E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, WEDNESDAY, FEBRUARY 24, 2010 No. 24 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform HEALTH CARE SUMMIT the duties of the Chair. called to order by the Honorable TOM Mr. MCCONNELL. Mr. President, ear- UDALL, a Senator from the State of ROBERT C. BYRD, President pro tempore. lier this week, the White House un- New Mexico. veiled its latest iteration of the Demo- Mr. UDALL of New Mexico thereupon crat plan for health care reform, and, assumed the chair as Acting President PRAYER to put it quite simply, it was a major pro tempore. The Chaplain, Dr. Barry C. Black, of- disappointment. fered the following prayer: f It was our hope that when the admin- Let us pray. RECOGNITION OF THE MAJORITY istration called for a health care sum- O Lord our God, in whom we trust, LEADER mit at the White House, it would be an put Your hands upon the Members of The ACTING PRESIDENT pro tem- opportunity for both sides to come to- this body to guide and strengthen pore. The majority leader is recog- gether and start over. Now it is per- them. Bless them in moments of stress nized. fectly clear the administration had and tension, renewing their strength so something else in mind entirely. that they mount up on wings like ea- f The plan we saw Monday is hardly a gles. Lord, give them the moral and SCHEDULE starting off point for a bipartisan dis- spiritual stamina to do what is right as Mr. REID. Mr. President, following cussion on commonsense reforms. It is You give them the life to understand leader remarks, the time until 9:55 will really just more of the same: a massive Your will. May they fulfill their high be equally divided and controlled be- government scheme with all the flaws calling to serve You and this Nation tween the two leaders or their des- of the previous proposals that the and exemplify to all the oneness of a ignees. At 9:55, the Senate will proceed American people have already seen and shared commitment. Make their lives to a series of up to two rollcall votes. rejected. Changing the name and in- an expression of Your truth, righteous- The first vote will be on the motion to creasing the cost is not what Ameri- ness and justice. waive the applicable budget points of cans have been asking for, and it is cer- We pray in Your strong Name. Amen. order with respect to the Reid amend- tainly not reform. ment No. 3310. To make matters worse, even as law- f If the points of order are waived, we makers head down to the White House for this health care summit tomorrow, PLEDGE OF ALLEGIANCE will immediately proceed to vote on the motion to concur in the House Democrats on Capitol Hill are working The Honorable TOM UDALL led the amendment to the Senate amendment behind the scenes on a plan aimed at Pledge of Allegiance, as follows: to the bill, H.R. 2947, with the Reid sub- jamming this massive health spending I pledge allegiance to the Flag of the stitute amendment. bill through Congress against the clear United States of America, and to the Repub- Following the votes, the Senate will wishes of an unsuspecting public. What lic for which it stands, one nation under God, proceed to a period of morning busi- they have in mind is a last ditch legis- indivisible, with liberty and justice for all. ness, with Senators permitted to speak lative sleight of hand called reconcili- f for up to 10 minutes each. ation that would enable them to im- It is my hope we are able to reach an pose government-run health care for APPOINTMENT OF ACTING agreement to pass the short-term tax all on the American people, whether PRESIDENT PRO TEMPORE extenders legislation today. The next Americans want it or not. And we The PRESIDING OFFICER. The item of business will be the bipartisan know that Americans do not, in fact, clerk will please read a communication travel promotion legislation. want it. Americans have seen these proposals to the Senate from the President pro Following the remarks of the Sen- before. They do not want them. So this tempore (Mr. BYRD). ator from Kentucky, I would yield 4 is the height of legislative arrogance. The assistant legislative clerk read minutes to the Senator from New If you did not like the Cornhusker the following letter: York, Mr. SCHUMER. f Kickback, get ready. This is the U.S. SENATE, Cornhusker Kickback on steroids. PRESIDENT PRO TEMPORE, RECOGNITION OF THE MINORITY In light of all these behind the scenes Washington, DC, February 24, 2010. LEADER To the Senate: efforts to get around the will of the Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- people, it is hard to imagine what the of the Standing Rules of the Senate, I hereby pore. The Republican leader is recog- purpose of Thursday’s summit is. If the appoint the Honorable TOM UDALL, a Senator nized. White House wants real bipartisanship,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S718 CONGRESSIONAL RECORD — SENATE February 24, 2010 then it needs to drop the proposal it joined us in moving the bill forward. I it into the creation of jobs. Let me ex- posted Monday, which is no different in am very hopeful there will be a large plain. In the last quarter, there was its essentials than anything we have number of those from the other side of economic growth, 5.7 percent, but hard- seen before, and start over. And they the aisle who will join in this bipar- ly a job was created. You cannot sus- need to take this last-ditch reconcili- tisan measure that will show the tain an economy and get an economy ation effort off the table once and for American people that, at least when it moving upward unless jobs are created. all. comes to jobs, we can—and must for But the growth gives us an oppor- Then we can work on the kind of re- their good—work together. tunity—not every employer but a sig- form Americans really want, step by First, let me discuss the proposal, nificant number of employers are get- step proposals that will actually get at the part of the proposal authored by ting new orders. They are thinking to the problem, which is cost. That is Senator HATCH and myself. It is very themselves: Should I hire that new what the American people have been simple. It is a holiday from the payroll worker or should I just extend over- asking us to do for a year. If ever there tax for any employer that hires a time or cut back somewhere else? were a time for the administration to worker who has been out of work for 60 This job provision, a payroll tax holi- show it is listening, it is now. Reform days. day, says to the employer—to some, is too important. We cannot let this Let me discuss why I think it will not all but to many—I am going to opportunity pass. work. First, it is immediate. Most busi- take that gamble and hire that worker and hire them now so it will help jump- f nesses, particularly small businesses, if you tell them they will get some kind start our economy. It will work for RESERVATION OF LEADER TIME of tax credit if they hire someone, but businesses, not those that see declining The ACTING PRESIDENT pro tem- they will get that credit a year from sales or flat sales but those that are be- pore. Under the previous order, the April, are not very interested. This oc- ginning to see sales go up and will leadership time is reserved. curs immediately, the minute the translate those increased sales into in- creased jobs, which will then, hope- f worker is hired. Second, it is simple. Again, you tell a fully, create the virtuous cycle of more COMMERCE, JUSTICE, SCIENCE, businessperson, particularly a small jobs, more money in the economy, AND RELATED AGENCIES APPRO- businessperson, they have to fill out 30 more jobs still, more money in the PRIATIONS ACT, 2010 pages, maybe hire an accountant to get economy still, and we can get out of The ACTING PRESIDENT pro tem- a tax credit for a new worker, that is this awful recession. pore. Under the previous order, the not life. They are going to tell you to In conclusion, I wish to save enough time for my friend from New Hamp- Senate will resume consideration of forget it. shire. I traveled around my State this the House message with respect to H.R. But here all the new employee has to last Presidents week break. In every 2847, which the clerk will report. show is that he or she was out of work corner of my State, I sat with the un- The assistant legislative clerk read for 60 days. It is very easy to show 60 employed. It was heartbreaking. Think as follows: days of unemployment compensation, of those people and those faces, what A House message to accompany H.R. 2847, and it immediately takes effect. Third, it goes right to small business. they had to say late at night. an Act making appropriations for the De- A woman from Rochester had worked partments of Commerce and Justice and So this is not a large government pro- for 20 years for Xerox, lost her position Science, and Related Agencies for the Fiscal gram. The money goes right to small in human services up in Rochester. She Year ending September 30, 2010, and for other business and is cost effective, which is has been looking for 2 years, close to 2 purposes. the fourth point. If 3 million people are Pending: years, for a job. She made a very good hired by this tax credit, it will cost $15 salary. She did not have a family. Her Reid amendment No. 3310 (to the House billion. That is a lot of money. But job was her life. She has turned things amendment to the Senate amendment), in compared to the stimulus of $880 bil- the nature of a substitute. inside out to try and find comparable lion, it is much smaller. The money is work. She cannot. Reid amendment No. 3311 (to amendment cost effective. It goes right to where it No. 3310), to change the enactment date. I met a man who was a blue-collar should. worker. He had risen to the top of his The ACTING PRESIDENT pro tem- Finally, my last point is, it is bipar- craft, tool and die. He thought he had pore. Under the previous order, the tisan. The country is asking us to come a great life—worked hard, had six chil- time until 9:55 will be equally divided and work together. Obviously, there dren, a good marriage. A year ago he and controlled between the two leaders are diverse views, both within the par- lost his job and is still paying the or their designees. ties and certainly between the parties. mortgage. His wife cannot work to sup- Mr. GREGG. I ask unanimous con- But that does not mean, on areas that port him because of the six kids, one of sent that upon the completion of the are getting close to emergencies, we whom was 2 years old, as I recall. remarks from the Senator from New cannot work together. What is he going to do? You meet York, I be recognized. This proposal, let it be the start. But people like this again and again. Young Mr. SCHUMER. Mr. President, the let this proposal be the start of a com- college students get out of college, time will be equally divided, I pre- ing together on issues we can agree on. bright-eyed and bushy-tailed, and can- sume? There are some job proposals my col- not find work. How disillusioning at Mr. GREGG. Yes. leagues on this side of the aisle would the beginning of their career. The ACTING PRESIDENT pro tem- support and my colleagues on the other So we have an imperative to do some- pore. Without objection, it is so or- side would not and vice versa. There thing. We have an imperative not to dered. are some they would support and we say: It has to be my way or no way. We The Senator from New York is recog- would not. have to put those people back to work. nized. But there are a large number we can That is what Senator HATCH and I at- Mr. SCHUMER. Mr. President, on a all agree on. We ought to endeavor to tempted to do with our proposal. To more bipartisan note than the speech do them because what the American our leader, I wish to pay him a tremen- from the minority leader, we are now people want is not us just talking at dous tribute. He was focused on getting moving toward some legislation that one another and accomplishing nothing this done. He took brickbats left and has two bits of good news for the Amer- but us getting something done. right. But the ultimate wisdom of what ican people; one, it will help create Finally, going back to the merits of he did is now being seen as we move jobs and employ those who have been this proposal, it should not be sold as a this bill on the floor today. out of work for too long a time; second, panacea. This is not a magic wand that Hopefully, it will go through the it is bipartisan. For the first time in a is going to be waved and all our job- House and be on the President’s desk long time, we have a bill that is sup- lessness will decline. shortly. I thank Senator HATCH and all ported by both Democrats and Repub- But what it does do is harness the my colleagues who, hopefully, in a few licans. I would like to salute the five economic growth we have seen in the minutes, will come together in a bipar- Republicans from the other side who last quarter, 5.7 percent, and translates tisan way and tell the workers who are

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S719 unemployed: Yes, there is some hope. If this bill is passed, there will be $140 cits and debt just in the context of Tell the voters from Massachusetts: billion in new debt put on our kids’ what other industrialized nations do— Yes, we have heard you. We are focus- backs as a result of this alleged small for example, the European Union—they ing on jobs. number. I forgot what the number is don’t allow their states to exceed defi- I yield the floor. they claim is actually in the bill. How cits of 3 percent or a public debt to The ACTING PRESIDENT pro tem- does that happen? This bit of games- GDP ratio of 60 percent. The way this pore. The Senator from New Hampshire manship ought to be explained because works out, we are going to run deficits is recognized. it keeps being undertaken by the high- of about 5 percent every year for the Mr. GREGG. Mr. President, I believe way committee in the most egregious next 10 years, we will have a public the first obligation of a government— way relative to proper fiscal manage- debt situation of well over 60 percent or one of the obligations, especially of ment. In fact, if this were done in an next year, and we will get to 80 percent Congress—is to live by its own words accounting cycle that was subject to before the next 10 years are up. Those and live by its own rules. With great accounting rules, the people who claim are numbers which lead to one conclu- fanfare a couple weeks ago, the Demo- this sort of sleight of hand would go to sion—that we are in deep trouble. We cratic leadership and its membership jail. It is that simple. They would go to are in deep, deep trouble. Yet we come passed a pay-go piece of legislation jail because this is such a fraud on the here today with a bill which aggravates which says that when you bring spend- American taxpayer. that situation relative to the pay-go ing legislation to the floor, it should be What they are claiming is that the rules by $12 billion and relative to the paid for. There was great breast-beat- highway fund, on which they have com- highway fund by $140 billion. ing on the other side of the aisle about mitted to spend much more money Mr. INHOFE. Mr. President, I have a how this would discipline the govern- than is coming in, and they knew they unanimous consent request. ment and make us fiscally responsible. would spend more money than was The ACTING PRESIDENT pro tem- Now we see, as the first piece of legis- coming in because they wanted to pore. The Senator from New Hampshire lation to come forward since the pay- spend more money than was coming in, has the floor. go resolution passed, a bill which vio- what they are claiming is that highway Mr. GREGG. I will yield for the pur- lates that pay-go resolution. This bill fund lent the general fund money 10 pose of a unanimous consent request. spends $12 billion that is not paid for years ago and that money should have Mr. INHOFE. I ask unanimous con- under the pay-go rules over the next 5 had interest paid on it. Of course, at sent that at the conclusion of the re- years. It is in violation of the concepts marks of the Senator from New Hamp- the time, they actually waived the in- and the rules which were put forward shire, I be recognized for up to 3 min- terest, assuming interest should have by the other side as the way we would utes. been paid on that. That interest has discipline spending. The ACTING PRESIDENT pro tem- I understand—and I think most of us been recouped a couple of times now, pore. Is there objection? Without objec- understand—the issue of the economy allegedly, even if it were owed. But tion, it is so ordered. is critical, getting people back to work what they claim is that because the Mr. GREGG. What we have before us is critical, but I don’t think we get peo- money is coming out of the general today is a bill which, first, violates the ple back to work by loading more and fund to fund the highway fund, they pay-go rules which we just passed a more debt onto the next generation. are calling that an offset so it won’t couple of weeks ago to the tune of $12 Probably we create an atmosphere score. billion and, second, puts in place a where folks who are willing to go out Unfortunately, under the present glidepath, which should be called a and invest and create jobs are a little rules with which we budget around nosedive, toward $140 billion of new reticent to do so because they don’t here, it doesn’t score because it is built debt being put on the backs of our chil- know how all that debt the Federal into the baseline. It adds up to $140 bil- dren, with the alleged justification Government is putting on the books lion over the next 10 years, approxi- that it is offset when, in fact, the offset will be paid for. I presume that is one mately, that is going to come out of is superficial, Pyrrhic, and non- of the reasons the pay-go legislation the general fund to fund the highway existent. was brought forward a couple of weeks fund because the people who run the The ACTING PRESIDENT pro tem- ago, to try to give some certainty to highway fund don’t have the courage to pore. The time of the Senator has ex- the markets and to the American peo- fund what they want to spend. So they pired. ple who were upset with all the deficit are going to take it out of the general Mr. GREGG. We can not keep doing and debt, that we would discipline our- fund. Where does the general fund get this. We cannot keep doing this to our selves. its money? It borrows it from our chil- children. We cannot keep coming out Now the first bill that comes forward dren and grandchildren. It runs up here and claiming we are being fiscally violates the rules of the Senate by add- debt. That is why, under any scenario, disciplined when we are doing just the ing $12 billion of spending which is not no matter what gamesmanship you opposite: spending money we don’t paid for, which will be deficit spending, play around here on naming this event, have and passing the bill on to our and which will be added to the debt. I it turns out to be the same thing: debt kids. am not sure how you vote for this bill added to our children’s burden. The ACTING PRESIDENT pro tem- when it violates that rule which you Our children already have a fair pore. The Senator from Oklahoma. just voted for 2 weeks ago. It seems a amount of debt coming at them as a re- Mr. INHOFE. Mr. President, when bit of inconsistency that is hard even sult of this Congress’s profligacy. the Senator from New Hampshire talks for a political institution to justify. Under the President’s budget, the def- about what we can and can’t do to our On top of that, this bill has massive icit will double in the next 5 years and children, I remind my fellow Senators, gamesmanship in the outyears. It is a triple in the next 10 years. We will add I happen to be blessed with 20 kids and bill of $15 to $18 billion in spending, but $11 trillion of new debt to the backs of grandkids. I am probably more con- actually, because of the games played our children over the next 10 years cerned than anyone else here about fu- in the highway accounts, it adds $140 under the President’s initiatives, every ture generations. Let me say, to re- billion of spending that is not paid for year for the next 10 years. We will av- deem myself in advance, I am a con- which will be added to the debt if this erage deficits of $1 trillion. servative. I have been ranked No. 1 by bill is passed. That is a hard number. The American people intuitively un- the ACU, Man of the Year by Human That is a big number. That is a real derstand that cannot continue; it can’t Events. Yet I think we are supposed to number. keep up. We are on an unsustainable be doing something when we come here The simple fact is, this bill, in the course. We are running this Nation to Washington. I have always said, classic gamesmanship we see from the into a ditch on the fiscal side of the when I run for office, that the two highway committee, spends money we ledger. We are putting this Nation into main things we are supposed to do are don’t have and then claims we have the financial bankruptcy because of the defend America and infrastructure. money. In the end, all that money has fact that we are running up deficits Yes, I am the ranking member on the to be borrowed because there are no and debt far beyond our capacity to Environment and Public Works Com- revenues to cover it. repay. In fact, if you look at these defi- mittee. I was the sponsor of the bill in

