Earl Pomeroy

Mr. POMEROY

Mr. POMEROY. Mr. Speaker, I rise in opposition to the Motion to Recommit H.R. 847, the James Zadroga 9/11 Health and Compensation Act. I believe that our current medical malpractice system is in need of reform. Rising medical liability premiums are threatening trauma centers, emergency rooms and obstetrician-gynecological practices and the patients they serve, causing some to shut their doors because they cannot afford the cost or risk of treating patients. To help address this issue, I have repeatedly voted for legislation that would reform our medical malpractice system by, among other things, placing a cap of $250,000 on noneconomic and punitive damages as well as limiting lawyers' contingent fees. While the flawed Motion to Recommit H.R. 847, the James Zadroga 9/11 Health and Compensation Act includes important provisions to help avoid frivolous medical malpractice lawsuits, it would also eliminate important delivery system reforms recently enacted in the health care reform law. This includes eliminating the Independent Payment Advisory Board which is charged with developing recommendations about innovative ways to better control costs both in public and private health programs while also ensuring that care is improved. In addition, I believe that comparative effectiveness research holds the potential to improve quality by helping doctors and patients determine the most effective treatment approaches. Repealing this important program would be an unacceptable step backwards. Furthermore, I have deep concerns with reducing funding aimed at improving public health. For these reasons, I urge my colleagues to oppose the flawed Motion to Recommit H.R. 847, the James Zadroga 9/11 Health and Compensation Act.

Mr. POMEROY

Mr. POMEROY. Madam Speaker, today I join with my colleagues, Sam Johnson, Ranking Member of the Subcommittee on Social Security, and Jim McDermott, Chairman of the Subcommittee on Income Security and Family Support, to introduce legislation to reauthorize the Work Incentives Planning and Assistance program (WIPA) and the Protection and Advocacy for Beneficiaries of Social Security (PABSS) program. This bill will ensure that two programs which provide critical assistance for Social Security and Supplemental Security Income (SSI) disability beneficiaries who are seeking to return to work continue for another year. WIPA and PABSS were both originally established in the bipartisan Ticket to Work and Work Incentives Improvement Act of 1999. WIPA provides $23 million for community-based organizations to provide personalized assistance to help SSI and Social Security Disability Insurance (DI) recipients understand Social Security's complex work incentive policies and the effect that working will have on their benefits. In 2009, WIPA assisted over 37,000 SSI and DI beneficiaries who wanted to return to work. The PABSS program provides $7 million in grants to designated Protection and Advocacy Systems to provide legal advocacy services that beneficiaries need to secure, maintain, or regain employment. In 2009, PABSS served nearly 9,000 beneficiaries. This bill will extend the WIPA and PABSS programs for one year. It also includes two commonsense technical changes to conform the treatment of WIPA and PABSS grantees. The bill would require WIPA grantees to report annually on their services to the Commissioner of Social Security, as PABSS grantees do. Although there have been problems in the past with maintaining an electronic reporting system for this data, we believe those problems are resolved and expect the Social Security Administration to maintain its commitment to an effective system during this extension. The bill would also allow WIPA grantees, like PABSS grantees, to carry over some unspent funding for one year, which will allow for smoother and faster staffing transitions. This bill does not increase government spending, since the funds will continue to come out of the Social Security Administration's existing administrative budget. By extending WIPA and PABSS for a year, we reaffirm our commitment to these important work support programs, while also acknowledging the need to consider policy and funding changes in the near future. For example, in 2008, the Social Security Administration made important regulatory changes to address the disappointingly low participation in the early years of the Ticket program. If those changes are successful, they will increase the number of people who are able to transition to work, but they may also increase the number of people who need help from WIPA and PABSS or change the kind of help they need. Funding for WIPA and PABSS has not grown since they were created in 1999. I urge your support for extending these important programs.

Mr. POMEROY

Mr. POMEROY. I thank the gentlelady for yielding. Madam Speaker, normally I don't come to the floor to add to a building naming that's flying through, but I want to put into the Record my thoughts about Bob Ball, one of the most remarkable people I have ever met. And there is no one I have met whose public sector contribution I admire more. Naming this building on the campus of Social Security, a building that has so much of the daily delivery of the Social Security benefit to the American people, having this building carry his name is just so utterly appropriate. Bob Ball, through his entire service, had a clear vision of Social Security. It comes down to simply this: If all of us protected each of us, the lives of tens of millions would be improved and our country would be stronger as a result. He was the most influential proponent of social insurance our country has ever had. He was a leading thinker, a gifted administrator, a skilled political operative, an irresistible advocate, an exceptional teacher, and I can tell you personally he was a very wise mentor. Of all of his remarkable abilities and traits, perhaps the one we will remember most was his dogged persistence. He stayed on task and made valuable contributions to Social Security through six decades of service. Bob knew what his mission was and he never wavered in pursuit of it. By the time he resigned as Administrator of Social Security, he had literally worked at the agency for 37 years. He was the longest tenured administrator serving under three different Presidents of two political parties. Now, when he retired after 37 years, you might think, well, there he goes riding off into the sunset, job well done. Well, Bob indicated another inclination. In fact, he wrote in his letter of resignation to President Nixon, ``I will continue to be available for whatever help I can give promoting the sound development and sound administration of this important program.'' As the preceding speaker said already, he served on the committee that ultimately worked the long-term solvency package for Social Security out in 1983, and he continued to work right until his final days--at the ripe age of 93--on advancing this notion of Social Security for the American people. There is nobody I can think of more deserving of the perpetuating honor memorializing his life and his work than Bob Ball, and I am just delighted with this resolution and urge Members' support.

Mr. POMEROY

Mr. POMEROY. Madam Speaker, I rise today to express my concerns with certain provisions of H.R. 5900, the Airline Safety and FAA Extension Act. While I strongly support the goals of the airline safety portions of the bill, I continue to have concerns regarding the practical effect of the provision requiring a minimum of 1,500 hours of training for an airline transport pilot certificate. As we work to improve the safety of airline service it is important that new training requirements have their desired effect of improving safety while avoiding any unintended consequences that may decrease the number of skilled pilots. Specifically it is my concern that students looking to get their pilots license could be forced by financial considerations to attend pilot training programs with an emphasis of meeting the flight hour requirements inexpensively by flying straight and level courses without mastering important safety skills. I support provisions that specify that certain academic training courses can be credited towards the total number of flight hours required by this Act. I believe that this language should be further improved through the normal legislative process to ensure that high- quality outcome orientated training programs are given more credit towards this requirement than other programs. While I will be voting in favor of this legislation in order to ensure that funding for Federal Aviation Administration, FAA programs that support aviation operations in North Dakota do not lapse, I believe it is important that new safety requirements are appropriately constructed to recognize the tremendous benefits that our nation's accredited flight schools provide.

