities 
locally and worldwide.
  Madam Speaker, a commitment to volunteering and service learning is 
the foundation for creating a more engaged citizen body. A commitment 
to others lies at the heart of many of the principles upon which this 
country was founded. I wish to extend my gratitude to Michigan State 
University for its achievements, and I ask my colleagues to join me in 
recognizing Michigan State University for its years of dedication to 
service and community organizing and in their selection as a 
Presidential Award for Service winner.

                          ____________________




                  TRIBUTE TO AMBASSADOR RICHARD SKLAR

                                 ______
                                 

                           HON. ANNA G. ESHOO

                             of california

                    in the house of representatives

                        Monday, February 9, 2009

  Ms. ESHOO. Madam Speaker, I rise today to honor the life and legacy 
of Richard Sklar . . . Ambassador, engineer, business leader, 
innovator, dispute mediator, professor, negotiator's negotiator, civic 
leader and public servant, winemaker, NFL fan, loyal friend to so many 
and most importantly, exceedingly proud husband, father and 
grandfather.
  Dick Sklar passed away of pancreatic cancer at the age of 74 on 
January 20, 2009, at his home in San Francisco after watching with 
great satisfaction President Obama's Inauguration with his beloved wife 
Barbara by his side. Touchingly, his hometown newspaper, the San 
Francisco Chronicle noted, ``his death came the day after he received 
the highest noncitizen medal of honor from the Republic of Montenegro, 
for his role in helping the new country achieve independence.''
  Dick is survived by his wife Barbara, his daughters Pamela Ball of 
San Francisco, Karen Wong King of Santa Rosa, sons Mark Sklar of 
Phoenix and Eric Sklar of St. Helena, eight beautiful grandchildren, 
son-in-law John Ball and daughters-in-law Erica and Marilyn Sklar. Dick 
was born on November 18, 1943 in Baltimore, Maryland. His father was an 
engineer and his family moved often while he was a young man. He was a 
graduate of Cornell University earning both a Bachelor's and Master's 
Degrees in Engineering.
  After serving in the United States Army, Dick founded and sold his 
first business, Allied Steel and Tractor Corporation, a Cleveland Ohio 
based manufacturing company. Cleveland is where he met the love of his 
life Barbara who is recognized in her own right as a brilliant artist 
and a civic leader.
  Dick Sklar was a friend and a mentor to many in public service, from 
Mayors to Governors to Members of Congress to Presidents. In 1976, 
Mayor Moscone recruited him to San Francisco to oversee the $1.5 
billion sewer and wastewater treatment plant program and the Yerba 
Buena Center known as the Moscone Center. At the time Dick began his 
service to the City, it was under a building ban for non-performance. 
Senator Feinstein (then Mayor of San Francisco) appointed him to head 
the Public Utilities Commission. He was exceptionally successful in 
these projects and became known world wide as a leader who was 
pragmatic and fair, and who set aside bureaucratic nonsense, 
challenging those around him to think practically and strive for 
excellence and innovation in everything they did. Dick's projects 
consistently came in under budget and ahead of schedule.
  From 1983 to 1996, Dick served as President of O'Brien Kreitzberg and 
Associates (OKA). He developed the first integrated program management 
system now used industry-

[[Page 3400]]