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VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE Insert offset folio 83/A2 here ES24FE10.002 February 24, 2010 CONGRESSIONAL RECORD — SENATE S723 Mr. HATCH. Mr. President, I rise These aren’t Republican values or Demo- er’s unexpected action, just look at the today to discuss the so-called jobs leg- cratic values that they’re living by; business next-day’s headlines: values or labor values. They’re American islation that is before the Senate this ‘‘Key Dem: Reid scrapped jobs bill because values. afternoon and to express my grave con- he did not trust Republicans’’—The Hill cerns with the direction this bill has The President went on to address the ‘‘Reid kills Baucus-Grassley jobs bill’’— taken over the past few weeks. need to promote job growth by saying: The Politico Several of my Finance Committee Now, the true engine of job creation in this ‘‘Senate leader slashes jobs bill; Despite colleagues on both sides of the aisle country will always be America’s businesses. new support’’—LA Times put a lot of time and effort into cre- We should start where most new jobs do— But it doesn’t end there. The major- in small businesses, companies that begin ity leader sent a pretty strong message ating a compromise jobs bill that when an entrepreneur takes a chance on a Chairman BAUCUS and Senator GRASS- dream, or a worker decides it’s time she be- when he said that he—and I quote— LEY were trying to move forward. In- came her own boss. ‘‘dared Republicans to vote against his deed, I had high hopes that we might And finally: bill.’’ Many Democratic Senators were help thaw the partisan freeze that has [We should] Provide a tax incentive for all gridlocked this chamber for far too large businesses and all small businesses to quick to stand behind the majority long. Unfortunately, our efforts and invest in new plants and equipment. leader’s reversal, just seconds after hopes have been dashed by the major- While these challenges and standards supporting the bipartisan jobs bill. ity leader’s inexplicable decision to gut were set by the President, the leader of Some even stated that we Republicans our bill and replace it with a piece of the Democratic Party, I believe most were not interested in a bipartisan deal legislation that replaces cooperation Republicans would agree with him. The because we were more inclined to ‘‘play with contention. American people are suffering. Our un- rope-a-dope again.’’ They went on to Further exacerbating matters, the employment rate is near double digits. characterize the tax extenders as only Democratic leadership has filled the We owe it to the unemployed and un- ‘‘going to people who are making amendment tree, thus preventing any- deremployed to put aside partisan poli- money, and they generally keep it.’’ one from being able to offer amend- tics so that we can create jobs and They even went so far as to say that ments that would improve the under- make our economy stronger. what the Democratic Caucus is taking lying bill. So much for compromise. Soon after President Obama ad- to the floor is something that is more As a longtime public servant of this dressed the Nation, Senate Democratic focused on job creation than on tax great deliberative body, I can’t recall a and Republican leaders went to work breaks. decision that exhibited as much raw on a bipartisan solution to create a What most surprised me is just how political gamesmanship as this one jobs-growth bill. I worked with Senator quickly many Democratic Senators does. The Democratic leadership is sti- SCHUMER to come up with a payroll tax were to abandon these tax extenders, fling the first genuine attempt at co- holiday for companies that hired more even though most of them support ex- operation on a major issue—a move employees. Under this incentive, the tending these very expiring tax provi- that bodes ill for bipartisanship for the sooner a company hired an unemployed sions. In fact, the Democratic leader- remainder of this Congress. worker the more tax incentive the ship has erroneously labeled the tax ex- Given what is happening with this company would receive. I believe that tenders as solely a Republican-sup- jobs bill, how can we in the minority this initiative is a perfect example of ported initiative. This is hardly the have faith that we won’t be excluded the kind of bipartisanship the Presi- case, considering the Democratic-led from debate on future legislation such dent talked about during his State of House has already passed nearly all of as health care and energy legislation? the Union Address. these tax extenders and the President It is easy to label the Republicans as In addition, Senators BAUCUS and called for them to be passed in his the ‘‘Party of No’’ when you com- GRASSLEY joined in this effort by in- speech before Congress. pletely exclude them from the legisla- cluding several other provisions aimed There is an array of expiring tax pro- tive process. Unfortunately, the major- at job growth and to address the symp- visions contained in the tax extenders ity leaves us with little other option toms of a failing economy. This was a package. Here are a few that are in- than to say ‘‘no.’’ compromise that included an extension cluded: But what puzzles me the most is of unemployment insurance, Build Also, many Democrats, including the what the majority has to gain from America Bonds, and expired tax provi- majority leader, are cosponsors of leg- this partisan maneuver. In my experi- sions. islation that would extend many of the ence, the Senate operates best when Let me be clear. There is no doubt in expiring tax provisions. Look at the there is trust that agreements will be my mind and in the mind of many of bill to extend the research tax credit, honored, but regrettably now even that my colleagues that passing a jobs bill or the alternative fuels vehicle credit, is in question. is crucial. We have seen our unemploy- or even the new markets tax credit. Just a few weeks ago, I sat in the ment rate remain at about 10 percent These are by no means solely Repub- House Chamber while the President since September. The American people lican initiatives. gave his State of the Union Address in sent us here to do a job, and it is way In fact, there are many business tax which he raised the importance of bi- past time we did it. incentives included in the tax extend- partisan cooperation, especially in the This is why it was so disheartening ers package that are primarily sup- area of job creation. The fact that the on February 11, when the Senate ma- ported by some of the Senators who President hit a nerve with this plea is jority leader announced that he would have been the most vocal against in- evident by the effort to build such a bi- scrap the compromise proposal only cluding the expired provisions in the partisan bill in the Finance Committee hours after its unveiling and proceed jobs bill. These Democratic-supported in the weeks that followed. However, it instead with a stripped-down bill that business incentives include a mine res- is obvious that many on the other side would not extend any of the expiring cue team training credit and special cannot stand the thought of working tax proposals that are so vitally impor- expensing rules for certain film and with our side when there might be po- tant to job growth. This decision not television productions. litical points to be scored by trying to only pulled the rug out from Repub- Therefore, to label the support of ex- embarrass us. licans, but it floored those Democrats tending these expiring tax provisions Here are a few of the things the who had been working for weeks on a as part of a solely Republican agenda is President said about the need for bipar- bipartisan solution. misleading, unfair, and unwarranted. I tisanship in his State of the Union Ad- Regrettably, because of this decision, believe that these statements were dress: it looks as though President Obama’s made only to support the majority And what the American people hope—what hope for a bipartisan solution to job leader, who appeared to have made a they deserve—is for all of us, Democrats and hasty and ill-considered decision. Republicans, to work through our dif- creation only lasted 2 weeks. What a ferences. shame! Some have questioned how extending [Americans] are tired of the partisanship To illustrate the abruptness of and these expired tax provisions relate to and the shouting and the pettiness. surprise caused by the majority lead- job creation. It is a fair question, but

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S724 CONGRESSIONAL RECORD — SENATE February 24, 2010 one with easy answers. The extension said, ‘‘This will begin creating jobs im- show that this new legislative year can of these expired tax provisions would mediately.’’ break through that with something support proven growth of companies When pitching the stimulus bill, meaningful to the American people, a that are slowly beginning to see the then-President-elect Obama said ‘‘90 jobs bill. I am hopeful that many col- light at the end of the tunnel. Con- percent of these jobs will be created in leagues on the other side of the aisle versely, government funding would the private sector—the remaining 10 will join us. There has been great input only provide a false sense of job growth percent are mainly public sector jobs.’’ from Senator INHOFE and Senator because once the government funding However, the Wall Street Journal re- HATCH. These are people who are con- is gone so will the jobs. ported in a February 17 article that servative, have different voting records If we need proof that government government data indicate most jobs than I, but they say we have to do spending isn’t as effective as tax relief, supported by stimulus dollars belonged something. I thank the new Senator we only have to look to what the Con- to government employees at the State from Massachusetts for leading the gressional Budget Office said last year and local level. In fact, only 2 percent way and breaking through the miasma. about the effects of the year-old eco- of the entire stimulus bill was dedi- This is a good, focused bill. It is a mod- nomic stimulus package: cated toward tax relief for businesses. est bill, but it will do some good for the The legislation would increase employ- We need to provide a foundation to hundreds of thousands and perhaps mil- ment by 0.8 million to 2.3 million by the allow the private sector to nourish and lions who are looking desperately for fourth quarter of 2009, by 1.2 million to 3.6 create better paying jobs. That is why work. When they find jobs, our econ- million by the fourth quarter of 2010, by 0.6 many support including these tax ex- omy begins to move forward. That is million to 1.9 million by the fourth quarter tenders in a jobs bill. long overdue. of 2011, and by declining numbers in later For instance, it is estimated that Both sides of the aisle can show the years. that approximately 70 percent or more American people we have heard them The reason for this drop in employ- of the research tax credit benefits are by overwhelmingly passing this well- ment is because government spending attributable to salaries of performing crafted, well-honed, modest piece of does not create permanent jobs; only U.S.-based research. How can some legislation aimed at issue No. 1: jobs the private sector can. In contrast to Senators disregard the effectiveness of and the economy. government spending, tax incentives some of these tax extenders on job I yield the floor. would give the private sector a much- growth? And keep in mind that the re- The ACTING PRESIDENT pro tem- needed boost. If we had included more search credit has traditionally received pore. Under the previous order, the tax incentives for businesses in last more Democratic than Republican sup- question is on agreeing to the motion year’s stimulus bill, we would have cre- port in this body. In fact, there is a bill offered by the Senator from Maryland, ated jobs that will last far longer than to extend the expiring research tax Mr. CARDIN, to waive the Budget Act the ones government spending has cre- credit. Of the 18 cosponsors of this bill, and budget resolutions with respect to ated. 11 are Democrats. Furthermore, this the motion offered by the Senator from Originally projected to cost $787 bil- bill was introduced by the Democratic Nevada, Mr. REID, to concur with an lion, the stimulus bill is now expected chairman of the Senate Finance Com- amendment in the House amendment to total $862 billion over 10 years, ac- mittee. to the Senate amendment to H.R. 2847. cording to the Congressional Budget As I stated earlier, the President set The yeas and nays have been ordered. Office. This does not include interest the tone at the beginning of the year The clerk will call the roll. owed, which would put the total cost in by calling on Congress to put forth a The assistant legislative clerk called the trillions of dollars. bipartisan solution to create jobs. In the roll. Thus far, only a third of the $862 bil- response, both Democrats and Repub- Mr. DURBIN. I announce that the lion stimulus package has been spent. licans brought innovative ideas to the Senator from New Jersey (Mr. LAUTEN- Another third is expected to be spent table. Then, in a sudden change of BERG) and the Senator from Michigan in 2010, and the remaining third after events, many Republican ideas were ex- (Mr. LEVIN) are necessarily absent. this year. Whatever happened to spend- cluded from the jobs bill the majority Mr. KYL. The following Senators are ing money on projects deemed to be leader has brought to the floor. Fi- necessarily absent: the Senator from ‘‘shovel ready?’’ nally, the majority leader is not allow- Texas (Mrs. HUTCHISON) and the Sen- The administration has claimed the ing our side to offer any amendments. ator from Arizona (Mr. MCCAIN). stimulus bill is responsible for creating If this is not an arrogance of power, The ACTING PRESIDENT pro tem- or saving 1 million jobs—a very mis- then I do not know what is. I only hope pore. Are there any other Senators in leading claim. the majority leader heeds President the Chamber desiring to vote? For example, it was reported that a Obama’s plea for a bipartisan solution. The yeas and nays resulted—yeas 62, construction company in Nevada cre- I think one Democrat, learning of the nays 34, as follows: ated 20 jobs on a project that has yet to majority leader’s action, said it best: receive money. A school district re- [Rollcall Vote No. 24 Leg.] Most Americans don’t honestly believe YEAS—62 ported saving 665 jobs, even though it that a single political party has all the good only employs roughly 600 people. A ideas. I hope the majority leader will recon- Akaka Feingold Murray Baucus Feinstein town in Oregon reported creating eight sider.’’ Nelson (FL) Bayh Franken Pryor jobs on a contract for ‘‘rattlesnake The ACTING PRESIDENT pro tem- Begich Gillibrand Reed stewardship.’’ pore. The Senator’s time has expired. Bennet Hagan Reid In January 2009, President Obama’s Bingaman Harkin Rockefeller The Senator from New Hampshire. Bond Inhofe economic advisors predicted in a report Mr. GREGG. Mr. President, I ask Sanders Boxer Inouye Schumer Brown (MA) Johnson that with an $800 billion stimulus, the unanimous consent to engage in a col- Shaheen Brown (OH) Kaufman unemployment rate would never go loquy with the Senator from Oklahoma Snowe Burris Kerry above 8 percent. As I stated previously, for 2 minutes. Byrd Klobuchar Specter unemployment has been near 10 per- The ACTING PRESIDENT pro tem- Cantwell Kohl Stabenow cent since last September. pore. Is there objection? Cardin Landrieu Tester Udall (CO) Moreover, the stimulus package was Mr. SCHUMER. Mr. President, I have Carper Leahy Casey Lieberman Udall (NM) sold to the American people as an im- to object because the vote was set for Collins Lincoln Voinovich mediate fix—a ‘‘jolt’’ to the economy. 9:55. Conrad McCaskill Warner The President’s chief economic advi- The ACTING PRESIDENT pro tem- Dodd Menendez Webb Dorgan Merkley Whitehouse sor, Larry Summers, said: ‘‘You’ll see pore. Objection is heard. Durbin Mikulski Wyden effects immediately.’’ Christina The Senator from New York is recog- Romer, the President’s chair of Eco- nized. NAYS—34 nomic Advisers, said: ‘‘We’ll start add- Mr. SCHUMER. Mr. President, we Alexander Brownback Chambliss Barrasso Bunning Coburn ing jobs rather than losing them.’’ And have had so much partisan gridlock. Bennett Burr Cochran House Majority Leader STENY HOYER Today we have a real opportunity to

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S725 Corker Hatch Risch The bill, H.R. 2847, as amended, was At every moment in our past, African Cornyn Isakson Roberts passed. Americans have stood shoulder to Crapo Johanns Sessions DeMint Kyl Shelby (The bill will be printed in a future shoulder with their countrymen from Ensign LeMieux Thune edition of the RECORD.) all races, backgrounds, and walks of Enzi Lugar Vitter life to help chart our course and define Graham McConnell f Wicker who we are to become: from the slaves Grassley Murkowski MORNING BUSINESS Gregg Nelson (NE) who laid the very foundation of this The ACTING PRESIDENT pro tem- NOT VOTING—4 Capitol Building to the businessmen pore. Under the previous order, there Hutchison Levin and entrepreneurs who helped build our Lautenberg McCain will now be a period for the transaction modern economy; from the ‘‘King’’ who of morning business, with Senators The ACTING PRESIDENT pro tem- dared to dream of an America he would permitted to speak therein for up to 10 never live to see to the President who pore. On this vote the yeas are 62, the minutes each. nays are 34. Three-fifths of the Sen- reached the mountaintop; from the The Senator from Illinois is recog- man who was born into the bonds of ators duly chosen and sworn having nized. voted in the affirmative, the motion is slavery to his great grandson who f agreed to. stands today before his peers in the Under the previous order, amend- BLACK HISTORY MONTH Senate. Each of these stories, however ordi- ment No. 3311 is withdrawn. Mr. BURRIS. Mr. President, this The question is on agreeing to the nary or remarkable, illustrates how Monday, I was honored to stand before Black history is woven deeply into the motion to concur with an amendment this Chamber and read George Wash- to the House amendment to the Senate broad canvas of American history and ington’s Farewell Address. This annual why the two are inseparable from one amendment to H.R. 2847. tradition invites Members of the Sen- Mr. DURBIN. Mr. President, I ask for another. ate, as well as the American people, to For me, this reality was brought to the yeas and nays. pause and reflect on the wisdom of our The ACTING PRESIDENT pro tem- life the moment I stood at the front of first President. pore. Is there a sufficient second? this Chamber and began to read the In this historic text, the father of our There is a sufficient second. words that our first President wrote to country lays out a unique view of the The clerk will call the roll. his countrymen more than two cen- Nation he helped to create. It is a tes- Mr. DURBIN. I announce that the turies ago. Yet it was the visionary tament to the American spirit and a Senator from New Jersey (Mr. LAUTEN- leadership and high ideals of men such tribute to the American people that BERG) is necessarily absent. as Washington and Jefferson which this country has come such a long way Mr. KYL. The following Senator is transcended the prejudice of their since the days of our ancestors. necessarily absent: the Senator from times and made it possible for later Washington’s vision was especially Texas (Mrs. HUTCHISON). generations to tear those inequalities poignant to me, having traced my per- The ACTING PRESIDENT pro tem- to the ground. sonal ancestry back to the days of slav- pore. Are there any other Senators in All Americans have benefited from ery. the Chamber desiring to vote? this profound legacy. We all have an in- As I looked out over this Chamber on The result was announced—yeas 70, terest in preserving the history we Monday, I thought about the reasons nays 28, as follows: share. we celebrate each February as Black [Rollcall Vote No. 25 Leg.] In the closing days of this Black His- History Month. This year, as Black YEAS—70 tory Month, I urge my colleagues to re- History Month draws to a close, I can- Akaka Feingold Murkowski flect not only on the ways African not help but reflect that Washington’s Alexander Feinstein Murray Americans have contributed to Amer- Baucus Franken Nelson (FL) address reminds us that Black history ican history but also on the ways we Bayh Gillibrand Pryor and American history are inseparable Begich Hagan can move forward together as one Na- Reed from one another; that the American Bennet Harkin Reid tion, just as Washington calls us to do Bingaman Hatch story cannot be distilled into the Black Rockefeller in his Farewell Address. Bond Inhofe Sanders experience and the White experience Boxer Inouye Mr. President, I yield the floor, and I Schumer Brown (MA) Johnson but that both are essential components Shaheen suggest the absence of a quorum. Brown (OH) Kaufman of the American experience. Snowe The ACTING PRESIDENT pro tem- Burr Kerry The story of this country is a story of Specter Burris Klobuchar expanding equality and opportunity, of pore. The clerk will call the roll. Byrd Stabenow Kohl people and institutions grappling with The legislative clerk proceeded to Cantwell Landrieu Tester call the roll. Cardin Leahy Udall (CO) social change and striving to live up to Carper LeMieux Udall (NM) the promise of a single line in the Dec- Mr. REID. Mr. President, I ask unan- Casey Levin Voinovich laration of Independence which laid out imous consent that the order for the Cochran Lieberman Warner the creed that came to define this Na- quorum call be rescinded. Collins Lincoln Webb The PRESIDING OFFICER (Mr. Conrad McCaskill Whitehouse tion: BURRIS). Without objection, it is so or- Dodd Menendez Wicker We hold these truths to be self-evident, Dorgan Merkley Wyden dered. Durbin Mikulski that all men are created equal. . . . f NAYS—28 With these simple words, a slave owner named Thomas Jefferson laid UNITED STATES CAPITOL POLICE Barrasso Ensign McConnell Bennett Enzi Nelson (NE) the cornerstone of the free America we ADMINISTRATIVE TECHNICAL Brownback Graham Risch know today, even if the noble senti- CORRECTIONS ACT OF 2009 Bunning Grassley Roberts ment was not realized for all Ameri- Mr. REID. Mr. President, I ask the Chambliss Gregg Sessions Coburn Isakson cans until more than a century later. Chair to lay before the Senate a mes- Shelby Although we have seen such injustice— Corker Johanns Thune sage from the House with respect to Cornyn Kyl Vitter though our journey toward freedom H.R. 1299, the U.S. Capitol Police ad- Crapo Lugar and equality is far from over—we can DeMint McCain ministrative authorities. draw great strength from the promise The PRESIDING OFFICER. The NOT VOTING—2 that was woven into the fabric of our Chair lays before the Senate a message Hutchison Lautenberg Nation on the day we declared our from the House. The motion was agreed to. independence. The legislative clerk read as follows: Black History Month is a time to re- Mr. KAUFMAN. I move to reconsider Resolved, that the House agree to the the vote, and I move to lay that mo- member those who have taken part in amendment of the Senate to the bill (H.R. tion on the table. every step of that ongoing journey and 1299) entitled ‘‘An Act to make technical cor- The motion to lay on the table was to celebrate the legacy they have left rections to the laws affecting certain admin- agreed to. behind for each of us. istrative authorities of the United States