Mr. POMEROY

Mr. POMEROY. Madam Speaker, I rise to introduce the Seniors Protection Act of 2010, H.R.5987. I am honored to be joined by many of my colleagues who have heard from senior citizens back home about the pressing need for Congress to provide this relief in light of the widely held expectation that there will be no increase in Social Security benefits for a second year in a row. The legislation would ensure that seniors, veterans and people with disabilities who receive Social Security and similar federal benefits receive a one-time $250 payment in the event that no cost-of-living-adjustment (COLA) is announced this fall. Seniors did not cause the near meltdown of the economy that occurred in the last days of the prior Administration, yet too many are still feeling the brunt of its fallout. This bill would help seniors across the country who face the likely possibility that on October 15th, the Social Security Administration will announce for the first time ever-- as a result of a long-standing statutory formula--that there will not be a COLA in Social Security benefits in back-to-back years. The failed economic policies of the prior Administration left the nation in such a deep recession that, for the first time since automatic COLAs began in 1975, recipients of Social Security, Supplemental Security Income, Veterans Administration Pension and Disability Compensation, and Railroad Retirement benefits did not receive a COLA in January of this year. Social Security benefit levels are quite modest--only $14,000 a year for the average retiree. Yet, the median income for senior households is a mere $24,000, reflecting just how much Social Security means to most elderly Americans. Six in ten seniors rely on Social Security for more than half of their income. About a third of retirees have little other than Social Security to live on. Although economy-wide measures of inflation have shown no net increase since the last COLA, which reflected price levels in the third quarter of 2008, Medicare premiums and health care costs have continued to rise. Moreover, seniors' other sources of income have weakened as a result of the economic downturn: the financial collapse reduced the value of their IRAs; interest rates are low, reducing income from seniors' savings; and the housing crash reduced seniors' home equity. The one-time $250 payment for retirees and other beneficiaries would represent less than two percent of the average annual Social Security benefit. Seniors who depend on their very modest Social Security benefits worry about meeting their basic day-to-day expenses. I have heard these concerns from seniors in my district and from Members of Congress who are hearing these same worries from their seniors. I am pleased those Members are joining me in introducing the Seniors Protection Act of 2010. Democrats are honoring America's commitment to protect the purchasing power of seniors' Social Security benefits. For 75 years, and through 13 recessions, Social Security has been a steady and reliable source of income--never a day late nor a dollar short. And since 1975, when Congress implemented automatic COLAs, recipients of Social Security have been able to maintain purchasing power over time. Social Security is often the only source of retirement income that is fully protected against the corrosive effects of inflation. This bill is responsive to seniors and responsible to taxpayers. My colleagues and I are committed to fiscal responsibility and will ensure that the Seniors Protection Act of 2010 shall not cause an increase in the federal deficit. When the bill comes to the House floor it will include the necessary offsets to comply with the PAYGO law. The legislation is supported by seniors. With regard to this legislation, our former colleague Barbara Kennelly, President of the National Committee to Protect Social Security and Medicare said: For the millions of seniors who rely upon Social Security as their only source of income, and millions more who rely upon it for at least half of their income, a one-time payment to make up for the lack of a COLA is not a luxury, it's a necessity. I applaud the Members of the Congress who understand that helping seniors maintain their purchasing power for necessities like health care, fuel and food, not only improves their quality of life but also helps the local economy. AARP Senior Vice President Drew Nannis offered the following statement: For over three decades, millions of Americans have counted on annual increases in their Social Security checks to help make ends meet. This year, 41 million older Americans did not receive a Social Security COLA, the first time since automatic Social Security adjustments went into effect in 1975. This relief will put money in the pockets of millions of older Americans struggling to make ends meet--money likely to be injected directly into our fragile economy. Edward F. Coyle, Executive Director of the Alliance for Retired Americans said: Seniors are struggling to get by. $250 may not seem like much on Wall Street, but to retirees on Main Street it could be what allows them to pay their electric bill or buy groceries. We must make sure Social Security meets today's basic needs. I urge my colleagues to stand up for seniors and support the Senior Protection Act of 2010.

Mr. POMEROY

Mr. POMEROY. Mr. Speaker, I rise today in opposition to the rule allowing for consideration of H.R. 3534, the Consolidated Land, Energy, and Aquatic Resources Act of 2010. Congress has a responsibility to take action to respond to the terrible tragedy in the Gulf region and work to ensure that such an event never happens again. However, in doing so, we must also be careful to only advance legislation that is narrowly focused on responding to the root causes of the Gulf Oil Spill. Unfortunately, that is not the case with H.R. 3534, which I believe is overreaching and will have negative effects on domestic onshore production and on independent oil producers' ability to continue operating offshore. Among my concerns is subjecting oil and gas wells to new and unnecessary Environmental Protection Agency, EPA, storm water discharge permitting requirements. A report from the Department of Energy has shown that should the storm water provisions pass, it could result in the loss of up to 10 percent of domestic oil and gas production. My colleagues, Congressman Harry Teague and Congressman Jason Altmire, offered amendment to this legislation in the Rules Committee to remove these problematic provisions. However, it was not made in order. I believe that the inclusion of this amendment would have improved this bill by helping to more limit its scope towards responding to the oil spill and not place new unnecessary burdens on onshore development. Without this amendment, and because of my concerns about the impact these provisions will have on North Dakota's growing energy sector, I am voting against this rule.