wide to track spending, measure progress and improve accountability on 
public construction projects. During his tenure with OKA, the company 
built ten airports, light rail lines in major cities in the U.S. and 
facilities for the 1996 Atlanta Olympics.
  In 1996, President Clinton wisely turned to Dick Sklar for help and 
appointed him first as Special Representative to the President in 
Bosnia after the Dayton Peace Accords. He then appointed him an 
Ambassador to the United Nations from 1997 to 1999 and lastly as 
Special Representative of the President for the Southeast Europe 
Initiative from 1999 to 2001. Dick led the postwar economic recovery 
effort in the Balkans in coordination with the World Bank, 
International Monetary Fund and the European Union, focusing on 
industries critical to establishing a market economy to encourage 
investment.
  After five years in Europe, Dick and Barbara came home to the Bay 
Area in 2001 and this time it was the Governor of California, Gray 
Davis, who needed his expertise to help with California's energy 
crisis. Dick expedited construction of new power-generating facilities 
and helped keep the lights on for California. In recent years he 
consulted with transportation, engineering and construction firms in 
California and served as an advisor to the Prime Minister of 
Montenegro.
  Dick Sklar was also known for his love of fine foods. He knew the 
menus of great restaurants around the world and could turn out great 
culinary delights out of his own kitchen. Scores of friends dined at 
his table in San Francisco, at his beloved home in the vineyard in 
Rutherford and at tables of restaurants around the world.
  Madam Speaker, I ask the entire House of Representatives to join me 
in honoring the extraordinary life and accomplishments of Richard Sklar 
and extend our sympathy to the family he loved so much. His decades of 
contributions to his community and his country stand as lasting 
legacies of a life lived well. How privileged I am to have known this 
magnificent man and to have had him as one of my dearest friends. He 
made our world better by contributing to it in unique ways with an 
unmatched passion for justice, integrity and decency. Those of us who 
knew him and loved him will miss him deeply all the days of our lives, 
and his life instructs each of us on what it means to be a true 
patriot.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. ADAM SMITH

                             of washington

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. SMITH of Washington. Madam Speaker, due to events in my district, 
I was unable to vote on rollcall No. 53: On the motion to suspend the 
rules and pass H.R. 738. Had I been present, I would have voted 
``yea''.

                          ____________________




   HONORING MR. ADAM TALIAFERRO, RECIPIENT OF THE HUMANITARIAN AWARD 
        BESTOWED BY THE PHILADELPHIA SPORTS WRITERS ASSOCIATION

                                 ______
                                 

                         HON. ROBERT E. ANDREWS

                             of new jersey

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. ANDREWS. Madam Speaker, I rise today to honor Mr. Adam 
Taliaferro, who grew up in Voorhees, NJ, for receiving the 2009 
Humanitarian Award given by the Philadelphia Sports Writers 
Association. Mr. Taliaferro received this award in recognition of his 
work in creating the Adam Taliaferro Foundation, which helps athletes 
who, like Adam, have suffered spinal cord injuries. His foundation 
offers financial, emotional and educational support to student-athletes 
who experience head or spinal injuries.
  While making a tackle in the fourth quarter of a game at Ohio State 
on September 23, 2000, Mr. Taliaferro suffered a severe neck injury. 
His fifth cervical vertebra, located at the base of his neck, was 
fractured and doctors warned Adam and his family that he likely would 
never be able to walk again. Despite this dire prognosis, Adam regained 
the ability to walk only five months after the injury. Mr. Taliaferro 
has used his experience to touch the lives of others who have suffered 
similar injuries. He spends time personally responding to e-mail and 
phone calls from individuals who have life-altering disabilities. His 
encouraging words, from someone who knows from personal experience what 
it feels like to be seriously injured, mean the world to those on the 
other end of the line.
  Madam Speaker, since the injury Mr. Taliaferro has received his 
undergraduate degree from Penn State and his JD from Rutgers School of 
Law-Camden. He has also created the Adam Taliaferro Foundation which 
plays a vital role in the community, helping those with serious 
injuries. Mr. Taliaferro is an excellent role-model for every American. 
His ability to use adversity as the impetus for such a positive 
contribution is an example for us all. I congratulate Mr. Taliaferro 
for receiving the Humanitarian Award and wish him the best of luck in 
his future endeavors.

                          ____________________




                             MILLARD FULLER

                                 ______
                                 

                      HON. SANFORD D. BISHOP, JR.