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S726 CONGRESSIONAL RECORD — SENATE February 24, 2010 Capitol Police, and for other purposes,’’ with The Senator from Nevada [Mr. REID] moves Mr. REED. Madam President, we a House amendment to the Senate amend- to refer the House message to the Senate have today taken a very strong, posi- ment. Committee on Rules with instructions to re- tive step forward in terms of respond- CLOTURE MOTION port back forthwith, with an amendment ing to the No. 1 crisis in our economy, numbered 3328. Mr. REID. I move to concur in the and that is jobs for all of our people. House amendment to the Senate The amendment is as follows: Under Leader REID’s leadership, we amendment, and I have a cloture mo- At the end, insert the following: were able to get a bill through, with a tion at the desk on the motion to con- The Senate Rules Committee is requested huge majority, and it signals, I hope, to study the benefit of enacting a travel pro- cur. not only attention to jobs but also the The PRESIDING OFFICER (Mrs. motion measure, and the impact on job cre- ation by its enactment. willingness and the ability to find com- HAGAN). The cloture motion having mon ground to serve the people of our been presented under rule XXII, the Mr. REID. I ask for the yeas and nays. country. Chair directs the clerk to read the mo- We are now on the travel promotion The PRESIDING OFFICER. Is there a tion. bill, which is another piece of legisla- The legislative clerk read as follows: sufficient second? There appears to be a sufficient sec- tion designed to encourage job creation CLOTURE MOTION ond. in the travel industry. All of this is We, the undersigned Senators, in accord- The yeas and nays were ordered. good news. The legislation we propose ance with the provisions of rule XXII of the this morning combines elements of tax AMENDMENT NO. 3329 Standing Rules of the Senate, hereby move breaks for small businesses so they can to bring to a close debate on the motion to Mr. REID. Madam President, I have expense their items, increase their concur in the House amendment to the Sen- an amendment to my instructions, cashflow, and hire more people with ate amendment to H.R. 1299, the United which is at the desk. credits for hiring people. There is a States Capitol Police Administrative Tech- The PRESIDING OFFICER. The huge investment in our infrastructure, nical Corrections Act. clerk will report the amendment. which will put people to work in the Harry Reid, Byron L. Dorgan, Russell D. The legislative clerk read as follows: Feingold, Patrick J. Leahy, Daniel K. building industry and in industries Inouye, Kay R. Hagan, Jeff Bingaman, The Senator from Nevada [Mr. REID] pro- that supply all these infrastructure Robert Menendez, Richard J. Durbin, poses an amendment numbered 3329 to the instructions of the motion to refer. projects, and there is also a significant Jack Reed, Mark Begich, Patty Mur- commitment to Build America Bonds. ray, Bernard Sanders, Robert P. Casey, The amendment is as follows: These are good programs, and they are Jr., Barbara Boxer, Jon Tester, John D. At the end, insert the following: Rockefeller IV. fully paid for. ‘‘and include reasonable statistics of job We are now taking up the challenge creation.’’ Mr. REID. Madam President, I to put people to work, to do it in a re- thought it was important that the Mr. REID. I ask for the yeas and nays sponsible way, and to do so in a way clerk read those names. Sometimes on that amendment. that we can attract bipartisan support. they are hard to read. The PRESIDING OFFICER. Is there a But there is much more to do. There is AMENDMENT NO. 3326 sufficient second? the recognition that we have to not I move to concur in the House There appears to be a sufficient sec- only create jobs but for the foreseeable amendment with an amendment, which ond. future deal with those people who have is at the desk. The yeas and nays were ordered. been looking unsuccessfully for jobs The PRESIDING OFFICER. The AMENDMENT NO. 3330 TO AMENDMENT NO. 3329 and who are unemployed. In my home clerk will report the amendment. Mr. REID. Madam President, I have a State of Rhode Island, the unemploy- The legislative clerk read as follows: second-degree amendment at the desk. ment rate is 12.9 percent. That is the The Senator from Nevada [Mr. REID] moves The PRESIDING OFFICER. The official rate. Unofficially, it is much to concur in the House amendment to the clerk will report the amendment. higher, as many people have dropped Senate amendment with an amendment The legislative clerk read as follows: out of the workforce. If you look at numbered 3326. The Senator from Nevada [Mr. REID] pro- sectors in terms of ethnicity or age, The amendment is as follows: poses an amendment numbered 3330 to the numbers are even more startling. At the end of the amendment, insert the amendment No. 3329. The bill we passed this morning is a following: The amendment is as follows: good first step forward, but we have to The provisions of this Act shall become ef- At the end, insert the following: fective 5 days after enactment. do much more. ‘‘including specific data on the types of I think one of the first jobs we have Mr. REID. I now ask for the yeas and jobs created.’’ to address is the extension of unem- nays on that amendment. Mr. REID. Madam President, I ask ployment benefits. They will expire The PRESIDING OFFICER. Is there a unanimous consent that the manda- this Sunday. We have to recognize sufficient second? tory quorum be waived with respect to that, despite many efforts here, there There appears to be a sufficient sec- the cloture motion. are millions of Americans who are ond. The PRESIDING OFFICER. Without looking every day and not finding The yeas and nays were ordered. objection, it is so ordered. work. They need support. AMENDMENT NO. 3327 TO AMENDMENT NO. 3326 Mr. REID. Madam President, I say All of the economists who have Mr. REID. Madam President, I have a for the benefit of Members, under the looked at these programs indicated second-degree amendment now at the rules, this cloture motion will ripen that not only do they support individ- desk. Friday morning. I do not think there is uals and families, they provide a tre- The PRESIDING OFFICER. The going to be a lot of talk during the mendous multiplier of economic activ- clerk will report the amendment. next 2 days on this matter, and I would ity for every dollar we commit to the The legislative clerk read as follows: certainly be happy to move up this program. There is, as they say, a big The Senator from Nevada [Mr. REID] pro- time and have the vote earlier. But we bang for the buck. People who are poses an amendment numbered 3327 to will wait until we hear from the Repub- without a job will take their benefits amendment No. 3326. licans. and invariably they will have to sup- The amendment is as follows: I suggest the absence of a quorum. port themselves in terms of going to In the amendment, strike ‘‘5’’ and insert The PRESIDING OFFICER. The the grocery store—doing the things ‘‘4’’. clerk will call the roll. you have to do just to get by day by MOTION TO REFER WITH AMENDMENT NO. 3328 The assistant legislative clerk pro- day. They are not typically saving this Mr. REID. Madam President, I move ceeded to call the roll. money. That helps in the sense of in- to refer with instructions, which is also Mr. REED. Madam President, I ask creasing demand in the economy over- at the desk. unanimous consent that the order for all, increasing our economic growth. The PRESIDING OFFICER. The the quorum call be rescinded. If Congress fails to act swiftly, 1,200 clerk will report the motion. The PRESIDING OFFICER. Without Rhode Islanders will start losing their The legislative clerk read as follows: objection, it is so ordered. benefits each week. It is a small State

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S727 and that is a big number. We have rates as low as 4.7 percent for unem- they couldn’t find work at all. This is never before in our history, at least ployment. Yet they will qualify for a very big problem, and it affects our postwar history, ever terminated ex- these general, generic programs. country in many ways. It affects the tended unemployment and emergency As we go forward and start thinking economy in a devastating way. It is unemployment benefits until unem- about additional steps, I think we also very hard on American families when ployment was at least 7.4 percent. At have to think about how we can target they are not able to find work to be that point it appears, in most cases, those programs to areas that have crit- able to take care of themselves. It re- that there is a self-sustaining economic ical unemployment situations. Rhode sults in more Federal spending for un- growth that will itself begin to con- Island, at 12.9 percent, is one, but there employment insurance and the other tinue to lower the unemployment rate. are many others. If you look within things. So we are trying to find ways to We are far from 7.4 percent. As I said, States, there are regions that have sig- put people back to work. in my State it is 12.9. The national av- nificant unemployment problems. Earlier this week we passed, with the erage is hovering around 10. Again, we have taken steps to extend leadership of Senator REID and many We have to do this. Congress has our benefits, but as we go forward, as others—work that I and Senator DUR- acted eight times—1958, 1961, 1971, 1974, we consider additional legislation, let’s BIN, Senator SCHUMER, and many oth- 1982, 1991, 2002, 2008—to establish tem- also think seriously about how to ers have done—a jobs bill that will porary federal unemployment benefit make it more effective, more efficient, begin putting people back to work programs beyond regular unemploy- more targeted. when it is signed by the President. The ment compensation and extended bene- I again urge all my colleagues to con- legislation that Senator REID brought fits. Not to extend these benefits would tinue the effort and spirit which re- to the floor today includes the Travel essentially reject the consistent record sulted today in an overwhelming vote Promotion Act, which will also put of this Congress of helping Americans for a program that will help Americans people back to work. I wish to talk when the unemployment rate has and move our country and our econ- through this and explain why this is reached such extraordinary proportions omy forward. important. as it is today, whether the majority is Madam President, I yield the floor Let me begin by saying that on 9/11/ Republican or Democrat. Last Novem- and suggest the absence of a quorum. 2001, we were the victims of a dev- ber, we did approve, without opposi- The PRESIDING OFFICER. The astating terrorist attack on our coun- tion, an expansion of up to 20 weeks, clerk will call the roll. try. Thousands of Americans were but now we need to pass a further ex- The assistant legislative clerk pro- killed that day. As a result, since that tension. ceeded to call the roll. period of time we have been engaged in As I said before, this is not just about The ACTING PRESIDENT pro tem- an effort to prevent terrorism, to track helping families and individuals, it is pore. The Senator from North Dakota. down the terrorists and destroy the also about helping the economy. For Mr. DORGAN. Mr. President, I ask terrorist networks that would visit every $1 we invest in our unemploy- unanimous consent that the order for that kind of tragedy upon our country. ment benefits, we see $1.90 in economic the quorum call be rescinded. But also during that period and fol- activity overall throughout the econ- The ACTING PRESIDENT pro tem- lowing, it became clear to the rest of omy. pore. Without objection, it is so or- the world that our country was clamp- One of the reasons I heard to oppose dered. ing down on visitation to our country. this morning’s legislation: There is not Mr. DORGAN. Mr. President, the leg- Many people believed: The United enough demand to justify these tax in- islation on the floor of the Senate at States doesn’t want us to visit them centives; they will not be used. this point includes legislation that I anymore. It is harder to get a visa to One of the things that does generate have worked on with my colleagues for come to the United States. We are not demand, consumer demand particu- about 3 years. It is a bipartisan piece of welcome in the United States. So what larly, is the unemployment compensa- legislation called the Travel Pro- happened was, there was a dramatic re- tion program. It is not the way we motion Act. I wish to talk just a bit duction in visitation to our country by want to do it. What we would like to about it today, but before I do, let me overseas travelers. see is a productive economy with jobs describe the reasons for its importance. Why is that important? When you where the demand comes not only from When we began to put this together— have millions of people who are trav- people working but their being com- as I said, 3 years ago last month, work- eling around the world to go experience pensated and also being able, with dis- ing with a good number of sectors in and see the sights and take vacations cretionary income, to make consump- our economy to try to evaluate how do and so on, they are spending a fair tion choices that today they cannot. we promote international tourism to amount of money on those trips. They As I said before, we have to think the United States—we were not in a are creating jobs in many areas, not about an agenda for jobs. We passed very deep recession. We were in a pe- just hotels and cars and restaurants one piece of legislation today. We are riod of economic growth. In the inter- and so on but in many other areas as discussing the travel legislation at this vening period, our country has fallen well. Our country, for the last 6 to 8 moment. We have to then move to the into a very significant and deep reces- years, has had the experience in which legislation with respect to unemploy- sion. It makes the urgency all that the rest of the world has said: We are ment compensation. We also have to much greater to create new jobs and to going to visit Italy, France, Japan, and think about supporting the States with do so as soon as possible. India. But fewer of us are going to visit additional FMAP, that is, the funds for Somewhere around 15 million to 17 the United States of America. Medicaid, because, again, not only will million people, according to official es- In fact, we have seen a circumstance that help our States, but without it timates, woke up this morning in this where after 9/11, we had fewer and you are going to see a contraction in country of ours without a job. They fewer visitors coming to our country; our health care industry in terms of want a job. They want work. They have that is, fewer than came before, and hospitals being able to hire or willing looked for work, but they can’t find a last year, in 2009, we had 2.4 million to hire. So we have many steps to go job in the United States of America. fewer people visit our country than vis- forward. Now, that number of 15 million to 17 ited our country in the year 2000. Let One aspect of this issue, which I million is ominous enough. Just think me say that again because I think it is would like to mention is that many of of one person this morning who woke important. We had 2.4 million fewer these programs we have talked about— up not able to work because they can’t people come to the United States of for example, the tax credits for hir- find a job, and then think of 15 million America to visit as overseas travelers ing—are nationwide and they miss the or 17 million, and then fast-forward and than visited in the year 2000. point that there are some areas that think of perhaps 25 million to 26 mil- The Presiding Officer is from the are much more affected by unemploy- lion, which is what is estimated to be State of New Mexico. It is a wonderful ment than other areas. We have the total population of people who are State, and I know it is a State that at- States—and their good fortune is some- unemployed in America, many of whom tracts a lot of visitation not only from thing we should be proud of—that have have stopped looking for work because people in our country but from people