Mr. POMEROY

Mr. POMEROY. Madam Speaker, I rise to introduce the ``No Prisoner Access to Social Security Numbers Act of 2010.'' I am honored to be joined by the Ranking Member and other members of the Committee on Ways and Means as cosponsors of this needed legislation. The bill would protect the accuracy of Social Security records and help shield individuals from identity theft by prohibiting federal, state, and local governments from employing prisoners in any capacity that would allow inmates access to full or partial Social Security numbers (SSNs) of other individuals. Some prisons allow inmates to work while incarcerated, generally for the government or government contractors. In the course of their duties for these prison industries, some inmates perform duties such as data entry and digital scanning of documents, which allow them to view SSNs on student transcripts and employee wage statements for Federal, State or local governments. Such access raises the potential for crimes such as harassment or stalking, and SSN-related identity theft, which damages the integrity of Social Security records and puts individuals and businesses at risk for fraud. Identity theft remains the fastest growing type of fraud in the United States. In 2009 over 11 million Americans were reportedly victims of identity theft, an increase of about 12 percent from the number of cases in 2008. In addition, the Federal Trade Commission estimates that it costs consumers about $50 billion annually. Access to Social Security numbers provides criminals with a key that unlocks many other sources of private personal information that can be used to perpetrate identity theft. The Social Security system relies on accurate earnings records associated with an individual's SSN. When an SSN is used by more than one person, it affects the accuracy and integrity of the Social Security system. The Office of Inspector General (OIG) for the Social Security Administration (SSA) has investigated the use of prison inmates to process SSN information in several reports. In a 2006 report, the OIG found 13 states had allowed prison inmates to perform work that allowed them access to personally identifiable information, including SSNs. SSA responded by contacting the state governments and advising them of the dangers of this practice. In response, five states stopped this work. However, a more recent audit found that several states continue to allow prisoner access to SSN information. The states are Alabama, Arkansas, Kansas, Nebraska, Oklahoma, South Dakota, and Tennessee. Some of these states have adopted limited safeguards to keep prisoners from stealing the information, but the OIG's audit found these protections generally insufficient. SSA and the OIG agreed that legislation to ban on this practice altogether was warranted. The Committee's comprehensive SSN privacy bill (H.R. 3306) included a prohibition on prisoner access. That bill was reported out of the Committee on Ways and Means unanimously in the 110th Congress but has not advanced. Based on the findings in the Inspector General's report, however, Ranking Member Johnson and I agreed that the prohibition on prisoner access was needed immediately and therefore we have introduced it in its own bill, so that we may move to enact it as quickly as possible. I urge my colleagues to support this legislation, which will help shut down a dangerous and unnecessary threat to the privacy of Social Security numbers.

Mr. POMEROY

Mr. POMEROY. Mr. Speaker, I rise today in opposition to the rule allowing for consideration of House amendments to H.R. 4899, the Supplemental Appropriations Act. I believe that it is irresponsible of Congress to leave for the Fourth of July recess without sending the Senate-passed supplemental appropriations bill to the President's desk for signature. Insisting on inclusion of additional spending above the Senate-passed supplemental levels, with absolutely no assurances that the Senate is willing or even able to pass this additional spending will do nothing but delay vitally important emergency funding. Swift approval of the supplemental is needed not only for the war effort but also for areas of the United States, like North Dakota, who have been hit hard by disasters and desperately need Federal Emergency Management Agency (FEMA) disaster relief funding owed them. While I do not take issue with the additional offset spending that is being discussed, the current push to add it will result in Congress failing to enact a supplemental for several weeks, with the strong possibility of ending up right back where we began. I am submitting, as a part of my statement, a copy of an editorial that recently ran in the Bismarck Tribune titled ``Congress needs to meet its responsibilities''. Congress' inability to complete even its most basic business has the American people's patience running thin. The delay in passing a supplemental appropriations bill endangers our soldiers fighting overseas and is preventing critical aid from reaching those who have been hit with disasters here at home. We must act today to pass the Senate version of this bill and avoid further delays. [June 30, 2010] Congress Needs To Meet Its Responsibilities Mor-Gran-Sou Electric, crippled by the Good Friday snowstorm, qualified for financial disaster relief from the Federal Emergency Management Agency. The damage to Mor-Gran-Sou poles and lines was extensive and pricey, upwards of $30 million. The feds agreed to pick up 75 percent of the cost. That's what disaster relief programs are all about--financial help when a natural disaster levels an area. Except, the check isn't in the mail. When the feds, when anyone, says they are going to do a thing, they ought to do it--and do it in a timely fashion. There's no excuse for FEMA, and really Congress, holding up Mor-Gran-Sou. And the phrase ``holding up'' isn't just a metaphor. While waiting for FEMA, Mor-Gran-Sou has had to get a $30 million line of credit, which even at 2.5 percent interest could cost the co-op and its electric customers $1 million in interest over a year. The FEMA disaster funding was placed in the bill funding the war in Afghanistan and Iraq. One has nothing to do with the other. Lumping these funding efforts together is just another political tool--like the ``Christmas tree'' building bills in the North Dakota Legislature--for forcing lawmakers to vote in favor of something they do not want in exchange for something they need. A congressman might not want to fund the war in Afghanistan or Iraq, but if that congressman wants disaster relief, well . . . Congress has intentionally become a beast of complexity and burden, in this case. Legislation, rather than being a clean, well-written policy or law with a single given purpose, has become incomprehensible in language, sheer volume and related programming, regulating and funding. Yes, we live in a complex world and over simplification can be dangerous, but that's not justification for the present level of congressional chaos. Congress has legislated FEMA's obligation in a natural disaster. FEMA has deemed Mor-Gran-Sou's situation as qualified for help. Now Congress must follow through and provide funding to do what it said FEMA would do. In Washington, a million dollars in interest might not amount to much, but on the far end of a power line in western North Dakota, with 11,000 downed poles and 550 miles of tangled line, it's a very big deal. In people, follow-through of this kind, speaks to character. The same goes for Congress and its members. Our delegation needs to push hard to break this log jam. Will it?

Mr. POMEROY

Mr. POMEROY. Mr. Speaker, I rise today in support of H.R. 4899, the Supplemental Appropriations Act. While I am extremely disappointed that the House is not simply passing the Senate-passed version of this bill and clearing it for the President's signature, I will ultimately support this bill. It is my belief that voting against this bill even in its current form would send a terrible signal to our troops that we do not support their efforts and that is unacceptable to me. And, while I still believe this is the wrong vehicle for it, I am pleased that the domestic spending that is included in this legislation is offset and will not add to our deficit. We must act as soon as possible to get critical military and Federal Emergency Management Agency funding legislation to the President for his signature. Our troops in Iraq and Afghanistan and families across America who have been affected by disasters cannot afford anymore delays in funding.