                               of georgia

                    in the house of representatives

                        Monday, February 9, 2009

  Mr. BISHOP of Georgia. Madam Speaker, it often takes loss to remind 
ourselves of our, unwavering appreciation and unfaltering gratitude for 
those few extraordinary people who, despite their ability to enjoy 
tremendous success and reward for themselves, instead commit their 
energies and talents to the betterment of the world. Millard Fuller of 
Americus, Georgia was one of those extraordinary few. Fuller passed 
away February 2, leaving behind a legacy that is all the evidence one 
needs to believe in the power of the human spirit to inspire hope and 
lift the burdens of poverty and despair from the shoulders of one's 
fellow man.
  Throughout his life, Millard Fuller's talent and passion were put on 
display in no small number of ways. He proved to be a great 
entrepreneur, founding a marketing company that made him a millionaire 
before he had turned thirty; a great lawyer, heading the Montgomery 
Southern Poverty Law Center; a great Christian, walking away from his 
hard-earned wealth to pursue a life of service; and a great 
philanthropist, founding the tremendously successful Habitat for 
Humanity. He led the organization for over three decades, and, through 
the application of what he called the ``economics of Jesus,'' helped to 
provide over 300,000 homes to the destitute and the downtrodden across 
the globe. However, more than any of these things, Millard Fuller was a 
great man. His selflessness serves as an inspiration to people 
throughout the nation and across our world.
  Born to a grocer in Lanett, Alabama, Mr. Fuller refused to allow his 
modest beginnings define the course of his life. Always one to take the 
initiative, he began raising pigs at the age of six, trading livestock 
during his teenage years, all before founding what would become known 
as the Fuller and Dees Marketing Group, Inc. after law school. Although 
he obtained a great fortune from his tireless efforts as a businessman, 
he soon found that in order to live a life of fulfillment, he had to 
dedicate himself to a simple life of devotion and service to a higher 
purpose. Fuller traveled to Africa in order to observe what he could do 
to improve the lot of the impoverished. He became a staunch advocate 
for aid to Africa's poor, and traveled the United States seeking 
assistance for his efforts. After moving to Americus, Georgia, Millard 
Fuller and his supporters founded what would become the most visible 
and effective manifestation of his desire to make a difference, an 
organization dedicated to providing housing and support for the poor--
Habitat for Humanity.
  For more than thirty years, Habitat for Humanity, with the help of 
countless volunteers ranging from the average citizen to former 
President Jimmy Carter, has built hundreds of thousands of homes for 
the world's disadvantaged. Its mission has reflected a simple 
philosophy, best expressed in Mr. Fuller's own words: ``We want to make 
it socially, morally, politically and religiously unacceptable to have 
substandard housing and homelessness.'' In 1996, President Bill Clinton 
recognized Mr. Fuller's dedication by awarding him the Presidential 
Medal of Freedom.
  Our deepest condolences go out to Mrs. Linda Fuller, and to all those 
who were touched by this extraordinary life. Let us seek to emulate 
Millard Fuller's passion for the good and the just, and his selfless 
pursuit of a better, gentler world. We should honor the life he lived 
by following the example he so emphatically set.

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all

[[Page 3401]]

meetings and hearings of Senate committees, subcommittees, joint 
committees, and committees of conference. This title requires all such 
committees to notify the Office of the Senate Daily Digest--designated 
by the Rules Committee--of the time, place, and purpose of the 
meetings, when scheduled, and any cancellations or changes in the 
meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Tuesday, February 10, 2009 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED
                              FEBRUARY 11
     9:30 a.m.
       Appropriations
       Energy and Water Development Subcommittee
         To hold hearings to examine protecting residents of the 
           Devils Lake region from rising water.
                                                            SD-138
       Veterans' Affairs
         To hold hearings to examine veterans' disability 
           compensation, focusing on the appeals process.
                                                            SR-418
     10 a.m.
       Budget
         To hold hearings to examine policies to address the 
           crises in financial and housing markets.
                                                            SD-608
       Homeland Security and Governmental Affairs
         Business meeting to consider S. 160, to provide the 
           District of Columbia a voting seat and the State of 
           Utah an additional seat in the House of 
           Representatives, S. 303, to reauthorize and improve the 
           Federal Financial Assistance Management Improvement Act 
           of 1999, S. 69, to establish a fact-finding Commission 
           to extend the study of a prior Commission to 
           investigate and determine facts and circumstances 
           surrounding the relocation, internment, and deportation 
           to Axis countries of Latin Americans of Japanese 
           descent from December 1941 through February 1948, and 
           the impact of those actions by the United States, and 
           to recommend appropriate remedies, and S. 234, to 
           designate the facility of the United States Postal 
           Service located at 2105 East Cook Street in 
           Springfield, Illinois, as the ``Colonel John H. Wilson, 
           Jr. Post Office Building'', an original resolution 
           authorizing expenditures for committee operations, and 
           committee's rules of procedure for the 111th Congress.
                                                            SD-342
       Judiciary
         To hold hearings to examine the need for increased fraud 
           enforcement in the wake of the economic downturn.
                                                            SD-226
     10:30 a.m.
       Rules and Administration
         Organizational business meeting to consider committee's 
           funding resolution for the 111th Congress, and other 
           pending business.
                                                            SR-301
     11:30 a.m.
       Energy and Natural Resources
         Organizational business meeting to consider an original 
           resolution authorizing expenditures for committee 
           operations, and subcommittee assignments for the 111th 
           Congress.
                                                            SD-366
     2:30 p.m.
       Intelligence
         Closed business meeting to consider pending intelligence 
           matters.
                                                            SH-219