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S728 CONGRESSIONAL RECORD — SENATE February 24, 2010 who come from outside of America to try. See our country and the wonders Let me pay special attention to the see the wonders of New Mexico. But it of what we have to offer the world. work Senator REID has done, and Sen- doesn’t matter whether it is the won- In the United States of America, we ator ENSIGN who is a cosponsor and ders of New Mexico or Old Faithful in have not done that. That is why, in my worked on this in the Commerce Com- Yellowstone or Niagara Falls or you judgment, at least in part, we had 2.4 mittee with me, Senator INOUYE, Sen- name it—the cities or the wonders of million fewer visitors last year than we ator VITTER, and Senator KLOBUCHAR. our country, the great national parks— had in 2000. That is pretty unbeliev- Let me say that Senator KLOBUCHAR, in 2.4 million fewer people showed up last able. the Commerce Committee working on year to visit our country. This proposition is simple. There is a tourism following my chairmanship of Let me explain why that has hap- problem. The number of people be- the tourism subcommittee, has taken pened. Here are some headlines. The tween the years 2000 and 2009 visiting on this issue with gusto and is a very Sydney Morning Herald, Sydney, Aus- other countries—overseas travel—has important part of getting this done. tralia, headline: ‘‘Coming to America increased by 31 percent. During the My hope is that when we finish this, Isn’t Easy.’’ It describes the difficulty same period the number of overseas when the President signs this bill, all of getting visas and coming to Amer- travelers coming to the United States of us will understand that at a time ica. has decreased nearly 10 percent. So when there is so much partisanship, The Guardian in England says: overseas travel is up, but travel to and when it appears to the American ‘‘America: More Hassle Than it’s America is down. people that so little can be agreed upon Worth?’’ Again, difficulty coming to There is another important point and that so little gets done—there is America. here. There has been a lot of polling all that notion out there—the fact is, The Sunday Times in London: ‘‘Trav- done, and it is clear that to visit Amer- this is bipartisan, good for the country, el to America? No Thanks,’’ says the ica is to have great respect for and love will reduce the budget deficit, and it headline. for this country. There is almost no will increase jobs and put people back The newspaper says: one who comes to this country and to work. It is already a nightmare, but now they tours and travels and visits our coun- If ever something had all of the want to make entry into the U.S. tougher, so try who doesn’t leave America with a things that are necessary to have merit let’s not go. special understanding of the wonders of and to be worthy, this legislation sure- Well, let me describe what is hap- this great place. At a time when we ly does that. pening in other countries at the same want people to understand more about My colleague from Minnesota, Sen- time we are taking leave on this issue. our country, we ought to be inviting ator KLOBUCHAR, as I indicated, has Other countries are very busy adver- them here and saying: Come to Amer- done yeoman’s work with me and oth- tising to the world to say: Are you ica, see what we have to offer. ers to put this together. We hope, of traveling? Are you taking a vacation? We ought to be engaged in this proc- course, those who would come to our Are you seeing the world? Come to our ess, but we are not. This legislation we country would especially visit North country. Come to see what is hap- are bringing to the floor of the Senate Dakota and Minnesota and stay for a pening. is legislation that will actually in- very long period of time—yes, we all The poster says: Looking for an expe- crease jobs, we think, by close to 40,000 have parochial interests—and perhaps rience to remember? Be part of an ad- jobs, according to the estimates. So North Dakota even more than Min- venture you will never forget. Come you will increase 40,000 jobs and, in ad- nesota, I might say from my own per- and see Australia. See the wonders. It dition to that, the CBO says this will spective. I do think it is seldom that is true what they say: To find yourself reduce the Federal budget deficit by we can come to the floor and say here sometimes you need to lose yourself. In nearly $1⁄2 billion. How many pieces of is a piece of legislation that Repub- Australia they call this ‘‘going legislation come to the floor of the licans and Democrats support. walkabout.’’ So a big campaign: If you Senate that will both create jobs and We had one vote on it already. It had are traveling, come to Australia. Come reduce the budget deficit and also give 79 votes in support in the Senate. Sel- and see what we have to offer. us the opportunity to tell the rest of dom can we say here is a bill that is bi- A campaign for the Emerald Isle: Go the world what a wonderful and great partisan that does a lot of good things where Ireland takes you. If you are place this country is? for our country. taking a trip, be sure and visit Ireland. That is the reason for this legisla- Thanks to the majority leader for Come to Ireland, it says. It is an inter- tion. As we build, one step at a time, putting this back on the floor. I con- national campaign. opportunities to create additional jobs, gratulate him for his work on it and Japan says: Sweet secrets from this is part of it. The Congressional my colleague Senator KLOBUCHAR as Japan. With its many unique culinary Budget Office has said that enacting S. well. arts, they entice travelers; a stunning 1023 would reduce the budget deficit. I I yield the floor. array of specialties, and on and on. think it will do that and help our coun- The ACTING PRESIDENT pro tem- Come to Japan. Thinking of traveling? try. pore. The Senator from Minnesota is Show up in Japan. The specifics of this legislation will recognized. Are you taking a trip with your fam- encourage international travel to all Ms. KLOBUCHAR. Mr. President, I ily? How about coming to the Eiffel parts of this country. I think it will ask unanimous consent to speak for up Tower. Come to France in 2009. Vive la provide economic growth to all parts of to 10 minutes. France. So France and Japan and India our country. This creates a corporation The ACTING PRESIDENT pro tem- and Ireland say: Come and see us. for travel promotion. That is what we pore. Without objection, it is so or- Belgium’s national campaign says: If create—an independent, nonprofit cor- dered. you are traveling with your family, poration to be governed by an 11-mem- Ms. KLOBUCHAR. Mr. President, I come to Belgium where fun is always ber board of directors appointed by the thank Senator DORGAN for his great in fashion. Secretary of Commerce, and it creates leadership. For so long, he has been Brussels, sophisticated simplicity, the cap- the Office of Travel Promotion in the working on this. I have a feeling this is ital of cool. Department of Commerce—one that finally going to get done. It is true and I think you get the point. This one used to exist but no longer does, and it we invite the Presiding Officer to visit says: hasn’t for a long while. North Dakota and Minnesota. I think One special reason to visit India in 2009. The purpose of this is to engage in he thinks the State of New Mexico is Any time is a good time to visit the land of the kind of campaign that exists in pretty cool, but he has never been to Taj, but there is no time like now. most other countries in the world and Teddy Roosevelt Park in North Da- So we have millions of people trav- to say to those traveling around the kota. eling around the world. On average, world: Come here. You are welcome So often marketing campaigns for overseas travelers spend over $4,000. All here. We want you here. Come and un- our country are done by specific cities of these countries are saying to those derstand and experience this country such as Las Vegas and New York, overseas travelers: Come to our coun- called the United States of America. which is important. But when you look

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S729 at this country, marketing our country in 2008 than in 2000. More people are that controls the airplanes in the as a whole is going to mean something. traveling. We have seen the marketing American skies. We are competing against countries power across this world. There were Most people are walking around with the world over that do this all the 633,000 fewer who have visited the cell phones that have a much more so- time. That is why we have seen a 20- United States than in 2000. So world phisticated way of tracking anything— percent decrease in international visi- travel is going up. You can see the big a GPS. Most kids have the opportunity tors. increase globally. But the number of to be able to track—if their friends When I held a hearing on this issue, people coming to the United States has want them to—the location of their along with former Senator Martinez, gone down. That means less jobs in this friends at any moment. They can track this past year, there was a story in the country. up to 20 friends. Washington Post, in good humor, about Mr. President, I believe we need to be Teenage kids can track their friends, all the Senators hawking their own on an equal playing field with the rest but we cannot track an airplane in the States and the deals you could get— of the world. If we want to compete in sky with a GPS. More commercial air- whether it was Senator BEGICH’s $99 our goods that we want to produce and liners are not equipped. We don’t have cruise in Alaska or the stuff I talked send overseas, we also have to compete the NextGen system that would mod- about with Duluth, MN. We were doing in the tourism market. In Duluth, MN, ernize our air traffic control system that because people need to know it was hard times in the 1980s. It was so and allow them to fly more direct about the opportunities in America. bad that they put up a billboard that routes from place to place, with less Doing it at a Commerce Committee said: spacing, using less fuel, better for the hearing is not going to be anything Will the last person to leave turn off the environment. All of those things will compared to what France, Indonesia, lights. be capable when we modernize the air and other countries are doing. They are They rebuilt because they were traffic control system and go from a bringing in visitors. They spend thou- smart; the businesses were smart about ground-based system to a GPS system sands and thousands of dollars. tourism. They have beautiful Lake Su- for aviation flights. We are doing this jobs bill this week, That is so very important. It is very perior right there. When we did a tour- and an important part of that is the job creating. travel industry because it employs one ism hearing—a field hearing there— I appreciate the majority leader say- out of eight Americans. they were talking about, obviously, ing that needs to be a priority to bring What will this bill do? One, as Sen- how in many areas of the country, with to the floor, get to a conference with ator DORGAN mentioned, it will give us the recession, business in convention the House, and get a bill passed and the ability to market our country. Sec- centers had gone down nationally, and signed by the President. ond, it will give us the funds we need to someone whispered, ‘‘Ours has gone There are also safety issues we have better process the visas because it is up.’’ People are looking for different to deal with in the FAA Reauthoriza- expected to bring in—and this is the es- things, and maybe we will have our tion Act. Tomorrow I will be chairing a timate of the nonpartisan organiza- convention in Duluth, which is a little hearing in the Commerce Sub- tion—1.6 million new international less expensive. They can look at Lake committee on Aviation on the Colgan visitors each year. They spend $4,500 on Superior instead of looking at the Pa- crash in Buffalo, NY, the tragedy that average when they come here. You can cific Ocean. occurred on that winter icy evening, in do the math—1.6 million new visitors We are proud of this country, and we which the Dash 8 crashed and took the times $4,500 every single year. There is want other people to visit. We want lives of so many wonderful people and some expectation that the bill could them to spend their money in America took the life of the pilot and copilot as generate $4 billion in new spending and and help create 41,000 new jobs. That is well. $321 million in Federal tax revenue. In what this bill is about. I am very hope- There are so many questions about addition, the bill is estimated to create ful that we are going to finally get this that flight and the circumstances that 41,000 new jobs. bill passed and support the tourism led to the crash. The National Trans- What is the cost to the taxpayer? I part of our economy, which employs portation Safety Board will be testi- have been pushing on deficit reduction, one in eight Americans. Let’s keep it fying tomorrow at my subcommittee. I but what is the cost to the taxpayer? strong and going. will not go into all of the issues, but Zero. I think that is a great thing I see that Senator DORGAN is back. I the issue of pilot fatigue, the issue of about this bill. We are doing something thank him so much for his tremendous training—so many different issues—the to create jobs. We are doing it at zero leadership. I am proud that I got the icing issue that occurred that evening. cost. As you know, there is a small fee opportunity to take over the sub- It will be a very important hearing to- on foreign visitors to our country, like committee that deals with tourism. A morrow. other countries do to our people when lot of the work had been done on this The reason I raise it is the safety they visit—with Canada exempted. bill. issue is so important. Yes, we have a What I found out is that the people I yield the floor. system in which we fly people all over who care about this bill are not just in The ACTING PRESIDENT pro tem- this country and the world. We have the Halls of Congress and in our major pore. The Senator from North Dakota not had fatal accidents, by and large, cities. When I was in Grand Marais, is recognized. in commercial aviation. It has been International Falls, Bemidji, and the Mr. DORGAN. Mr. President, I men- enormously safe. The most recent acci- Brainerd Lakes area—home of the stat- tioned that there are incremental ways dents have been accidents that have ue of Paul Bunion and Babe the Blue to create jobs, which is important. Sen- been very substantially investigated. Ox—they were excited about this be- ator REID has taken the lead to bring The Colgan crash in Buffalo, NY, has cause they have seen a decrease in visi- bills to the floor to do that with, ear- been investigated now at great length, tors from Canada. They want to be able lier this week, the jobs bill that was and we will have the results of that and to market our country. passed and, in addition, the Travel Pro- a discussion of that at our sub- We have gotten so far behind. A lot of motion Act. committee hearing tomorrow. That people living in, say, France are decid- I want to mention as well that the will also give us a roadmap of what we ing where to go on their summer vaca- majority leader indicated he intends to might need to address in the FAA reau- tion. They are thinking: Am I going to bring the FAA Preauthorization Act to thorization bill on the safety issues. go to America, where maybe it will the floor of the Senate, probably dur- Mr. President, I yield the floor and take months to process my visa, or am ing this work period. It is also going to suggest the absence of a quorum. I going to spend my vacation in Eng- be job creating. I chaired the Aviation The ACTING PRESIDENT pro tem- land, just across the channel or maybe Subcommittee in the Senate. It is very pore. The clerk will call the roll. I will go to Mexico. That is what is important that we reauthorize the The assistant legislative clerk pro- happening. That is where we have lost FAA and pass the legislation called ceeded to call the roll. 20 percent of the overseas travel. NextGen, to do the next generation of Mr. WHITEHOUSE. Mr. President, I Look at this chart. There were 48 air traffic control systems. We have an ask unanimous consent that the order million more global overseas travelers archaic system of ground-based radar for the quorum call be rescinded.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S730 CONGRESSIONAL RECORD — SENATE February 24, 2010 The PRESIDING OFFICER (Mr. today is a watershed. Outside in Wash- In a matter of 6 days of traveling on MERKLEY). Without objection, it is so ington, the heavy snows of February the continent of Africa, Senator BROWN ordered. are melting away. Perhaps—just per- and I did not have much time to our- Mr. WHITEHOUSE. Mr. President, I haps—the blockade that has stifled the selves, but we were not planning any. wish to speak just briefly about today’s Senate is melting away a little also. We spent a lot of time meeting with vote. Today, this body, in a rare but We must now act to extend unem- people, meeting with government offi- very welcome moment of at least par- ployment insurance and COBRA sub- cials, meeting with individuals who are tial bipartisanship, voted to pass Lead- sidies to make sure unemployed work- part of the current political environ- er REID’s jobs bill. While that bill does ers, such as Brian, and their families ment of Africa, but also many of their not include every provision I would continue to be able to pay their bills lives are touched by programs in which like to see, it is certainly an important and to maintain their family health in- the United States is involved. step, and I commend my colleagues surance coverage. I hope we will soon I could not help but notice as I trav- from both parties for supporting these thereafter turn to new investments in eled the extraordinarily dedicated provisions to put people back to work. our failing transportation, water, and Americans who are in our Foreign As a Senator from Rhode Island, school infrastructure. Service. Many of them are posted in which currently faces one of the high- We had a hearing in the Budget Com- places around the world that are not est unemployment rates in the Nation, mittee this morning with Transpor- glamorous by any means. Their jobs at near 13 percent—I know the help tation Secretary LaHood, and he are hard and sometimes dangerous, and contained in this bill, which builds on agreed very strongly that where you they go to work every day without the programs we passed last year in the have decrepit infrastructure—and ev- complaint. We need to tip our hats to Recovery Act, cannot come soon eryone knows the United States of them as Americans. Let me add in enough. I hope the vote is a watershed. America has an enormous deficit of de- there Peace Corps volunteers, many Over the past few months, I have crepit infrastructure—we are going to who work for the nongovernment orga- heard from hundreds of Rhode Island- need to repair that sooner or later. nizations, the NGOs. Many Americans ers who are struggling just to find If we need to repair it sooner or later, serve our best interests around the why not do it now, while we need the work. I have heard from Carole in world every day without fanfare or jobs? If we need to repair it sooner or North Providence, RI, who had worked praise. all her life but was laid off 2 years ago later, repairing it now does not add We went to Tanzania. In Mwanza in from her position as a construction anything to our Nation’s long-term li- Tanzania, we encountered a group of project manager. Carole has a bach- abilities. Indeed, under the old Yankee young Baylor University doctors who elor’s degree in business administra- principle that a stitch in time saves are doing part of their residency at a nine, under the commonsense principle tion and an associate’s degree in archi- regional hospital, one that serves a that when you get to maintenance and tecture and she has plenty of experi- population of several million people. repair earlier rather than later, it costs ence as a construction project man- Can you imagine one hospital serving less to do the maintenance and repair, ager. But for 2 years, she has been un- that many people? That is what the there is actually a very strong case to able to find any work—talented, hard people are up against in Africa. working, and unemployed. be made that there are net savings We met a representative from Abbot from moving the repair of our decrepit I also heard from Nathaniel in Cov- Labs from my home State of Illinois infrastructure forward. So it is really a entry, RI, who recently graduated from who was there helping to build a mod- win-win, as Secretary LaHood ac- law school. That is a wonderful ern laboratory and train local staff for achievement and is ordinarily a bench- knowledged. I look forward to continuing to work the hospital. mark that kids pass through on the In a small rural village several hours with my colleagues as we go forward way to success—certainly to employ- down a dusty, bumpy road from the past today’s watershed votes and into ment. But Nathaniel is carrying nearest city, we witnessed a program the following votes to help restore our $100,000 in student loans and cannot by the nongovernmental organization economy and meet the needs of Carole find a job. and Nathaniel and Brian and millions CARE that helped build a rudimentary I heard from Brian in Saunderstown, of Americans who are unemployed and but critically important health clinic. an unemployed construction worker It is hard to describe this to an need help now. who has been unable to find a job for I suggest the absence of a quorum. American, what an African would call more than a year. He has been receiv- The PRESIDING OFFICER. The a health clinic. It is, in fact, a building ing unemployment benefits, but he is clerk will call the roll. without windows but with openings for justifiably concerned that those, too, The assistant bill clerk proceeded to air to flow through. It is a building might soon run out. He loves to work. call the roll. that is so basic it does not have run- He doesn’t want to be on unemploy- Mr. DURBIN. Mr. President, I ask ning water or electricity. But it is, in ment. But right now, in this economy, unanimous consent that the order for fact, a building where 168 babies were there is no other option for Brian and the quorum call be rescinded. born last year. for his family. The PRESIDING OFFICER (Mr. When you see this and meet the peo- Leader REID’s jobs bill—the HIRE BEGICH.) Without objection, it is so or- ple who are delivering the babies, you Act—will help put Rhode Islanders dered. realize that in many parts of Africa back to work. The bill provides a pay- Mr. DURBIN. Mr. President, I ask health care is very basic. The man who roll tax holiday for businesses to en- unanimous consent to speak as in runs this clinic has about a year or two courage hiring, increased cashflow for morning business. of education beyond high school. The small businesses that can be used for The PRESIDING OFFICER. Without woman who serves him is one who is investments and payroll expansion, and objection, it is so ordered. gifted with not only personal skills but an expansion of the Build America AFRICA a lot of human experience in delivering Bonds program to subsidize and en- Mr. DURBIN. Last week I joined my babies. courage local infrastructure projects. colleague Senator SHERROD BROWN of What happens if there is a complica- In addition, the HIRE Act extends Fed- Ohio on a trip to East Africa. It was an tion in the middle of this village in the eral highway funding through the end important trip that took us to Tan- middle of nowhere with no means of of the year, which will make a $225 mil- zania, the Democratic Republic of communication? Well, they try to get lion difference for Rhode Island alone Congo, Ethiopia, and Sudan. We went the message to the man who runs the in 2010. in to observe American development ambulance. The ambulance in Mwanza This legislation will be a big help for assistance, to look at programs that is a tricycle, a tricycle with a flat bed my home State, but it is only a first help the victims of HIV and AIDS, tu- on the back. They take a woman who is step toward restoring economic berculosis, malaria, child and maternal needing a Caesarean section, for exam- growth. It is certainly not the last step mortality, victims of sexual violence, ple, put her on the back of this tricycle we need to take in this work session. clean water, sanitation issues, democ- and take her off for a 4-hour trip to the As I said, I hope the vote yesterday and racy, governments, refugees. closest hospital. That is maternal and