Mr. POMEROY

Mr. POMEROY. Mr. Chairman, last week, former Congressman Arthur A. Link who served in the 92nd Congress passed away. One week earlier, he celebrated his 96th birthday and 71st wedding anniversary with his beloved wife, Grace. Mr. Link held elected office in North Dakota for 34 years, including the State legislature, in the Congress, and as Governor from 1973 to 1980. Not bad for someone with an 8th grade education who farmed and ranched in the sparsely populated northwestern part of our State. Art Link's importance to North Dakota is significant not just for his time in public office but for his 30 years of exemplary activity he and Grace spent after Governor, remaining deeply engaged in North Dakota activities. He is remembered for his rock-solid values of integrity, decency, humility, and a deep sense that we are passing stewards of the land whose responsibility is to make certain things are in good shape for those who follow. His philosophy is beautifully expressed in a short but unforgettable speech, ``When the Land is Quiet Again,'' and I will add to the Record this speech. I commend it to each of you, for the words have timeless relevance and seem especially pertinent given the events of these days. [Speech given October 11, 1973] When the Landscape Is Quiet Again (By Governor Arthur A. Link) We do not want to halt progress. We do not plan to be selfish and say ``North Dakota will not share its energy resource.'' No, we simply want to insure the most efficient and environmentally sound method of utilizing our precious coal and water resources for the benefit of the broadest number of people possible. And when we are through with that and the landscape is quiet again, when the draglines, the blasting rigs, the power shovels and the huge gondolas cease to rip and roar! And when the last bulldozer has pushed the last spoil pile into place, and the last patch of barren earth has been seeded to grass or grain, let those who follow and repopulate the land be able to say, our grandparents did their job well. The land is as good and, in some cases, better than before. Only if they can say this will we be worthy of the rich heritage of our land and its resources. I loved Art Link and can honestly say to each of you, this Chamber has never seen a more genuine, committed, and thoroughly decent Member. Mr. Chairman, I ask the House to observe a moment of silence in honor of former Congressman and Governor Arthur A. Link.

Mr. POMEROY

Mr. POMEROY. Mr. Chair, I rise in support of H.R. 5136, the National Defense Authorization Act (NDAA) for Fiscal Year 2011, though I have concerns about certain provisions that have been included in the bill. While I strongly support many aspects of the bill, I am concerned about the inclusion of language to overturn the military's ``Don't Ask, Don't Tell'' policy. Earlier this year, the Secretary of Defense ordered a study of the issue of repealing ``Don't Ask Don't Tell.'' He said that while he believes it should be repealed, he first wanted to gather input from the troops before moving forward with repeal. I agree with the approach of Secretary Gates. I also agree with our military's service chiefs, including Air Force Chief of Staff Gen. Norton Schwartz, who said we should complete the Secretary's review before passing legislation to repeal ``Don't Ask Don't Tell.'' I believe we should follow the lead of our military leaders. That means following the process we set up earlier this year to gather input from our troops and study the effect of repeal on our military forces. That is the best way to make sure our troops have their views heard, and that the right decision is made for the men and women in our armed forces. While I voted against the amendment to end the ``Don't Ask, Don't Tell'' policy, I will be voting in favor of final passage of the 2011 NDAA. I believe that it is vitally important that Congress enact its yearly Defense Department authorization bill in a timely matter. This legislation helps to set military policy and any delay in its enactment will have a negative effect on the department's ability to effectively and efficiently make decisions to execute that policy. This bill also includes an important pay increase for our soldiers, authorizes funding for badly needed equipment for our Guard and Reserve and includes my amendment to continue the Joint Family Support Assistance Program. Additionally, the bill authorizes important military construction projects in North Dakota including nearly $19 million to construct a new Air Traffic Control Complex at Minot Air Force Base, $11.2 million to renovate and expand the Readiness Center at Camp Grafton and $500,000 to begin planning and design of a Central Deployment Center at the Grand Forks Air Force Base. These programs must be authorized so that the DoD can put these important initiatives in place. My vote in favor of this bill is a vote to move the important process of authorizing the activities of the Defense Department forward in a timely manner and a vote in support of our soldiers.

Mr. POMEROY

Mr. POMEROY. I thank my friend, the chairman, for yielding. I rise in support of amendment No. 23, which reauthorizes the Joint Family Support Assistance Program. This program has been providing critical support to the unsung heroes of the global war on terror, the families left behind of deploying Guard and Reserve soldiers. As the Department of Defense stated in its report to Congress on the implementation of this program: ``The Guard and Reserve are experiencing significantly increased mobilizations as a result of the global war on terrorism, and families who have previously had limited exposure to the demands resulting from separations due to military deployments must now deal with the likelihood of longer and often multiple deployments to the servicemember.'' Issues like single parenting, keeping a house running through all kinds of weather conditions, traumatized children missing a parent, all of these issues have been dealt with through the scopes of these joint family support systems programs. They work by compiling a Military OneSource program, one location coordinating the many resources available within our local community in support of these families, a one-stop shop able to make certain there is coordination for military, Federal, State and local resources. For families on military bases who are deployed, it's very clear the support systems are there and what they are. For families of Guard and Reserve soldiers, especially spread across rural areas like North Dakota, it's less clear sometimes where the support can come from. I am so proud of the North Dakota National Guard and Reserve families that have stood in support of their deploying soldiers, and we've had a bunch of them--3,500 soldiers, 1,800 airmen on multiple deployments. We need to support their families, and I urge permanent authorization of this program. Mr. Chair, I rise today in support of the Pomeroy Amendment to permanently reauthorize the Joint Family Support Assistance Program, JFSAP. This program has been providing critical support to the unsung heroes of Global War on Terror families of deployed soldiers. Since its inception three years ago, the JFSAP program has been providing critical support to Guard and Reserve families, especially those families who do not live near military installations. Since the beginning of the wars in Iraq and Afghanistan the Guard and Reserve have seen a significant increase in deployments. Many of these service members and their families do not live near military installations and therefore do not have access to many of the family support functions available on those bases. As the Department of Defense stated in its initial report to Congress on the implementation of this program, ``The Guard and Reserve are experiencing significantly increased mobilization as a result of the Global War on Terrorism, and families who have previously had limited exposure to the demands resulting from separations due to military deployments, must now deal with the likelihood of longer and often multiple deployments of the service member.'' These families are now coping with the stress of separation from a loved one for up to a year, which can lead to many difficult issues. A spouse may now be faced with single parenting for the first time, children being separated from one or both of their parents may have a difficult time coping with that separation and when the service member returns home they sometimes have a difficult time readjusting to civilian life. Families located on or near a military installation have access to a wide range of programs to deal with these issues, which may not necessarily be the case for Guard and Reserve families spread across the country, especially in rural States like North Dakota. The Joint Family Support Assistance Program, JFSAP program works by compiling Military One Source programs into one location and coordinating those programs with resources that maybe available in the local community. By having a one stop shop that is able to help coordinate military, Federal, State, and local resources this program is able to provide families with comprehensive support for many of the issues that regularly arise due to the deployment of a loved one. Without a coordinated program families are faced with the requirement to seek this assistance out through a patchwork of entities increasing the possibility that they do not receive aid when they need it most. Once fully implemented the JFSAP in North Dakota will offer a Military OneSource Specialist to coordinate programs, a Financial Military Life Consultant, MFLC, to help families with financial issues, a Youth MFLC to help coordinate services for children, an Adult MFLC to assist with the needs of service members, spouses and other family members and an Operation Military Kids consultant to help set up programs and activities for the children of service members. The North Dakota National Guard has seen significant deployments since September 11, 2001 deploying more than 3,500 soldiers and over 1,800 Airmen, many of those individuals have been deployed multiple times. This program's continuation is vital to providing the services and support that those families deserve. The N.D. Nat'l Guard Families know there will be more deployments on the future which means the work of this program has that begun. This critical program was originally authorized in the 2007 National Defense Authorization Act for three years and it must now be reauthorized. My amendment would make this program permanent so that it can be allowed to continue to provide critical support for Guard and Reserve families. I believe that this amendment will have broad bipartisan support and I urge its passage.