                              FEBRUARY 12
     9:30 a.m.
       Indian Affairs
         To hold an oversight hearing to examine matters relating 
           to Indian affairs.
                                                            SD-628
       Small Business and Entrepreneurship
         Organizational business meeting to consider an original 
           resolution authorizing expenditures for committee 
           operations, and committee's rules of procedure for the 
           111th Congress.
                                                           SR-428A
     10 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to examine consumer protection in the 
           financial regulatory system, focusing on strengthening 
           credit card protections.
                                                            SD-538
       Budget
         To hold hearings to examine Senate procedures for 
           consideration of the budget resolution/reconciliation.
                                                            SD-608
       Commerce, Science, and Transportation
         Organizational business meeting to consider an original 
           resolution authorizing expenditures for committee 
           operations, and committee's rules of procedure for the 
           111th Congress; followed by a hearing to consider the 
           nominations of Jane Lubchenco, of Oregon, to be Under 
           Secretary for Oceans and Atmosphere, and John P. 
           Holdren, of Massachusetts, to be Director of the Office 
           of Science and Technology Policy, both of the 
           Department of Commerce.
                                                            SR-253
       Energy and Natural Resources
         To hold hearings to examine the Department of Energy Loan 
           Guarantee Program, authorized under Title 17 of the 
           Energy Policy Act of 2005, and how the delivery of 
           services to support the deployment of clean energy 
           technologies might be improved.
                                                            SD-366
       Environment and Public Works
         Organizational business meeting to consider an original 
           resolution authorizing expenditures for committee 
           operations, and committee's rules of procedure for the 
           111th Congress.
                                                            SD-406
       Homeland Security and Governmental Affairs
         To hold hearings to examine structuring national security 
           and homeland security at the White House.
                                                            SD-342
       Judiciary
         Organizational business meeting to consider subcommittee 
           assignments.
                                                            SD-226
     2:30 p.m.
       Intelligence
         To hold hearings to examine the world threat.
                                                            SH-216

                              FEBRUARY 24
     10 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to examine the semiannual monetary 
           policy report to the Congress.
                                                            SH-216
     2 p.m.
       Veterans' Affairs
         To hold joint hearings to examine the legislative 
           presentation of the Disabled American Veterans.
                                              345, Cannon Building

                                MARCH 5
     10 a.m.
       Veterans' Affairs
         To hold joint hearings to examine the legislative 
           presentations of veterans' service organizations.
                                                            SD-106

                                MARCH 12
     10 a.m.
       Veterans' Affairs
         To hold joint hearings to examine legislative 
           presentations of veterans' service organizations.
                                                            SD-106

                                MARCH 18
     9:30 a.m.
       Veterans' Affairs
         To hold joint hearings to examine the legislative 
           presentation of the Veterans of Foreign Wars.
                                              334, Cannon Building