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S731 childcare in Africa, in Tanzania. We They have to carry water. Something Her name is Lynne Lucy. Her hus- are trying to help through the organi- as basic as water that we take for band Joe is a Congolese surgeon and zation CARE that I mentioned earlier. granted becomes a centerpiece in their they married years ago and decided to With their help, they have not only lives every single day. Improvements start a hospital for the poorest people brought them the money necessary for are being made in Ethiopia and other in that part of Congo. They focus on their ambulance, this tricycle, they places. I returned to Goma in the children with club feet and cleft pal- have helped the local residents develop Democratic Republic of Congo. It is in ates. They focus on trauma victims, a savings and loan where their modest the eastern section of that country. setting fractures, victims of fires, and earnings they make by selling agricul- The capital, Kinshasa, is far west and other accidents that occur. Their tural produce are banked away for a removed not only physically but politi- major area of focus is on the women better day. They are allowed to borrow cally from many of the things hap- who are the victims of the civil war. small units of money for buying sewing pening in eastern Congo. One of the most horrible things about machines, which can dramatically I try to describe Goma to those who this war isn’t only that people die, but change a life in these poor villages, or haven’t been there. It is almost impos- they have now built in hideous torture livestock or to help to pay for their sible. Imagine one of the poorest places techniques as part of this civil war. kids to go to school. on Earth, where people are literally Women are raped and gang raped and In Tanzania as a whole, the PEPFAR starving, where they are facing the children are mutilated in hideous, scourge of disease, where malaria is the program, which is the United States bi- awful ways. They bring them into this biggest killer of children. Imagine HIV/ lateral program for HIV/AIDS, tuber- hospital and try to rebuild their bodies AIDS and the problems they face with culosis and malaria, and the Global and rebuild their lives. God bless them that. Then superimpose over that the Fund Program, a much larger under- for doing it, Joe and Lynne Lucy. misfortune of an ongoing war that has taking from many other countries, When I was there last, I worried be- have made real progress in HIV, TB, been taking place in the eastern part of the Democratic Republic of Congo for cause they only had a handful of doc- and malaria. tors. This time I walked into a class- We also visited Ethiopia, a country I years. There is an ongoing debate about how many people have been room filled with doctors. Standing in have been looking forward to seeing. It front of them was a doctor from the has the distinction in Africa of being killed in this war. The debate ranges 1 University of Wisconsin, right smack- the only country in Africa that was from the low number of about 2 ⁄2 mil- lion to the high number of 6 million, dab in a part of the Midwest of which never colonized. There was a period, a and they debate very violently about I am proud to be a part, training these short period of occupation by the whether it is 6 or 21⁄2 million. Regard- doctors on how to treat these poor peo- Italians. But they have been a kingdom less of which number, it is an outrage. ple. There is evidence of the caring and under their own control, except for It is a genocide which is occurring in compassionate people of the United that period of time since the early this section of Africa with little or no States all around the world. In this sad parts of the third and fourth century attention from anyone. situation in Goma, certainly it is need- and maybe even before that. They are What has caused this? Their neighbor ed. very proud of their own language, their is Rwanda. If you recall, in Rwanda, I We have a 20,000-member U.N. peace- own customs, their own history. They believe the year was 1994, a terrible have tremendous international efforts keeping force known as MONUC that genocide killed 800,000 people in the has been in the area for more than 10 underway to help the Ethiopian people, span of a matter of days. Those who who are basically poor, struggling peo- years trying to bring peace. Unfortu- were accused of the genocidal acts, nately, rebel groups continue cam- ple. They are struggling against the ec- many of them escaped into the neigh- onomics of a poor nation, as well as paigns of brutal violence. Known war boring country of Congo and set up criminals such as Jean Bosco Ntaganda HIV, AIDS, tuberculosis. They are re- their armed militias. They continued settling refugees from the war-torn continue to play a role in the violence, their violence. Not only is Goma an despite being wanted for awful war neighboring state of Somalia. They are area the surrounding towns and vil- trying to build a health system. crimes. The Congolese military has lages fought over, it also happens to be tried to root out several groups but has One program, in particular, was pro- an area that is dominated by a volcano vided by a nongovernmental organiza- embraced others. It is hard to figure which erupted in 2002 and killed hun- out the good and bad people in this tion called AMREF in the Kechene dreds of people and destroyed thou- slum area of the capital of Addis conflict. But you can certainly figure sands of basic shelters. It is also an out the victims because you see them Ababa. Senator BROWN and I went to area filled with minerals and timber, everywhere. this area. It is a slum with 380 people gold, diamonds, basic minerals needed living there, that has basically had to for the cell phones we take for granted We went to what is known as an in- carry in water for years because there every single day. There is money to be ternally displaced persons camp just was no running water. But because of made, even if you just take out your south of Goma. I find it hard to imag- an AMREF project, they were able to shovel and dig into the hillside and find ine how people live there. There are build 22 water kiosks in the country some of these for sale. It is a rich area 1,800 people living there. Imagine that and one in this slum area. It seems like in mineral resources. they are living on volcanic rock. It is something so simple, but it has It is also rich in other resources. hard to walk on it even with shoes be- changed their lives. They now have a Dian Fossey has her operation there cause it is jagged and hurts your feet. source of safe drinking water. Very for the silverback gorillas, which many They live on it. They pitch tents on it. near the small little lean-tos they live of us have seen on television. They are They walk their kids to school on it. in, they have two showers for 380 peo- caught in the middle of the crossfire of We went to a little health clinic there ple that they share and can use where the civil war. I came back to Goma. I and a baby was handed to me that was they had none before. They have basic had been there several years ago. I was a heartbreaking situation, clearly mal- sanitation and toilet facilities, which surprised at how many people said they nourished, who had just been brought they did not have at all. remembered I had been there and never in for a few days. They were trying to We were greeted by two beautiful lit- thought I would return because few rescue its life. Many of the children tle girls who gave us flowers and in- people do; it is such a hard, difficult there struggle with basic health needs. vited us to a coffee ceremony. place. We visited a hospital there They have a school which is better They couldn’t help but beam with called Heal Africa. We were greeted by than most would find in their home vil- pride as we took a look at the source of a lady with a British accent. As I came lages and some security. But each of water and sanitation that did not exist in, she said: Welcome back. I thought them told me: We don’t have enough before. So many thousands of people in she made a mistake. She thinks I am food. You look at their sources of Africa spend hours every day carrying somebody else. It turns out that, in water, they are limited. It is a tough water back and forth. Young girls are fact, I had visited her hospital 5 years situation. These people are there be- often denied the opportunity to go to ago. It had changed so much, I didn’t cause they were caught in the crossfire school because they have work to do. recognize it, but she was still there. of a war that continues. They didn’t do

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S732 CONGRESSIONAL RECORD — SENATE February 24, 2010 anything wrong. Some of them are try- response is, about 25 percent of the The Republican minority leader re- ing to rebuild their lives and stay safe Federal budget. The fact is, it is just cently said, referring to in a very difficult situation. over 1 percent in foreign aid around the Abdulmutallab: Finally, we had a chance to visit world. We spend far less as a percent- He was given a 50 minute interrogation, Sudan. I wished to go there because I age of our gross domestic product than probably Larry King has interrogated people have stood on the floor so many times many nations. But the work we do is so longer and better than that. After which he and given speeches about Darfur and absolutely essential for maintaining was assigned a lawyer who told him to shut up. the genocide that occurred there. In life, fighting disease, for making cer- addition to that troubled part of tain that young people have a fighting That is what the minority leader Sudan, there has been an ongoing bat- chance. said. But here are the facts. Experi- tle between north and south Sudan President Obama recognizes that. I enced counterterrorism agents from which appears to have resolved itself hope we can have bipartisan support to the FBI interrogated Abdulmutallab peacefully with an election that will be continue our help with foreign aid, when he arrived in Detroit. According held in the near future for the national even in this difficult time. to the Justice Department, during this legislature and then early next year to The last issue I will discuss on this initial interrogation, the FBI ‘‘ob- decide if south Sudan will be a separate trip Senator BROWN and I took is one I tained intelligence that has already country. There are about 8 million peo- will save for a separate presentation. proved useful in the fight against Al ple living in south Sudan. We traveled But without fail, in every African na- Qaeda.’’ After the interrogation, on the only road in south Sudan. We tion, I would ask them the same ques- Abdulmutallab refused to cooperate met with the man who is Vice Presi- tion: What is the presence of China in further with the FBI. Only then, after dent of Sudan now and would be Presi- your nation? Without fail, they would his refusal, did the FBI give him a Mi- dent, I believe, of the new south Sudan, say: It is interesting you would ask. randa warning. What the FBI did in Mr. Salva Kiir. He is a former rebel The Chinese are moving into Africa this case was nothing new. During the who fought in the bush for years, sur- in a way we should not ignore. They Bush administration, the FBI also gave rounded by Governors in south Sudan are providing capital assistance and Miranda warnings to terrorists de- who went through the same experience. loans to countries all over Africa, tained in the United States. I respect Senator MCCONNELL, but I In just a few months, they may need to which can provide them with minerals say, respectfully, that he got his facts build a nation. It is a daunting task. and resources for their economy and, wrong as stated on the floor of the Sen- I worry about it because when there ultimately, with markets for their ate. Frankly, this unfounded criticism is a power vacuum and a failed state in products. Leaders in Africa, such as the of the FBI and their techniques should Africa, people move in on it and use it President of Ethiopia, say to me: When be corrected. That is why I stand here for exploitive and terrorist purposes. the West walked away from Africa, today. We then went to Khartoum, which is China stepped in. Attorney General Eric Holder re- a legendary city in Africa, and met The Chinese have a strategy and a cently sent a detailed, 5-page letter to with representatives of the government goal. If we don’t become sensitive to it Senator MCCONNELL explaining what there, talking about many of the issues and what it will mean to the next gen- they face and the status of Darfur actually happened in this case. eration of people living in each of those I ask unanimous consent that it be today which, thank God, is more peace- countries, we will pay a heavy price. printed in the RECORD. ful than in years gone by. One of the We have to understand that these peo- There being no objection, the mate- more interesting conversations we had ple now may be in underdeveloped rial was ordered to be printed in the in Khartoum was with one of the Min- countries and struggling, but tomorrow RECORD, as follows: isters. I brought up the issue of global they will have a middle class, and they OFFICE OF THE ATTORNEY GENERAL, warming, wondering if this man in the will be purchasing goods and services. Washington, DC, February 3, 2010. middle of Africa, near the Equator, felt They will remember that their high- Hon. MITCH MCCONNELL, there was a need for us to be concerned ways and stadiums and schools were U.S. Senate, about global warming. built with loans from the Chinese. Inci- Washington, DC. He said: I can take you 300 meters dentally, those loans come with strings DEAR SENATOR MCCONNELL: I am writing in from where we are meeting now. I will attached. When the Chinese loan reply to your letter of January 26, 2010, in- show you the Nile River, and I will money to a country such as Ethiopia, quiring about the decision to charge Umar show you the impact of global warm- Farouk Abdulmutallab with federal crimes it is so a Chinese construction com- in connection with the attempted bombing of ing. We could walk out into stretches pany can build the project using Chi- Northwest Airlines Flight 253 near Detroit of land that used to be islands in the nese engineers, technicians, and work- on December 25, 2009, rather than detaining middle of the river. You can walk there ers. So they are providing work him under the law of war. An identical re- now because the river is so low. Many projects with the money they are loan- sponse is being sent to the other Senators people in that part of Africa depend on ing to each country and being repaid in who joined in your letter. the Nile for irrigation. We believe in local resources such as oil and min- The decision to charge Mr. Abdulmutallab in federal court, and the methods used to in- global warming. erals. If you want to know one of the causes terrogate him, are fully consistent with the We can’t ignore this reality. It is long-established and publicly known policies of the genocide in Darfur, it was be- happening all over the world. The Chi- and practices of the Department of Justice, cause that area is becoming a desert, nese have a plan. I am not sure Amer- the FBI, and the United States Government and people are fighting over what is ica has a plan. We should. as a whole, as implemented for many years left of land that can be cultivated. I f by Administrations of both parties. Those think about debates we have had on policies and practices, which were not criti- the floor of the Senate. In fact, there HANDLING OF TERRORIST cized when employed by previous Adminis- are Senators who proudly say there is SUSPECTS trations, have been and remain extremely ef- no such thing as global warming. I Mr. President, in recent weeks, my fective in protecting national security. They are among the many powerful weapons this wish they could have been with me in Republican colleagues have directed a country can and should use to win the war Khartoum and spoken to this man barrage of criticism at President against al-Qaeda. about evidence he is seeing in that far- Obama for his handling of terrorist I am confident that, as a result of the hard away place about changing climate and cases, and I wish to respond. work of the FBI and our career federal pros- changes in lifestyle, genocide, and war Let’s start with the recent case of ecutors, we will be able to successfully pros- that have followed global warming. It Umar Faruk Abdulmutallab, the man ecute Mr. Abdulmutallab under the federal is not just an environmental issue. It is who tried to explode a bomb on a plane criminal law. I am equally confident that the around Christmas when it was landing decision to address Mr. Abdulmutallab’s ac- a security issue. tions through our criminal justice system There are frequent debates about the in Detroit. My colleagues on the other has not, and will not, compromise our ability value of U.S. foreign assistance. When side have been very critical of the to obtain information needed to detect and Americans are asked, how much do we FBI’s decision to give Miranda warn- prevent future attacks. There are many ex- spend in foreign aid, the most common ings to Abdulmutallab. amples of successful terrorism investigations