Mr. POMEROY

Mr. POMEROY. Madam Speaker, I rise today in support of House Resolution 1382. The March 26 torpedo attack on the Cheonan represents one of the most horrific acts of aggression in the long and all too often fraught history of the Korean peninsula. As a longstanding friend of the Korean people, I condemn the attack and fully support the steps taken to bring this matter before the U.N. Security Council and President Lee Myung- bak's decision to cut trade ties with North Korea. The Republic of Korea is one of the United States strongest and most steadfast allies--and just as the Korean people have stood by us in our times of need--we will continue to stand shoulder to shoulder with our Korean friends during these trying times. Our shared history has closely united our two nations with respect to not only our security but also our fundamental values, principles, and ideals. I share a particularly strong personal bond with Korea as the father of two adopted Korean American children. To the families of the 46 sailors who died as a result of the attack, I offer my most heartfelt prayers. Your grief and loss is shared by millions of Americans whose thoughts are with you and your countrymen. This condemnable attack must be met with a strong response from the international community and existing U.N. Security Council sanctions should be fully enforced. I am proud to be a cosponsor of this resolution, and I know that the American people will continue to stand by and support the Republic of Korea. I call on my colleagues to demonstrate this support by voting to pass this resolution.

Mr. POMEROY

Mr. POMEROY. Madam Speaker, I rise today in support of H.R. 5139. I strongly support this needed legislation which extends the diplomatic protections granted under the International Organizations and Immunities Act (IOIA) to employees of the Office of the High Representative (OHR) in Bosnia and Herzegovina and the International Civilian Office (ICO) in Kosovo. The OHR and ICO have been critical institutions for fostering peace and stability in Bosnia and Kosovo, but due to their unique ad hoc structure, the employees of these institutions are at risk of litigation related to the carrying out of their official duties. This is unacceptable. Other similar institutions have been extended IOIA protections, and we must bring the OHR and ICO under the IOIA umbrella. Acting on this issue in a timely manner is especially important as neither the OHR nor ICO is intended to endure beyond a limited time frame necessary for the implementation of their mandate. The hard working men and women at the OHR and ICO have worked tirelessly, often at great personal sacrifice, to promote peace in the region. This is especially apparent with respect to their efforts to root out corruption and to freeze assets used by war criminals. Unfortunately, obstructionist political elements in the region have been all too vocal regarding their intent to take legal action against employees of the OHR and ICO. It is unacceptable that OHR and ICO employees could face potential lawsuits for their official actions carried out with the express purpose of furthering core United States foreign policy objectives. The bill before us takes the necessary step of bringing the OHR and ICO under the IOIA, and grants well deserved protections to those working to bring peace and stability to the countries of Bosnia and Kosovo. Please support this resolution.

Mr. POMEROY

Mr. POMEROY. Madam Speaker, I rise today to honor Dennis and Phyllis Enger of Portland, North Dakota. Over the past several years Dennis and Phyllis have dedicated a significant portion of their time honoring and giving back to our Nation's heroes. Dennis decided to take up woodworking in retirement; this led him to begin making walking sticks. Once he had a few sticks completed he decided to have Dan Stenvold, the President of the North Dakota Vietnam Veterans of America and the Mayor of Park River, to bring the completed sticks to Walter Reed to present to injured soldiers on one of his trips to Washington. This initial gift so touched the families of these soldiers that Dennis and Phyllis decided to continue making walking sticks for our returning soldiers. The dedication of the Engers to giving back to our soldiers is truly remarkable and deserves to be applauded. The care and attention to detail on each of these walking sticks is remarkable; Dennis and Phyllis travel around the state to pick up scrap wood and work for more than 20 hours on each one. Their efforts have been aided by the Boy Scouts in Portland and the North Dakota Vietnam Veterans who have provided help with funds and help sanding the rough walking sticks. These gifts to our wounded soldiers have deeply touched and are deeply appreciated by those that have received them. The work of individuals like Dennis and Phyllis Enger who work tirelessly and selflessly to honor our veterans is worthy of our highest respect. I stand today to honor their service and to give my thanks on behalf of the people of North Dakota.

Mr. POMEROY

Mr. POMEROY. Mr. Speaker, I rise to express my deep appreciation of the ministry of Father Daniel Coughlin, Chaplain of the House. His presence in this Chamber is comforting and supportive. His kindness and concern is evident to all who know him. Father Coughlin's prayers before this Chamber are relevant, beautiful and timeless. I have no doubt his words--captured in the Record as a permanent part of the history of the House--will be quoted long after all of us presently serving are gone. I was co-chairman of the bipartisan chaplain search committee commissioned by Speaker Dennis Hastert 10 years ago. Unfortunately, a process begun with the best of intentions by the Speaker and all participants, ended up in partisan acrimony and finger pointing with each party believing the other was motivated by intentions highly unworthy of the task at hand--finding a Chaplain for the House. God's hand must surely have guided Speaker Hastert as he jettisoned the failed selection process and--in consultation with church leaders in his home State of Illinois--picked Father Coughlin to serve as our Chaplain. Father Coughlin was a parish priest, and we are blessed he accepted the assignment of the U.S. House of Representatives to be his new parish. He has served us all in a pure ecumenical spirit. He has been a faithful friend, counselor and minister to us all. I feel privileged to know Father Coughlin and extend my deepest congratulations to him on the twin milestones of 50 years in the priesthood and 10 years as Chaplain of the House. God bless you, Father Coughlin. Thank you for your wonderful ministry.

Mr. POMEROY

Mr. POMEROY. I thank the chair for yielding. I have just come from the ongoing committee deliberations taking place now, and I apologize for not being here earlier. I am here to talk about the cell phone provision of this bill. I am pleased to work with my friend, Sam Johnson, on the other side of the aisle in addressing what really is an anachronism in the Tax Code. Maybe at the time this technology was just coming into being this made sense, but presently, to have exhaustive record keeping of every business-provided cell phone out there--especially given basically the unlimited minutes usage plans so common in the marketplace--makes no sense whatsoever. You know, the longest journey begins with a single step. We've got a long journey ahead of us in terms of simplifying the Tax Code in ways that make it much more sensible and clear, and I would like to think we can do a lot of this on a bipartisan basis. So let's take this step today on cell phones. Working together across the aisle, let's make this ridiculous requirement go away. Let's end the confusion at the IRS in terms of what they're supposed to do, trying to enforce a provision that is virtually unenforceable and ridiculous. Let's pass this bill, clarify the law, and use this as an example that even in this day and in this place we can work together to make sense of the Tax Code, and let's increase our ambitions from here.

Mr. POMEROY

Mr. POMEROY. Mr. Speaker, I rise today to express concern with certain provisions of H.R. 1586, the FAA Air Transportation Modernization and Safety Improvement Act of 2010. I am pleased that the Senate has taken action on the Federal Aviation Administration, FAA, reauthorization bill, and that we are a step closer to enacting meaningful legislation that will advance airline safety and improve pilot training. While I strongly support the goals of the bill, I continue to have concerns about the pilot training provision in H.R. 1586, the FAA Air Transportation Modernization and Safety Improvement Act of 2010. The pilot training provision requires an airline pilot to hold an Airline Transport Pilot, ATP, certificate, which necessitates a minimum of 1,500 flight hours. The new focus on total flight hours rather than the quality of those hours will not provide the increased safety and pilot quality that is the goal of this legislation. It could in practice have the opposite effect, by driving students to undertake low value flying at the expense of high quality directed flight training. By dramatically increasing the costs of training we will drive our most qualified potential pilots out of accredited flight schools such as the John D. Odegard School of Aerospace Sciences at the University of North Dakota that have produced exceptional pilots for decades. Graduates of these programs receive high quality flight instruction that is much more valuable than a pilot who might just be racking up straight and level flight time that has no increased educational or safety benefits. I am concerned that these increased costs could encourage pilots to seek less costly training alternatives and potentially be counter to the bill's intended goal of increasing safety. I believe that as this legislation moves forward some consideration must be given to Collegiate Aviation Programs that have been accredited by the Aviation Accreditation Board International, AABI. This will help to increase the focus of these requirements on quality of training rather than quantity of flight hours. While I will be voting in favor of this legislation in order to move forward the important process of increasing the safety of commercial aviation, I do so with reservations. Before this legislation becomes law I believe that it is important that the bill be modified to recognize the tremendous benefits that our nation's accredited flight schools provide.