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S733 and prosecutions, both before and after Sep- viding material support to al-Qaeda for pro- United States. The FBI’s current Miranda tember 11, 2001, in which both of these impor- viding the terrorist organization with infor- policy, adopted during the prior Administra- tant objectives have been achieved—all in a mation about possible U.S. targets for at- tion, provides explicitly that ‘‘[w]ithin the manner consistent with our law and our na- tack. Among other things, he was tasked by United States, Miranda warnings are re- tional security interests. Mr. Abdulmutallab al-Qaeda operatives overseas to assess the quired to be given prior to custodial inter- was questioned by experienced counterter- Brooklyn Bridge in New York City as a pos- views. . . .’’ In both terrorism and non-ter- rorism agents from the FBI in the hours im- sible post-9/11 target of destruction. After rorism cases, the widespread experience of mediately after the failed bombing attempt initially providing significant information law enforcement agencies, including the FBI, and provided intelligence, and more re- and assistance to law enforcement personnel, is that many defendants will talk and co- cently, he has provided additional intel- he was sentenced to 20 years in prison. In operate with law enforcement agents after ligence to the FBI that we are actively using 2002, the ‘‘Lackawanna Six’’ were charged being informed of their right to remain si- to help protect our country. We will con- with conspiring, providing, and attempting lent and to consult with an attorney. Exam- tinue to share the information we develop to provide material support to al-Qaeda ples include L’Houssaine Kherchtou, who with others in the intelligence community based upon their pre-9/11 travel to Afghani- was advised of his Miranda rights, cooper- and actively follow up on that information stan to train in the Al Farooq camp operated ated with the government and provided crit- around the world. by al-Qaeda. They pled guilty, agreed to co- ical intelligence on al-Qaeda, including their 1. Detention. I made the decision to charge operate, and were sentenced to terms rang- interest in using piloted planes as suicide Mr. Abdulmutallab with federal crimes, and ing from seven to ten years in prison. There bombers, and Nuradin Abdi, who provided to seek his detention in connection with are many other examples of successful ter- significant information after being repeat- those charges, with the knowledge of, and rorism prosecutions—ranging from Zacarias edly advised of his Miranda rights over a with no objection from, all other relevant de- Moussaoui (convicted in 2006 in connection two-week period. During an international partments of the government. On the with the 9/11 attacks and sentenced to life in terrorism investigation regarding Operation evening of December 25 and again on the prison) to Ahmed Omar Abu Ali (convicted in Crevice, law enforcement agents gained valu- morning of December 26, the FBI informed 2005 of conspiracy to assassinate the Presi- able intelligence regarding al-Qaeda military its partners in the Intelligence Community dent and other charges and sentenced to life commanders and suspects involved in bomb- that Abdulmutallab would be charged crimi- in prison) to Ahmed Ressam (convicted in ing plots in the U.K. from a defendant who nally, and no agency objected to this course 2001 for the Millenium plot to bomb the Los agreed to cooperate after being advised of, of action. In the days following December Angeles airport and sentenced to 22 years, a and waiving his Miranda rights. Other ter- 25—including during a meeting with the sentence recently reversed as too lenient and rorism subjects cooperate voluntarily with President and other senior members of his remanded for resentencing)—which I am law enforcement without the need to provide national security team on January 5—high- happy to provide upon request. Miranda warnings because of the non-custo- level discussions ensued within the Adminis- In fact, two (and only two) persons appre- dial nature of the interview or cooperate tration in which the possibility of detaining hended in this country in recent times have after their arrest and agree to debriefings in Mr. Abdulmutallab under the law of war was been held under the law of war. Jose Padilla thc presence of their attorneys. Many of explicitly discussed. No agency supported was arrested on a federal material witness these subjects have provided vital intel- the use of law of war detention for warrant in 2002, and was transferred to law of ligence on al-Qaeda, including several mem- Abdulmutallab, and no agency has since ad- war custody approximately one month later, bers of the Lackawanna Six, described above, vised the Department of Justice that an al- after his court-appointed counsel moved to who were arrested and provided information ternative course of action should have been, vacate the warrant. Ali Saleh Kahlah Al- about the Al Farooq training camp in Af- or should now be, pursued. Marri was also initially arrested on a mate- ghanistan; and Mohammad Warsame, who Since the September 11, 2001 attacks, the rial witness warrant in 2001, was indicted on voluntarily submitted to interviews with the practice of the U.S. government, followed by federal criminal charges (unrelated to ter- FBI and provided intelligence on his con- prior and current Administrations without a rorism) in 2002, and then transferred to law tacts with al-Qaeda in Afghanistan. There single exception, has been to arrest and de- of war custody approximately eighteen are other examples which I am happy to pro- tain under federal criminal law all terrorist months later. In both of these cases, the vide upon request. There are currently other suspects who are apprehended inside the transfer to law of war custody raised serious terrorism suspects who have cooperated and United States. The prior Administration statutory and constitutional questions in are providing valuable intelligence informa- adopted policies expressly endorsing this ap- the courts concerning the lawfulness of the tion whose identities cannot be publicly dis- proach. Under a policy directive issued by government’s actions and spawned lengthy closed. President Bush in 2003, for example, ‘‘the At- litigation. In Mr. Padilla’s case, the United The initial questioning of Abdulmutallab torney General has lead responsibility for States Court of Appeals for the Second Cir- was conducted without Miranda warnings criminal investigations of terrorist acts or cuit found that the President did not have under a public safety exception that has been terrorist threats by individuals or groups in- the authority to detain him under the law of recognized by the courts. Subsequent ques- side the United States, or directed at United war. In Mr. Al-Marri’s case, the United tioning was conducted with Miranda warn- States citizens or institutions abroad, where States Court of Appeals for the Fourth Cir- ings, as required by FBI policy, after con- such acts are within the Federal criminal ju- cuit reversed a prior panel decision and sultation between FBI agents in the field and risdiction or the United States, as well as for found in a fractured en banc opinion that the at FBI Headquarters, and career prosecutors related intelligence collection activities President did have authority to detain Mr. in the U.S. Attorney’s Office and at the De- within the United States.’’ Homeland Secu- Al-Marri, but that he had not been afforded partment of Justice. Neither advising rity Presidential Directive 5 (HSPD–5, Feb- sufficient process to challenge his designa- Abdulmutallab of his Miranda rights nor ruary 28, 2003). The directive goes on to pro- tion as an enemy combatant. Ultimately, granting him access to counsel prevents us from obtaining intelligence from him, how- vide that ‘‘[f]ollowing a terrorist threat or both Al-Marri (in 2009) and Padilla (in 2006) ever. On the contrary, history shows that the an actual incident that falls within the were returned to law enforcement custody, federal justice system is an extremely effec- criminal jurisdiction of the United States, convicted of terrorism charges and sentenced tive tool for gathering intelligence. The De- the full capabilities of the United States to prison. partment of Justice has a long track record shall be dedicated, consistent with United When Flight 253 landed in Detroit, the men of using the prosecution and sentencing States law and with activities of other Fed- and women of the FBI and the Department of process as a lever to obtain valuable intel- eral departments and agencies to protect our Justice did precisely what they are trained ligence, and we are actively deploying those national security, to assisting the Attorney to do, what their policies require them to do, tools in this case as well. General to identify the perpetrators and and what this nation expects them to do. In Some have argued that had Abdulmutallab bring them to justice.’’ the face of the emergency, they acted quick- been declared an enemy combatant, the gov- In keeping with this policy, the Bush Ad- ly and decisively to ensure the detention and ernment could have held him indefinitely ministration used the criminal justice sys- incapacitation of the individual identified as without providing him access to an attorney. tem to convict more than 300 individuals on the would-be bomber. They did so by fol- But the government’s legal authority to do terrorism-related charges. For example, lowing the established practice and policy of so is far from clear. In fact, when the Bush Richard Reid, a British citizen, was arrested prior and current Administrations, and de- administration attempted to deny Jose in December 2001 for attempting to ignite a tained Mr. Abdulmutallab for violations of Padilla access to an attorney, a federal judge shoe bomb while on a flight from Paris to federal criminal law. in New York rejected that position, ruling Miami carrying 184 passengers and 14 crew- 2. Interrogation. The interrogation of that Padilla must be allowed to meet with members. He was advised of his right to re- Abdulmutallab was handled in accordance his lawyer. Notably, the judge in that case main silent and to consult with an attorney with FBI policy that has governed interroga- was Michael Mukasey, my predecessor as At- within five minutes of being removed from tion of every suspected terrorist apprehended torney General. In fact, there is no court-ap- the aircraft (and was read or reminded of in the United States for many years. Across proved system currently in place in which these rights a total of four times within 48 many Administrations, both before and after suspected terrorists captured inside the hours), pled guilty in October 2002, and is 9/11, the consistent, well-known, lawful, and United States can be detained and held with- now serving a life sentence in federal prison. publicly-stated policy of the FBI has been to out access to an attorney; nor is there any In 2003, Iyman Faris, a U.S. citizen from provide Miranda warnings prior to any cus- known mechanism to persuade an uncoopera- Pakistan, pled guilty to conspiracy and pro- todial interrogation conducted inside the tive individual to talk to the government

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S734 CONGRESSIONAL RECORD — SENATE February 24, 2010 that has been proven more effective than the to detonate a bomb on a plane. So how Would Abdulmutallab’s family have criminal justice system. Moreover, while in does the Bush administration’s han- traveled to the United States and per- some cases defense counsel may advise their dling of the shoe bomber, Mr. Reid, suaded him to cooperate if they clients to remain silent, there are situations thought he was being tortured here? I in which they properly and wisely encourage compare with the Obama administra- cooperation because it is in their client’s tion’s handling of Abdulmutallab? The do not think so. A senior Obama ad- best interest, given the substantial sentences Bush administration detained and ministration official said: they might face. charged Reid as a criminal. They gave One of the principal reasons why his family 3. The Criminal Justice System as a Na- Reid a Miranda warning within 5 min- came back is that they had complete trust in tional Security Tool. As President Obama utes of being removed from the air- the U.S. system of justice and believed that [their son] would be treated fairly and appro- has made clear repeatedly, we are at war plane and they reminded him of his Mi- against a dangerous, intelligent, and adapt- priately. randa rights four times within the first able enemy. Our goal in this war, as in all You do not hear that much. There is 48 hours he was detained. others, is to win. Victory means defeating a belief that if you do not waterboard Has America heard that side of the the enemy without damaging the funda- a person or torture them, you are not story, as we have heard all these criti- mental principles on which our nation was going to get information. Exactly the founded. To do that, we must use every cisms about Miranda warnings for opposite happened here. This man was weapon at our disposal. Those weapons in- Abdulmutallab? treated respectfully through our sys- clude direct military action, military jus- The Republicans have been very crit- tice, intelligence, diplomacy, and civilian tem of justice. He was not given special ical of the Obama administration for favors. He was treated like the crimi- law enforcement. Each of these weapons has giving a Miranda warning to this De- virtues and strengths, and we use each of nal who I believe he is, and yet he was them in the appropriate situations. troit, attempted, would-be bomber 9 treated in such a manner that his fam- Over the past year, we have used the crimi- hours after he was first detained, after ily was willing to come to the United nal justice system to disrupt a number of a 50-minute interrogation. But they did States and beg him to cooperate with plots, including one in New York and Colo- not criticize their own Republican our government, which he did at the rado that might have been the deadliest at- President when his administration end of the day. tack on our country since September 11, 2001, gave a Miranda warning to the shoe So how do my Republican colleagues had it been successful. The backbone of that bomber 5 minutes after he was de- effort is the combined work of thousands of respond to this development? Did they FBI agents, state and local police officers, tained, and before he was interrogated commend the Obama administration career prosecutors, and intelligence officials at all. for successfully bringing his family around the world who go to work every day How do they square this? How can over and getting more information? to help prevent terrorist attacks. I am im- they be so critical of President Obama No. They now claim the intelligence mensely proud of their efforts. At the same when a similar parallel case was treat- from him was worthless. They have no time, we have worked in concert with our ed so differently under the Republican basis for saying that, but they do any- partners in the military and the Intelligence President? way. Community to support their tremendous In mid-January, Abdulmutallab During the previous administration, work to defeat the terrorists and with our partners overseas who have great faith in began talking again to FBI interroga- Republicans argued that detainees held our criminal justice system. tors and providing valuable intel- at Guantanamo were still providing The criminal justice system has proven to ligence—after the Miranda warnings. valuable intelligence for years after be one of the most effective weapons avail- FBI Director Robert Mueller described they were arrested. Now they are say- able to our government for both incapaci- it this way: ing that days and weeks after tating terrorists and collecting intelligence . . . over a period of time, we have been Abdulmutallab was arrested his intel- from them. Removing this highly effective successful in obtaining intelligence, not just ligence was worthless. They cannot weapon from our arsenal would be as foolish on day one, but on day two, day three, day have it both ways. as taking our military and intelligence op- four, and day five, down the road. My colleagues on the other side of tions off the table against al-Qaeda, and as dangerous. In fact, only by using all of our According to another law enforce- the aisle argue that Abdulmutallab instruments of national power in concert can ment official: should be held in military detention as we be truly effective. As Attorney General, I The information has been active, useful, an enemy combatant. But terrorists ar- am guided not by partisanship or political and we have been following up. The intel- rested in the United States have al- considerations, but by a commitment to ligence is not stale. ways been held under our criminal using the most effective course of action in How did this happen? The Obama ad- laws. Here is what Attorney General each case, depending on the facts of each Eric Holder said in his letter to Sen- case, to protect the American people, defeat ministration convinced Abdulmu- ator MCCONNELL: our enemies, and ensure the rule of law. tallab’s family to come to the United Since the September 11, 2001 attacks, the Sincerely, States. Then he started talking. And practice of the U.S. government, followed by ERIC H. HOLDER, Jr. his family persuaded him to cooperate. This is a very different approach prior and current Administrations without a Mr. DURBIN. Here is what General single exception, has been to arrest and de- Holder said: than we saw in the previous adminis- tain under federal criminal law all terrorist Across many administrations, both before tration, when detainees who refused to suspects who are apprehended inside the and after 9/11, the consistent, well-known, talk were subjected to torture tech- United States. lawful, and publicly stated policy of the FBI niques such as waterboarding. Without exception. That was the has been to provide Miranda warnings prior Real life is not like the TV show standard under the Bush administra- to any custodial interrogation conducted in- ‘‘24.’’ On TV, when Jack Bauer tortures tion. side the United States. someone, the suspect immediately ad- The Bush administration did move In fact, the Bush administration mits everything he knows. Here is two terror suspects out of the criminal adopted new policies for the FBI that what we learned during the Bush ad- justice system after they were ar- said ‘‘Within the United States, Mi- ministration. In real life, when people rested. One of them was Jose Padilla. randa warnings are required to be are tortured, they will say anything to He was designated as an enemy com- given prior to custodial interviews.’’ make the pain stop. So they often pro- batant and transferred to military de- That was a requirement from the Bush vide false information, not valuable in- tention. But then what happened? In a administration. Senator MCCONNELL telligence. court filing, the Bush administration and others have tried to politicize this Richard Clarke was the senior coun- admitted that Padilla had not talked issue when the facts tell us otherwise. terterrorism adviser to President Clin- to his interrogators for 7 months. They Let’s take one example from the ton and President George W. Bush. said: Bush administration. Richard Reid, the Here is what he said recently about the There are numerous examples of situations shoe bomber, tried to detonate an ex- Obama administration’s approach: where interrogators have been unable to ob- plosive in his shoe on a flight from The FBI is good at getting people to talk tain valuable intelligence from a subject Paris to Miami in December 2001. . . . they have been much more successful until months—or even years, after the inter- This was very similar to the at- than the previous attempts of torturing peo- rogation process began. tempted attack by Abdulmutallab, an- ple and trying to convince them to give in- Two important points about the other foreign terrorist who also tried formation that way. Padilla case: My Republican colleagues