Mr. POMEROY

Mr. POMEROY. Madam Speaker, helping North Dakota business create jobs is my top priority and today, Madam Speaker, Congress takes another step forward with a sharp focus on small businesses. Small businesses are a proven engine of job creation. During the last economic expansion, companies with less than 20 employees accounted for 40 percent of the job growth while accounting for only 25 percent of all jobs. One of the lingering difficulties of this recession is that many small businesses have limited access to the capital they need to operate, grow, and create new jobs. By providing small business tax relief, Congress can free up money and help small businesses feel they can afford to hire new employees and make investments that will build demand for goods and services. In rural America, small business is business. For example, nearly 80 percent of North Dakotans are employed by companies with less than 500 employees and nearly 60 percent work for companies with less than 100 employees. These small businesses are the companies on our small town Main Streets. Across numerous towns in North Dakota, ambitious business persons are finding opportunities to start up business, and the ranks of these new businesses are growing. A recent article in the Dickinson Press, reported that a number of small, North Dakota towns are seeing several new businesses starting up during the year. I ask permission to enter the article into the Record. The Small Business and Infrastructure Jobs Act, H.R. 4849, will help new start-up businesses like KZ Photography, a company launched by Kim Zachmann last August. The bill would allow her to deduct from income, up to $20,000 in expenses she might have incurred to set up her photography studio and get her business up and running in the town of Beach, North Dakota. Without the bill before us today, her deduction from income for those start up costs would be limited to only $5,000. The 100 percent exclusion from tax of gains on small business stock and the change to enable Small Business Investment Companies to deduct the investment losses would expand the access to capital for small business across the country. While the Internal Revenue Service must act to stop abusive tax shelters, Congress today will vote to eliminate a disproportionate effect that some tax penalties have on small businesses. We have heard from individuals facing outlandish penalties. Under the bill, the tax penalty for failing to disclose on their taxes reportable transactions would be brought into proportion with the underlying tax savings for small businesses and not put the small business owner out of business. These are provisions that have bipartisan support and will make a difference and spur job creation among small businesses. My colleague across the aisle, Jerry Moran from Kansas, agreed that these provisions were needed to help small business and we introduced the ``Small Business Jobs and Tax Relief Act.'' I thank Chairman Levin for including small business tax incentives and relief that I authored the bill we are considering today. I also appreciate that we will also extend the highly successful Build America Bond program so that payments for the bonds to state and local governments would last through 2013. When I held a roundtable with small businesses in Fargo, North Dakota, sharp and savvy business owners told me that Recovery Act funding is making a big difference and that they were vying with new national competitors. So, I urge my colleagues to pass the extension and expansion of the successful Build America Bonds, which have made it cheaper for state and local governments to finance the rebuilding of schools, sewers, hospitals and transit projects. Communities like West Fargo and Rugby have used these bonds to launch projects and the bill also opens this funding opportunity to tribal governments for funding of water and sewer infrastructure improvements. The Small Business and Infrastructure Jobs Act is good for North Dakota small businesses. I urge my colleagues to vote ``yes'' on H.R. 4849. Number of Businesses Growing in Area Towns--Officials: Younger People Moving in (By Beth Wischmeyer) The number of businesses starting or being taken over by new owners is growing, officials in the communities of Bowman and Beach said Thursday. Deb Walworth, executive director of Prairie West Development Foundation in Beach, said eight new businesses started in 2009, many of which were started by people in their 20s and 30s. ``We're seeing more young people,'' Walworth said. ``I think this is just the tip of the iceberg, it's just beginning.'' In 2008, Walworth said there were three new businesses that started. Since 2004, Sentinel Butte has had three new businesses and the community of Golva has had two new businesses and one existing business come under new ownership, she said. ``These are really small communities that are seeing positive growth,'' Walworth said. Ashley Alderson, executive director of the Bowman Economic Development Corp., said there have been about 10 new business counsels last year, some that have started, some that are starting and others that will open in the future. ``We've had quite a bit of new interest lately,'' Alderson said. ``We've noticed it's been a really busy year for small business.'' Alderson said she's been with the corporation for about two years, and said the past year was busier than her first year with new businesses. The Beach area is seeing people moving back of all ages, Walworth said. ``I'm just really excited about the young families that are moving back, because if they don't have kids now, I think they plan to have families in the future,'' Walworth said. ``We're also seeing the result of that coming through the schools, with kids coming through kindergarten and first grade there. That's a benefit to the school system too.'' Kim Zachmann, who owns the photography business KZ Photography in Beach, said while photography has been an interest and a hobby for a number of years, she started pursuing it as a business last August. Zachmann, who grew up in the Beach area, said she purchased a studio recently in town and now does photography full time. ``We haven't had a photographer here (in Beach) since about '03, so I knew there wasn't anyone in the Beach surrounding area, the closest one would be Dickinson, so I knew Beach could benefit from one,'' Zachmann said. ``Beach is really good about supporting local businesses. I like the Beach area. I would like to live here the rest of my life if it was possible with a job and family and stuff like that.'' Ed Gold, executive director of the Adams County Development Corporation, was out of the office Friday. Walworth thinks the Beach area is a ``good place to raise a family,'' a draw to many young families, she added. ``The cost of living isn't as much as it is in some of the larger places,'' Walworth said. ``These people are coming from Las Vegas and the West Coast. They graduated from school here; one or the other of them, or both; and I think they're going for the safer communities to raise their family.''

Mr. POMEROY

Mr. POMEROY. Mr. Speaker, I rise today in strong support of H. Res. 415, a bill that ensures that the Federal Emergency Management Agency (FEMA) can continue its work helping communities recover from recent disasters and to ensure that they have resources to respond to future disasters. Like many of my colleagues, I was alarmed by FEMA's recent announcement that the Federal Emergency Management Agency's (FEMA) Disaster Relief Fund is running out of money. As you know, my own State of North Dakota experienced record flooding last year and many local governments have still not fully recovered. In addition, leaders in my State have once again been in the trench battling spring flooding this year. The Disaster Relief Fund (DRF) is used in part to reimburse States and local governments in places like North Dakota for damages suffered during these kinds of disaster. The Disaster Relief Fund is currently faced with a shortfall and as a result, FEMA has issued an order whereby funds cannot be used for the Hazard Mitigation Grant Program, and certain kinds of public assistance, until the Fund is replenished. As a result of this unnecessary delay, many North Dakota communities have been forced to hold off with initiatives like home buyouts and road repairs that help the State recover from last year's flooding and better prepare for flooding this spring. This is unacceptable, which is why I have been working with the House Appropriations Committee to appropriate the $5.1 billion in supplement funding that is needed for this vital relief program. With the funding that will be enacted under this bill, North Dakota communities will be able to continue to recover from the floods in 2009 as well as prepare for future disasters. This is an important bill and I encourage my colleagues to strongly support H.R. 4899.

Mr. POMEROY

Mr. POMEROY. Mr. Speaker, I rise in support of H.R. 4691, Temporary Extensions Act of 2010, which temporarily extends a number of important expiring provisions to assist workers hit hard by the economy as well as averts the impending cuts under Medicare for physician services. These are important policies that we should not let lapse. However, there are also a number of critical rural health payment adjustments under Medicare that expired last year which are not included in this package. These payment adjustments were created under the Medicare Modernization Act to correct flaws in Medicare payments and have made a tremendous difference to rural hospitals, physicians, ambulances, and laboratories and the seniors they serve. Congress has a long record of extending these important rural health care provisions. Most recently the House found it appropriate to include extensions of these critical rural health care provisions in legislation passed last year. These provisions have not yet been signed into law and I am deeply concerned that failing to extend these important policies could impact the ability of rural providers to continue delivering much-needed care to our seniors. A lapse in these provisions, even temporarily, has created a great level of instability for our affected providers and the patients that they serve. That is why 69 bipartisan members of the bipartisan Rural Health Care Coalition have joined me in urging leadership to extend these important policies. A copy of this letter will follow my remarks. I am committed to retroactively extending these important provisions which help preserve access to quality health care services in rural America and will fight to ensure that they are addressed. Congress of the United States, Washington, DC, February 24, 2010. Speaker Nancy Pelosi, House of Representatives, Washington, DC. Chairman Charles B. Rangel, House Committee on Ways and Means, Washington, DC. Chairman Henry A. Waxman, House Committee on Energy and Commerce, Washington, DC. Minority Leader John A. Boehner, House of Representatives, Washington, DC. Ranking Member Dave Camp, House Committee on Ways and Means, Washington, DC. Ranking Member Joe Barton, House Committee on Energy and Commerce, Washington, DC. Dear Speaker Pelosi, Minority Leader Boehner, Chairman Rangel, Ranking Member Camp, Chairman Waxman, and Ranking Member Barton: As members of the House Rural Health Care Coalition, we are writing on behalf of our rural health care providers and the patients that they serve to urge Congress to retroactively extend critical rural health payment adjustments under Medicare that recently expired. These rural support payments help preserve access to quality health care services in rural America and failing to swiftly extend them could impact the ability to continue delivering much-needed care to our constituents. The Medicare Modernization Act (MMA) made important corrections to flaws in Medicare payments that have made a tremendous difference to the hospitals, doctors, nurses and other providers in our states and throughout rural America. Congress has a long record of extending these important rural health care provisions. Most recently, the House found it appropriate to include extensions of many of these critical rural health care provisions in legislation it passed last year. However, these provisions have not yet been signed into law. Therefore, we ask for your continued support to improve rural health care by including in legislation Congress may consider in the coming weeks an extension of the critical rural health provisions described below: Rural Hospitals: Our rural hospitals provide essential inpatient, outpatient and post-acute care to nearly 9 million Medicare beneficiaries. We support an extension of the geographical wage index reclassifications for the more than 100 ``Section 508 Hospitals,'' in order to continue to providing greater wage parity within a state in order to address increasingly competitively labor markets. In addition, it is critical that Congress ensures that small rural hospitals continue to be reimbursed for their costs for their laboratory services and preserves outpatient hold harmless payments for sole community and small rural hospitals. We also support an extension of direct billing under Medicare for certain grandfathered labs for the technical component of pathology services provided to certain rural hospitals. Lastly, we support extending the recently expired Rural Community Hospital Demonstration project, which tests the feasibility and advisability for reasonable cost reimbursement for small rural hospitals. Rural Doctors and Practitioners: Only ten percent of physicians practice in rural America even though more than a quarter of the population lives in these areas. In order to help recruit and retain physicians where they are needed most, it is imperative that we continue to maintain the 1.0 floor on the physician work geographic practice cost index (GPCI). Rural Ambulance: In providing critical emergency health care to patients, it costs rural ambulance service providers more per transport than their urban counterparts because of the greater distances rural providers travel and their lower transport volume. In fact, many of our rural ambulance service providers are staffed primarily by volunteers to stay afloat. That is why it is necessary to ensure that rural ambulance providers continue to receive an additional 3 percent in Medicare reimbursement, and for super rural ambulance service providers to continue to receive 22.6 percent to their base rate which helps cover the costs of serving patients located in these extremely rural areas. These rural equity policy provisions are critical to the ability of our rural health care providers to continue to provide quality care to rural Americans. A lapse in these provisions, even temporarily, has created a great level of instability for our affected providers and the patients that they serve. We urge your continued leadership in championing these important rural issues. Sincerely, Earl Pomeroy, Co-Chair, Rural Health Care Coalition, Greg Walden, Chet Edwards, Rick Boucher, Dennis Moore, Michael H. Michaud, Timothy Walz, Leonard L. Boswell, Cathy McMorris Rodgers, David Loebsack, Bruce Braley, Jim Marshall, Kathleen A. Dahlkemper, Brett Guthrie, Don Young, Scott Murphy, Carolyn Kilpatrick, Carol Shea-Porter, John Boozman, Ben Chandler, Michael Arcuri, Ron Paul, Frank Kratovil, Kevin Brady, Heath Shuler, Phil Hare, Charlie Melancon, Marion Berry, Jim Matheson, Mike Ross, Jo Ann Emerson, Shelley Moore Capito, Ruben Hinojosa, Michael K. Simpson, Gene Taylor. Jerry Moran, Co-chair, Rural Health Care Coalition, James L. Oberstar, Chaka Fattah, Peter Welch, Raul M. Grijalva, Ron Kind, Bill Foster, Eric Massa, Dennis Cardoza, Blaine Luetkemeyer, Bob Etheridge, Adrian Smith, Brad Ellsworth, Larry Kissell, Donald A. Manzullo, John W. Olver, Sam Graves, Gabrielle Giffords, Deborah L. Halvorson, Rick Larsen, Charles A. Wilson, John Barrow, Rodney Alexander, Stephanie Herseth Sandlin, John Salazar, Christopher P. Carney, Lincoln Davis, Harold Rogers, Sanford D. Bishop, Jr., Mike McIntyre, Todd Tiahrt, Bill Delahunt, Nick J. Rahall II, Ike Skelton, Bart Stupak.

Mr. POMEROY

Mr. POMEROY. I thank the chairman for yielding for the purpose of a colloquy. I would like to thank Chairman Conyers, Congressman Tom Perriello of Virginia, Congresswoman Betsy Markey of Colorado, and others for their leadership in bringing to the floor this important bill aimed at creating greater competition in the health insurance marketplace in order to promote greater affordability, improve quality, and greater consumer choice. In particular, I appreciate that the bill is narrowly tailored to repeal the McCarran-Ferguson antitrust exemption only for the business of health insurance. But despite the clear wording of the bill, I have heard concerns from some that courts might somehow interpret the bill broadly to include nonhealth lines of insurance such as life insurance, long-term care insurance, disability income insurance, even property/ casualty insurance. As one of only two former State insurance commissioners in the U.S. House of Representatives, I know health insurance is different than these other insurance lines. I would appreciate, Mr. Chairman, your confirmation of my understanding that the bill we are now debating does not apply to any insurance except for health insurance, and your expectation that courts will interpret it properly to not include nonhealth lines of insurance. Is the gentleman's understanding of my expectation correct?

Mr. POMEROY. I yield to the chairman.

Mr. POMEROY. I thank the chairman. Reclaiming the time, I believe the chairman's words are very clear and will make a very clear part of the legislative record on this bill.

Mr. POMEROY

Mr. POMEROY. I thank the gentleman for yielding and commend him so much for the leadership he has shown on budget matters. Receiving fiscal lectures from this crowd is a little bit like getting investment advice from Bernie Madoff. You know, when George Bush took the Presidency, the debt was $5.6 trillion. And under majorities in the House and Senate, with a Republican President, the debt doubled. Part of the reason is the expiration of pay-as-you-go budgeting principles. Don't take my word for it. The record is clear. When we adhered, on a bipartisan basis, with the Bush I agreement, the budget '97 agreement, and the Democrat-passed '93 agreement to pay- as- you-go, we set the path towards surplus. When pay-as-you-go expired, Katy bar the door, and the deficits exploded. Now, as we get our hands around this fiscal situation, my friend Mr. Ryan is in part right when he says that this is not a full measured response. You know, we have got a long journey. We have got to begin with a solid step. Restoring pay-as-you-go budget principles is that step.