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S735 criticize the Obama administration for The suggestion that somehow a military have an obligation to get the facts holding Abdulmutallab under our commission is the way to go isn’t borne out right when we either defend or criticize criminal laws. But Padilla was held in by the history of the military commissions. the President. military detention and the Bush ad- What would GEN Colin Powell know I am also concerned about the tone of ministration acknowledged that he did about the history of military commis- some of the criticism we have heard. not talk to his interrogators for at sions? A heck of a lot, having given his We can surely disagree with this ad- least 7 months. Second, Republicans life to the U.S. military in dedication ministration, but when I hear the argue that intelligence from to his country. His opinion means a lot President’s critics suggest that he is Abdulmutallab, after several weeks in to me. soft on terrorism and he does not care detention, was stale and worthless, but Military commissions are unproven about defending our country, that goes the Bush administration argued that venues, which ultimately may serve us over the line, as far as I am concerned. information gathered from Padilla well in some circumstances, but to say Recently, Senator MCCONNELL gave a after months—or even years—was still they are all good and courts are all bad speech to the Heritage Foundation, a valuable. is to ignore the obvious and ignore the conservative think tank on Capitol evidence. Hill, and he said the Obama adminis- There is no consistency in the posi- Just 2 days ago, there was more com- tration ‘‘has a pre-9/11 mindset’’ and tion they have taken on the other side pelling evidence about the effective- ‘‘has a blind spot when it comes to of the aisle. ness of Federal courts. Attorney Gen- prosecuting this war.’’ I think those In the end, the Bush administration eral Holder announced that Najibullah statements go too far. changed course on Padilla. They trans- Zazi has pleaded guilty to plotting to GEN Colin Powell has a different ferred him back to the criminal justice bomb the New York subway system. opinion, different than Senator MCCON- system for prosecution. He was con- Zazi, who planned the bombing with al- NELL. Here is what he said last week- victed. He is now serving a long sen- Qaida while he was in Pakistan, could end: tence in a Federal supermax prison— be sentenced to life in prison without convicted in our criminal courts. parole—convicted in the Federal crimi- To suggest that somehow we have become much less safe because of the actions of the What about the shoe bomber? Rich- nal courts. ard Reid was also prosecuted and con- administration, I don’t think that’s borne Here is what Attorney General Hold- out by the facts. victed in the criminal justice system. er said about the subway bombing plot: What is the motivation for this criti- He is now serving a life sentence with- This is one of the most serious terrorist out parole in a Federal supermax pris- threats to our nation since September 11th, cism of the President? Well, as Senator on, where he will never again threaten 2001 . . . This attempted attack on our home- MCCONNELL said to the Heritage Foun- an American life. land was real, it was in motion, and it would dation: My Republican colleagues did not have been deadly. . . . In this case as in so You can campaign on these issues any- many others, the criminal justice system has complain when the Bush administra- where in America. proved to be an invaluable weapon for dis- I guess he is right. I guess there is al- tion prosecuted Reid and Padilla in rupting plots and incapacitating terrorists. criminal courts. But now they argue ways room for fear, and peddling fear is I hope all my colleagues—Democrats something that is going to appeal to a terrorists such as Abdulmutallab and and Republicans—will join me in com- Khalid Shaikh Mohammed should be lot of people. It is right that we be mending the Obama administration for mindful of the threat of terrorism and tried in military commissions only be- their success in disrupting this dan- cause Federal courts are not well suit- we do everything in our power to stop gerous plot and bringing Zazi to jus- it from ever occurring again. But living ed to prosecute terrorists. tice. I sincerely hope this case will Well, let’s look at the numbers. Since and quivering in fear, is that what cause some of the critics of trying ter- America should be all about? 9/11, 195 terrorists have successfully rorists in Federal courts pause to at been prosecuted and convicted in our Richard Clarke, the senior counter- least reflect on the obvious. This was a terrorism adviser to Presidents Clinton Federal court system. Besides Reid and successful prosecution—another one, Padilla, here are just a few of the ter- and Bush, said: 195 of them since 9/11. Recent months have seen the party out of rorists who have been convicted in our There is a great irony here. For 8 Federal court system and are now serv- power picking fights over the conduct of our long years, during the Bush-Cheney ad- efforts against Al Qaeda, often with total ing long prison sentences: Ramzi ministration, Republicans used to disregard to the facts and frequently blowing Yousef, the mastermind of the 1993 argue that we should not criticize the issues totally out of proportion, while ignor- World Trade Center bombing; Omar administration’s national security ing the more important challenges we face in Abdel Rahman, the so-called Blind policies. Time and again, they told us defeating terrorists. Sheikh; and the 20th 9/11 hijacker, it was inappropriate—maybe even un- Mr. President, 9 years after 9/11, al- Zacarias Moussaoui, who was tried American, some of them said—for Con- Qaida still is a serious threat to Amer- across the river in Virginia and now gress to ask basic questions about the ica. We know that terrorists are plot- sits in a prison cell in Florence, CO. Bush administration’s policies on ting to attack us even as we speak. Compare this with the track record issues like Iraq, Guantanamo, torture, President Obama knows it as well. He of military commissions. Some would warrantless wiretapping. Time and understands as Commander in Chief have us believe that military commis- again, we were reminded there is only that he has a special commitment to sions have been so much more effective one Commander-in-Chief. But now Re- the American people to keep us safe. in going after terrorists. So let’s look publicans feel it is fair game to second- Congress is a political body and this is at the record. Mr. President, 195 terror- guess every decision President Obama an election year, but this issue is too ists have been successfully prosecuted makes in the area of combating ter- important to become a political foot- and convicted in our criminal courts. rorism. ball. Democrats and Republicans How about military commissions? I think we have a right, an obliga- should be united in supporting all of Since 9/11, only three individuals have tion, as Senators, to ask questions of the efforts of all of the good men and been convicted by military commis- all Presidents regardless of party. But women, including the President, in try- sions—that is 195 to 3—and two of those I think we also have an obligation for ing to fight terrorism and keep Amer- individuals spent less than a year in fairness and balance, as one of the no- ica safe. prison and are now living freely in torious networks says. In this case, I Mr. President, I yield the floor, and I their home countries of Australia and think if you look at the evidence in a suggest the absence of a quorum. Yemen. fair and balanced fashion, you can see The PRESIDING OFFICER. The GEN Colin Powell, the former head of we are in a situation where the ap- clerk will call the roll. the Joint Chiefs of Staff and Secretary proach of using Federal criminal courts The bill clerk proceeded to call the of State under President Bush, sup- has worked. It has worked because we roll. ports prosecuting terrorists in Federal know we have the very best in the FBI Mr. REID. Mr. President, I ask unan- courts. Here is what he said about mili- and the Department of Justice, and imous consent that the order for the tary commissions last week: they have a track record of success. We quorum call be rescinded.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S736 CONGRESSIONAL RECORD — SENATE February 24, 2010 The PRESIDING OFFICER. Without agreed to that request. The items that than any of the others; that is, unem- objection, it is so ordered. we are proposing to extend in my sub- ployment compensation, COBRA, and f stitute amendment include unemploy- the SGR. If there were ever an emer- ment insurance, COBRA, flood insur- gency—ever—in this body, certainly it UNANIMOUS CONSENT REQUEST— ance, highway funding, small business would be unemployment compensation H.R. 1586 loans, and small business provisions of and COBRA moneys. Mr. REID. Mr. President, I ask unan- the American Recovery Act, the Sat- I came to the floor earlier this year— imous consent that the Senate now ellite Home View Act, SGR—the so- it could have been late last year; time proceed to Calendar No. 36, H.R. 1586, called doctor fix—and poverty guide- flies—to try to get a permanent fix, as and that the Reid substitute amend- lines. All of these provisions will expire we call it, for the SGR for 10 years. ment, which is at the desk, be consid- on Sunday, February 28. That is this That did not get enough votes. That is ered read; that the Republican leader, coming Sunday. unfortunate. And this is really unfortu- or his designee, be recognized to offer a Agencies have been already sending nate. This SGR, the Medicare pay- substitute amendment, and that there out notices to unemployed workers— ments that will be allowed to doctors, be 60 minutes for debate with respect agencies such as a number of transpor- is for more than doctors; it is for doc- to that amendment, with the time tation departments around the country tors who will take Medicare patients. equally divided and controlled between have sent out notices that their work Many doctors in America today will the leaders or their designees; that had come to a stop, so they would not not take Medicare patients. If we do upon the use or yielding back of time, be getting benefits. not get this extended, a lot more will and if a budget point of order is made It is critical that these programs not take Medicare patients. against the amendment, a motion to continue so that Americans who are al- Our Medicaid programs throughout waive the relevant point of order be ready struggling can continue to get America are in deep trouble. I met considered made, and the Senate then this modest relief. Therefore, I regret Monday with 12 Governors. Everyone vote on a motion to waive the point of the objection of my friend from Ken- said they were in desperate shape for a order; that if the waiver is successful, tucky. I hope we can work through this lot of reasons, but one of the reasons is the amendment be agreed to and the objection and continue these important what has happened to Medicaid. Not Reid substitute, as amended, be agreed programs. only is it important to the doctors— to; that if the waiver fails, the amend- Mr. President, we have been told by and that is important—it is more im- ment be withdrawn; further, that there the Congressional Budget Office that portant to the patients, and many pro- be 30 minutes for debate with respect the No. 1 stimulative to our struggling grams to reimburse medical profes- to the Reid substitute amendment, economy is to give people who are out sionals—doctors—are based on what we of work, and have been out of work for with the time equally divided and con- have for Medicare reimbursement. If a long time, unemployment benefits. trolled between the leaders or their we do not get Medicare reimbursement, That money goes right into the econ- designees; that upon the use or yield- it is a cyclical thing that winds up omy—whether it is in Anchorage, Las ing back of time, and if a budget point tearing down the whole system. of order is made against the amend- Vegas, or Louisville. I say to my friend that I hope some- COBRA—there are people who are ment, a motion to waive the relevant one can come up with an idea during losing their jobs and they need the point of order be considered made, and the night that would allow us to get ability to buy insurance. Statutorily this done. We are going to take up this the Senate then vote on the motion to now they can do that, but this is going waive the point of order; that if the to expire. Highway funding—I have al- bill, all these items permanently next waiver is successful, the Senate pro- ready talked about that. It is just a week or at least most of it is for a year ceed to vote on adoption of the Reid real shame, and I am sorry that we or so. That will give us time to com- substitute amendment; further, that no can’t get this done by February 28. But plete all this business. Even though we further amendments or debate be in we can’t. This month would give us the passed the so-called jobs bill which ex- order; that upon disposition of the Reid time we need to complete our work. tended the highway bill for a year, the substitute amendment, the bill, as As far as unemployment benefits, no- House cannot get it done that quickly. amended, be read the third time; and tices have already gone out to thou- They can move more quickly than we following the reading by the clerk of sands of Americans that their benefits can, but they cannot move that quick- the budgetary effects of pay-go legisla- are going to be terminated—these un- ly. tion with respect to H.R. 1586, the Sen- employed workers. They are already Again, I hope we can work something ate proceed to vote on passage of the crushed with all the problems they out in the next 12 hours or so. There- bill, as amended; that upon passage the have, and now they are not going to fore, I object. title amendment, which is at the desk, have unemployment benefits. That is The PRESIDING OFFICER. Objec- be considered and agreed to. simply not right. tion is heard. The PRESIDING OFFICER. Is there I say to my friend again, I regret that The Senator from Kentucky. objection? we weren’t able to work this out today. Mr. REID. Mr. President, I was going Mr. BUNNING. Mr. President, I ob- I hope there is something we can do to to propound a unanimous consent re- ject. work through this objection. We need quest. The PRESIDING OFFICER. Objec- to continue these important programs. Mr. BUNNING. Go ahead. tion is heard. The PRESIDING OFFICER. The Sen- f Mr. REID. Mr. President, as usual, ator from Kentucky is recognized. MEDICARE PHYSICIAN PAYMENT prior to coming to call off the quorum, Mr. BUNNING. Mr. President, I ask REFORM ACT OF 2009 I had a visit with my friend from Ken- unanimous consent that the Senate Mr. REID. Mr. President, I ask unan- tucky, who is someone for whom I have proceed to the immediate consider- imous consent that the Senate proceed the greatest respect. I am going to ation of Calendar No. 36, H.R. 1586; that to Calendar No. 252, H.R. 3961. miss him so much, as I have said pub- the amendment at the desk, which is The PRESIDING OFFICER. The licly and privately. In the days of my the text of the Reid substitute, with an youth, I, of course, wanted to be the clerk will report the bill by title. offset, be agreed to; the bill, as amend- The legislative clerk read as follows: baseball player that he turned out to ed, be read the third time and passed; be. But that is another story. I didn’t A bill (H.R. 3961) to amend title XVIII of and the motion to reconsider be laid on the Social Security Act to reform the Medi- want to pitch. I wanted to be some- the table. care SGR payment system for physicians and thing else—a catcher or a shortstop. Mr. REID. Mr. President, reserving to reinstitute and update the Pay-As-You-Go Mr. President, I regret that my the right to object, with the provisions requirement of budget neutrality on new tax friend has objected to this modest re- that we are seeking to be extended, and mandatory spending legislation, en- quest. Earlier today, I was advised by there are some of them that cost forced by the threat of annual, automatic se- the Republican leadership that they money. questration. needed to have an amendment to be of- They all cost a little bit, but there There being no objection, the Senate fered on this bill. As noted above, we are three items here that cost more proceeded to consider the bill.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S737 Mr. REID. Mr. President, there is a cost of these extensions is another $10 to have this body and the other body substitute amendment at the desk, and billion. That means that $20 billion make a decision by voting on it. We are I ask unanimous consent that the goes directly to the debt of this coun- asking for a short extension. My per- amendment be considered and agreed try. sonal belief is that the extension of un- to and that the bill, as amended, be We just extended the debt limit to employment insurance is truly an read a third time. over $14 trillion. The reason I offered emergency, as I indicated earlier, as I The PRESIDING OFFICER. Without the offset that the leader objected to feel about COBRA. objection, it is so ordered. was so that my 40 grandkids don’t have I understand where my friend is com- The amendment (No. 3331) was agreed to pay the bill. We cannot keep shifting ing from. I have never been a part of to, as follows: our spending to our kids and our trying to fool him in any way inten- Strike all after the enacting clause and in- grandkids. tionally. As I understand it, we are sert the following: Believe me, I want to extend those willing to vote on this legislation. If we SECTION 1. EXTENSION OF SUNSETS. provisions just as badly as the leader are not able to work that out, I don’t (a) USA PATRIOT IMPROVEMENT AND RE- does, but we need to pay for them. know what can be more democratic AUTHORIZATION ACT OF 2005.—Section 102(b)(1) That is the reason I offered my sub- than that. We are all elected to make of the USA PATRIOT Improvement and Re- stitute to his original text. our choices here. I would be happy, as authorization Act of 2005 (Public Law 109–177; The PRESIDING OFFICER. The ma- I told the distinguished Senator from 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 jority leader. Kentucky, if he came up with some U.S.C. 1862 note) is amended by striking Mr. REID. Mr. President, let me say ‘‘February 28, 2010’’ and inserting ‘‘February way we could proceed on this issue, to 28, 2011’’. this: The bill we passed today is fully give every consideration to any pro- (b) INTELLIGENCE REFORM AND TERRORISM paid for. There is no deficit spending posal he would make. PREVENTION ACT OF 2004.—Section 6001(b)(1) whatsoever. In fact, everything was I suggest the absence of a quorum, of the Intelligence Reform and Terrorism paid for. Every part of that was paid Mr. President. Prevention Act of 2004 (Public Law 108–458; for. In passing that bill, there is not a The PRESIDING OFFICER. The 118 Stat. 3742; 50 U.S.C. 1801 note) is amended cent of red ink. clerk will call the roll. by striking ‘‘February 28, 2010’’ and inserting It is my understanding that with this The legislative clerk proceeded to ‘‘February 28, 2011’’. short extension we have tried to get call the roll. The PRESIDING OFFICER. The done today, my friend from Kentucky Mr. DURBIN. Mr. President, I ask question is on the engrossment of the believes it should be paid for by taking unanimous consent that the order for amendment and third reading of the money out of the stimulus funds—— the quorum call be rescinded. bill. Mr. BUNNING. Unspent stimulus The PRESIDING OFFICER. Without The amendment was ordered to be funds. objection, it is so ordered. engrossed and the bill to be read a Mr. REID. Yes—and pay for it that f third time. way. It is my understanding that we The bill, as amended, was read the are willing to have a vote on that. I say MORNING BUSINESS third time. to my friend, I am pretty sure that is Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. The bill what your leader and I spoke about. I unanimous consent that the Senate having been read the third time, the would be happy to have a vote on that. proceed to a period of morning busi- question is, Shall the bill, as amended, Mr. BUNNING. Mr. President, I ask ness, with Senators permitted to speak pass? for time to speak. for up to 10 minutes each. The bill (H.R. 3961), as amended, was The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without passed. ator from Kentucky. objection, it is so ordered. Mr. REID. I move to reconsider the Mr. BUNNING. I have been here 24 f vote, and I move to lay that motion on years, I say to the Senator from Ne- the table. vada. EXTENSION OF UNEMPLOYMENT The motion to lay on the table was Mr. REID. We came together. BENEFITS agreed to. Mr. BUNNING. And I have been Mr. DURBIN. Mr. President, the last Mr. REID. Mr. President, I ask unan- fooled by some things and some things item of business considered on the Sen- imous consent that the title amend- have gone past me and I woke up after ate floor was an effort to extend sev- ment, which is at the desk, be consid- it had already passed me. This is not eral provisions of law that will expire ered and agreed to and that the motion one of those things that was going to either late Saturday night or Sunday. to reconsider be laid upon the table. do that. Of course, we can have a vote One of these provisions is the extension The PRESIDING OFFICER. Without on it, and, of course, it can be defeated, of unemployment benefits. It is well objection, it is so ordered. and then, of course, we can pass the known across America that we have The amendment (No. 3332) was agreed bill without the money. I am not will- many people out of work. A lot of them to, as follows: ing to risk that $10 billion being added have reached the point where their un- (Purpose: To amend the title) to the deficit. I was not ready to risk employment benefits are about to ex- Amend the title so as to read: ‘‘An Act to voting on a bill I knew would not get pire. I have met with many of those extend expiring provisions of the USA PA- the amount of votes necessary to pay people in my State—in Springfield, in TRIOT Improvement and Reauthorization for it. If the majority leader would Chicago—and heard their stories, and Act of 2005 and Intelligence Reform and Ter- have included it in his UC, I would they are sadly very similar. Many of rorism Prevention Act of 2004 until February have had no problems. But he did not them have exhausted whatever savings 28, 2011.’’. include it in his UC. So that was the they had to try to keep their homes The PRESIDING OFFICER. The Sen- reason I asked to pay for it. and their families together. They are ator from Kentucky. Mr. REID. Mr. President, I don’t literally living on unemployment in- Mr. BUNNING. Mr. President, I want to delay this any longer than nec- surance benefits. would like to go back past the original essary. I don’t know how we could be Come Saturday or Sunday, thousands bill we just passed for the extension for more fair. I have not talked with my of people in my State and literally a year and explain what my amend- Democratic Senators, but I think there more than 1 million Americans will see ment did to the original text the leader may be some Senators on this side of their unemployment benefits stop; was propounding. I paid for it, and I the aisle who agree with Senator 65,000 people in Illinois will lose their paid for it out of stimulus money. BUNNING. That is why we are here. unemployment insurance benefits if we We passed in this body just last week Right now, we are in a very difficult do not extend this; 1.2 million Ameri- a pay-go that is extended to all the predicament. I think it would be too cans nationwide will lose their unem- bills that come through this body. We bad if people whose unemployment in- ployment benefits. passed a bill earlier this week on which surance is being terminated—all we are It is all right for us to debate. It is we did not do pay-go. We did not pay asking for is a few weeks, and then certainly our job to offer amendments for it—at least $10 billion of it. The after the extension it will give us time if we believe something should be

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S738 CONGRESSIONAL RECORD — SENATE February 24, 2010 amended. But at the end of the day I votes to lead a governing coalition after the that there are consequences for facilitating think we have to be sensitive and con- election, has suspended his campaign. . . . the deaths of Americans, for sponsoring ter- scious of the fact that a lot of people Many Sunni leaders are talking about a boy- rorism, for building nuclear weapons, for will start to suffer in ways that most cott.’’ ruthlessly oppressing Iranians at home, and The most serious concern here is not that for undermining the election process in Iraq. of us cannot imagine. When they lose Iraqi democracy is fledgling and flawed—we At the very least, Obama should slow down their unemployment benefits and their knew that. What’s troubling is the fact that the pace of American troop withdrawals in savings are exhausted, they are about Iran’s militant jihadi rulers are apparently Iraq and impose serious sanctions—the kind to lose their homes. I have seen that manipulating the process—with impunity. envisioned by the legislation recently passed happen, and it is going to continue to Most Iraqis do not want their country to by both the House and the Senate. be controlled by Iran. Most do not want it to happen. But Biden said nothing about sanctions to become an Iranian satrapy like Syria, Iraq’s Larry King. Instead he told him (and any Let’s do the right thing. Let’s find a neighbor to the west. Most Iraqis do not way through this difficulty. Let’s try Iranians who might be listening): ‘‘You’re want to live as Iranians have been living— going to see 90,000 American troops come to find a reasonable way to resolve it. under the thumb of oppressive theocrats and marching home by the end of the summer.’’ Let’s not leave here and go to the com- thuggish Revolutionary Guards. The vice president added: ‘‘You’re going to But Iraqis know that American troops—the fort and happiness of our families with see a stable government in Iraq that is actu- ‘‘strongest tribe’’—are leaving. The bullies in these people disadvantaged. ally moving toward a representative govern- Tehran, by contrast, may be staying right ment. I spent—I’ve been there 17 times now. f where they are. Iran’s rulers can give you I go about every two months—three months. money and weapons. Or they and their I know every one of the major players in all IRANIAN INFLUENCE IN IRAQ treacherous agents in Iraq can have you the segments of that society. It’s impressed eliminated. Mr. KYL. Mr. President, last week, me. I’ve been impressed how they have been Clifford May, the president of the The fact that Ali al-Lami is playing a cen- tral role in determining who can and who deciding to use the political process rather Foundation for the Defense of Democ- cannot run for election is—or should be— than guns to settle their differences.’’ racies, wrote in the National Review alarming. In 2008, he was detained by Amer- True: Biden has been a frequent flier to that the U.S. should renew its focus on ican forces in connection with an Iranian- Iraq, where he has argued against the ban- the Iranian regime’s influence in Iraq. backed ‘‘Special Groups’’ militia believed to ning of candidates who displease Tehran. He warned that the success of the surge have bombed a municipal building, killing Also true: He might as well have been talk- two State Department employees along with ing to a wall. in Iraq, which both the President and Iraq remains what it has been: a pivotal Vice President opposed when they six Iraqis. A ‘‘senior U.S. military intel- ligence official’’ told the Associated Press nation in the heart of the Middle East. Biden served in this body, could be trans- there were ‘‘multiple and corroborating re- may think he and his administration have formed into a ‘‘bipartisan failure’’ if we ports’’ pointing to al-Lami’s involvement. achieved something there. Obama may see don’t increase pressure on the Iranian Abdul Rahman al-Rashed, the general Iraq as a distraction from the war against regime. manager of al-Arabiya television, writing in ‘‘the real enemy’’ in Afghanistan. Conserv- Mr. President, I ask unanimous con- the international Arabic daily Asharq atives may view Iraq as a success Obama in- Alawsat, recently called al-Lami ‘‘the man herited from the Bush administration—and sent to have printed in the RECORD the to fear in Iraq. . . . He shows his claws at therefore no longer their problem. article to which I just referred. anyone who dares oppose him and he accuses All these views are wrong. It would be a There being no objection, the mate- his opponents of Baathism,’’ including even cruel irony—not to mention a terrible de- rial was ordered to be printed in the Gen. David Petraeus ‘‘who has fought the feat—if the sacrifices Americans have made RECORD, as follows: Baathists the most and if it weren’t for him, were, in the end, to produce an Iraq domi- [From the National Review] al-Lami would not be able to reach his home nated by Iranian Supreme Leader Ali in one piece. Al-Lami accused Petraeus of Khamenei and President Mahmoud WHO’S LOSING IRAQ? Baathism (nobody has ever spoken such non- Ahmadinijad, enemies of Iraq, freedom, and AND COULD IRAN BE WINNING? sense) and said that if General Petraeus was democracy—enemies sworn to bringing about (By Clifford D. May) Iraqi he would have been charged under the a ‘‘world without America.’’ ‘‘I am very optimistic about—about Iraq. I Debaathification law.’’ Why don’t Biden and Obama recognize mean, this could be one of the great achieve- In an interview with the Times (U.K.), that? And why are their critics not more ments of this administration.’’ Petraeus pointedly noted that al-Lami’s vocal about the fact that they do not? panel has been linked with Iran’s Revolu- Vice President Joseph Biden’s comments f to CNN’s Larry King sparked a brouhaha for tionary Guard. And on Tuesday, Gen. Ray Odierno, the senior U.S. commander in Iraq, an obvious reason: When they were senators, VOTE EXPLANATION identified al-Lami as one of two Iraqi politi- Biden and Barack Obama opposed the cians ‘‘clearly . . . influenced by Iran.’’ Mr. MCCAIN. Mr. President, today I ‘‘surge’’ that averted America’s defeat in The ‘‘surge’’ implemented by Petraeus, missed rollcall vote No. 24, the motion Iraq. It takes chutzpah for them to now Odierno, and their troops was largely respon- claim credit for the fruits of that strategy. to waive the Budget Act with respect sible for the defeat of al-Qaeda in Iraq—the to the motion to concur in the House But a less obvious and more significant battlefield Osama bin Laden considered more point is being missed: Iraq may, in the end, consequential than any other. But Iran’s amendment to the Senate amendment turn out to be nobody’s achievement. It may proxy militias fought U.S. troops, too. And to H.R. 2847, with the Reid amendment turn out to be a military success trans- many Americans were killed by explosive de- No. 3310. I was regrettably detained due formed by politicians and diplomats into a vices manufactured in Iran and sent to Iraq to the fact that I was serving as the bipartisan failure. Recent developments in for that purpose. ranking member at a Senate Armed Iraq are ominous. The Obama administration Yet Iran’s contribution to the bloodshed in is not addressing them effectively. And con- Services Committee hearing. If I had Iraq was consistently downplayed. To high- been present, I would have voted to servative critics of the Obama administra- light it would have led to the question: ‘‘So tion are strangely silent. what are you going to do about it?’’ And the sustain the point of order. Robert Dreyfus is a journalist of the left Bush administration did not want to do any- f with whom I seldom agree; he writes for The thing about it—just as the Clinton adminis- Nation, a publication of the far left that usu- tration did not want to do anything about ADDITIONAL STATEMENTS ally makes my eyes roll. But in his Nation Iran’s role in the slaughter of American serv- blog, Dreyfus correctly notes that as the icemen at Khobar Towers in 1996, just as the campaign gets underway for Iraq’s March 7 Reagan administration did not want to do RECOGNIZING BULL MOOSE MUSIC elections, close to 500 candidates have been anything about Iran’s dispatching of ∑ banned for alleged ties to the Baath Party by Hezbollah suicide-bombers to kill Americans Ms. SNOWE. Mr. President, each day the Justice and Accountability Council, ‘‘an in Beirut in 1983, and just as the Carter ad- we read too many stories of small busi- unelected panel headed by an Iran-linked ministration did not want to do anything nesses unable to weather the current terrorist, Ali al-Lami.’’ about the seizure of the American Embassy economic storm. Countless small firms Among those barred are ‘‘the No. 2 and No. in Tehran in 1979. both in Maine and across the Nation 3 candidates in the main opposition bloc, the Ayatollah Ruhollah Khomeini, the father have been unable to compete with large Iraqi Nationalist Movement, which is led by of Iran’s 1979 Islamic Revolution, concluded: chain stores and have been literally former Prime Minister Iyad Allawi [a secular ‘‘America cannot do a damn thing!’’ The priced out of the market. Thankfully, Shia]. Already, two members of Allawi’s phrase has been repeated by Iranian rulers party have been assassinated while cam- ever since. today I wish to tell an inspirational paigning. . . . Allawi, who many observers President Obama ought to break with this success story and recognize a local re- say had a credible chance of winning enough pattern of fecklessness. He should show Iran tailer in my home State of Maine that

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S739 has met the challenges of this difficult stacles it faces in today’s market. Sto- MEASURES REFERRED economic climate head on and con- ries such as this should renew our focus The following bill was read the first tinues to grow and thrive. to help small entrepreneurs succeed be- and the second times by unanimous Bull Moose is a small retail chain cause as small businesses like Bull consent, and referred as indicated: originally founded in Brunswick, ME. Moose continue to grow, they provide a H.R. 3695. An act to authorize funding for, The company initially focused on pro- substantial positive impact on the viding its customers solely with music and increase accessibility to, the National health of the local community and our Missing and Unidentified Persons System, to but has now branched out into many overall economy. My home State of facilitate data sharing between such system forms of entertainment and media, in- Maine has benefited greatly from Bull and the National Crime Information Center cluding movies, games, and books. Its Moose’s success, and I wish Mr. database of the Federal Bureau of Investiga- founder and president, Brett Wickard, Wickard and everyone at Bull Moose tion, to provide incentive grants to help fa- characterizes Bull Moose as selling continued success for years to come.∑ cilitate reporting to such systems, and for ‘‘inexpensive fun stuff.’’ Twenty years other purposes; to the Committee on the Ju- ago, when Mr. Wickard was a college f diciary. student at Brunswick’s Bowdoin Col- MESSAGES FROM THE PRESIDENT f lege, the local record store closed Messages from the President of the EXECUTIVE AND OTHER down. Now many of us would have just COMMUNICATIONS found another place to buy cassettes or United States were communicated to records, but this young Bowdoin entre- the Senate by Mr. Williams, one of his The following communications were preneur had a different idea. With just secretaries. laid before the Senate, together with accompanying papers, reports, and doc- $7,000 of his own money and a small f loan, Brett Wickard launched Bull uments, and were referred as indicated: Moose Music in the summer of 1989, EXECUTIVE MESSAGES REFERRED EC–4796. A communication from the Direc- and a truly homegrown business suc- As in executive session the Presiding tor of the Regulatory Management Division, Office of Policy, Economics, and Innovation, cess story began. Mr. Wickard arranged Officer laid before the Senate messages his course schedule around his new Environmental Protection Agency, transmit- from the President of the United ting, pursuant to law, the report of a rule en- store hours and had friends work in the States submitting sundry nominations store while he was in class. titled ‘‘Laminarin; Exemption from the Re- which were referred to the appropriate quirement of a Tolerance’’ (FRL No. 8812–1) The Bull Moose business plan began committees. received during adjournment of the Senate by looking up record distributors in (The nominations received today are in the Office of the President of the Senate the Yellow Pages and ordering one printed at the end of the Senate pro- on February 19, 2010; to the Committee on album by every artist and band that ceedings.) Agriculture, Nutrition, and Forestry. had released at least two albums. The EC–4797. A communication from the Direc- thought process was if you made a sec- f tor of the Regulatory Management Division, ond album, you must be a good band. Office of Policy, Economics, and Innovation, MESSAGES FROM THE HOUSE In the first summer, Bull Moose Music Environmental Protection Agency, transmit- had sales of barely $100 a day, and At 9:37 a.m., a message from the ting, pursuant to law, the report of a rule en- House of Representatives, delivered by titled ‘‘Trichoderma gamsii strain ICC 080; Brett was forced to use his credit card Exemption from the Requirement of a Toler- as a tool to survive. But with dedica- Mr. Novotny, one of its reading clerks, ance’’ (FRL No. 8799–4) received during ad- tion and perseverance, Bull Moose has announced that the House has passed journment of the Senate in the Office of the grown from these humble beginnings in the following bill, in which it requests President of the Senate on February 19, 2010; Brunswick to include 10 stores in both the concurrence of the Senate: to the Committee on Agriculture, Nutrition, Maine and New Hampshire with over H.R. 3695. An act to authorize funding for, and Forestry. 100 employees. To keep up with the and increase accessibility to, the National EC–4798. A communication from the Direc- added demand, the company has now Missing and Unidentified Persons System, to tor of the Regulatory Management Division, produced its own software to analyze facilitate data sharing between such system Office of Policy, Economics, and Innovation, and the National Crime Information Center Environmental Protection Agency, transmit- which albums and artists it should ting, pursuant to law, the report of a rule en- carry based on the purchasing history database of the Federal Bureau of Investiga- tion, to provide incentive grants to help fa- titled ‘‘Nicosulfuron; Pesticide Tolerances of each of the store’s customers. Mr. cilitate reporting to such systems, and for for Emergency Exemptions’’ (FRL No. 8812–5) Wickard actually designed the Bull other purposes. received during adjournment of the Senate Moose purchasing software as his sen- in the Office of the President of the Senate ior project while still a Bowdoin stu- At 12:51 p.m., a message from the on February 19, 2010; to the Committee on dent—quite an upgrade from scouring House of Representatives, delivered by Agriculture, Nutrition, and Forestry. the Yellow Pages! Mr. Novotny, one of its reading clerks, EC–4799. A communication from the Ad- ministrator of the National Organic Pro- Bull Moose recently celebrated its announced that the House has passed 20th anniversary and is on track to gram, Agricultural Marketing Service, De- the following bill, in which it requests partment of Agriculture, transmitting, pur- have its best year ever despite the cur- the concurrence of the Senate: suant to law, the report of a rule entitled rent recession. Nevertheless, it con- H.R. 2314. An act to express the policy of ‘‘National Organic Program; Access to Pas- tinues to face the challenges con- the United States regarding the United ture (Livestock)’’ ((Docket No. AMS–TM–06– fronting many small businesses. Be- States relationship with Native Hawaiians 0198)(RIN0581–AC57)) received in the Office of yond the severity of the economic and to provide a process for the recognition the President of the Senate on February 23, downturn, large chain stores make it by the United States of the Native Hawaiian 2010; to the Committee on Agriculture, Nu- increasingly difficult to compete, and governing entity. trition, and Forestry. EC–4800. A communication from the Ad- digital downloads of music have re- ENROLLED BILL SIGNED duced the number of customers buying ministrator of the Research and Promotion At 2:35 p.m., a message from the Branch, Agricultural Marketing Service, De- music in stores. As a result of these House of Representatives, delivered by partment of Agriculture, transmitting, pur- overwhelming roadblocks, many small Mrs. Cole, one of its reading clerks, an- suant to law, the report of a rule entitled businesses have been forced to cut staff nounced that the Speaker has signed ‘‘Processed Raspberry Promotion, Research, and eliminate bonuses. In contrast, the following enrolled bill: and Information Order; Referendum Proce- Bull Moose has tripled Christmas bo- 4532. An act to provide for permanent ex- dures’’ ((Docket Nos. AMS–FV–07–0077; FV– nuses and continues to hire more staff, tension of the attorney fee withholding pro- 07–705–FR)(RIN0581–AC79)) received in the Of- including a location in Bangor, ME, cedures under title II of the Social Security fice of the President of the Senate on Feb- that has tripled in size. Mr. Wickard Act to title XVI of such Act, and to provide ruary 23, 2010; to the Committee on Agri- credits Bull Moose’s commitment to for permanent extension of such procedures culture, Nutrition, and Forestry. EC–4801. A communication from the Ad- customer service and convenience to under titles II and XVI of such Act to quali- fied non-attorney representatives. ministrator of the Fruit and Vegetable Pro- their unprecedented success and grams, Agricultural Marketing Service, De- growth. The enrolled bill was subsequently partment of Agriculture, transmitting, pur- It is indeed refreshing to see a superb signed by the President pro tempore suant to law, the report of a rule entitled small business overcome the many ob- (Mr. BYRD). ‘‘Grapes Grown in a Designated Area of

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S740 CONGRESSIONAL RECORD — SENATE February 24, 2010 Southeastern California and Imported Table ury, transmitting, pursuant to law, the re- of the Senate in the Office of the President Grapes; Change in Regulatory Periods’’ port of a rule entitled ‘‘Risk-Based Capital of the Senate on February 12, 2010; to the (Docket Nos. AMS–FV–06–0184; FV03–925–1 Guidelines; Capital Adequacy Guidelines; Committee on Commerce, Science, and FIR) received in the Office of the President Capital Maintenance: Regulatory Capital; Transportation. of the Senate on February 23, 2010; to the Impact of Modifications to Generally Ac- EC–4820. A communication from the Chair- Committee on Agriculture, Nutrition, and cepted Accounting Principles; Consolidation man of the Council of the District of Colum- Forestry. of Asset-Backed Commercial Paper Pro- bia, transmitting, pursuant to law, a report EC–4802. A communication from the Sec- grams; and Other Related Issues’’ (RIN1557– on D.C. Act 18–306, ‘‘Department of Small retary of Health and Human Services, trans- AD26) received during adjournment of the and Local Business Development Amend- mitting, pursuant to law, a report entitled Senate in the Office of the President of the ment Act of 2009’’; to the Committee on ‘‘Child Welfare Outcomes 2003–2006: Report to Senate on February 19, 2010; to the Com- Homeland Security and Governmental Af- Congress’’; to the Committee on Finance. mittee on Banking, Housing, and Urban Af- fairs. EC–4803. A communication from the Chief fairs. EC–4821. A communication from the Chair- of the Publications and Regulations Branch, EC–4813. A communication from the Direc- man of the Council of the District of Colum- Internal Revenue Service, Department of the tor of the Regulatory Management Division, bia, transmitting, pursuant to law, a report Treasury, transmitting, pursuant to law, the Office of Policy, Economics, and Innovation, on D.C. Act 18–307, ‘‘Pre-k Acceleration and report of a rule entitled ‘‘Revenue Ruling: Environmental Protection Agency, transmit- Clarification Temporary Amendment Act of 2010 Prevailing State Assumed Interest ting, a report entitled ‘‘Final Clarification 2010’’; to the Committee on Homeland Secu- Rates’’ (Rev. Rul. 2010–7) received in the Of- for Chemical Identification Describing Acti- rity and Governmental Affairs. fice of the President of the Senate on Feb- vated Phosphors for TSCA Inventory Pur- EC–4822. A communication from the Chair- ruary 23, 2010; to the Committee on Finance. poses’’; to the Committee on Environment man of the Council of the District of Colum- EC–4804. A communication from the Chief and Public Works. bia, transmitting, pursuant to law, a report of the Publications and Regulations Branch, EC–4814. A communication from the Direc- on D.C. Act 18–308, ‘‘Old Morgan School Internal Revenue Service, Department of the tor of the Regulatory Management Division, Place, N.W. Renaming Temporary Amend- Treasury, transmitting, pursuant to law, the Office of Policy, Economics, and Innovation, ment Act of 2010’’; to the Committee on report of a rule entitled ‘‘Applicable Federal Environmental Protection Agency, transmit- Homeland Security and Governmental Af- Rates—March 2010’’ (Rev. Rul. 2010–8) re- ting, pursuant to law, the report of a rule en- fairs. ceived in the Office of the President of the titled ‘‘Approval and Promulgation of Air EC–4823. A communication from the Asso- Senate on February 23, 2010; to the Com- Quality Implementation Plans; Indiana; ciate General Counsel for General Law, De- mittee on Finance. Volatile Organic Compound Emission Con- partment of Homeland Security, transmit- EC–4805. A communication from the Chief trol Measures for Lake and Porter Counties ting, pursuant to law, a report relative to a of the Publications and Regulations Branch, in Indiana’’ (FRL No. 9107–2) received during vacancy in the position of Commissioner, Internal Revenue Service, Department of the adjournment of the Senate in the Office of U.S. Customs and Border Protection, re- Treasury, transmitting, pursuant to law, the the President of the Senate on February 19, ceived in the Office of the President of the report of a rule entitled ‘‘Correction to Com- 2010; to the Committee on Environment and Senate on February 2, 2010; to the Com- posite Loss Discount Factor for Nonpropor- Public Works. mittee on Homeland Security and Govern- tional Assumed Property Reinsurance in EC–4815. A communication from the Direc- mental Affairs. Revenue Procedure 2009–55’’ (Ann. 2010–11) re- tor of the Regulatory Management Division, EC–4824. A communication from the Asso- ceived in the Office of the President of the Office of Policy, Economics, and Innovation, ciate General Counsel for General Law, De- Senate on February 23, 2010; to the Com- Environmental Protection Agency, transmit- partment of Homeland Security, transmit- mittee on Finance. ting, pursuant to law, the report of a rule en- ting, pursuant to law, a report relative to a EC–4806. A communication from the Chief titled ‘‘Approval and Promulgation of Air vacancy in the position of Deputy Adminis- of the Publications and Regulations Branch, Quality Implementation Plans; Virginia Re- trator, Federal Emergency Management Internal Revenue Service, Department of the visions to the Definition of Volatile Organic Agency, received in the Office of the Presi- Treasury, transmitting, pursuant to law, the Compound and Other Terms’’ (FRL No. 9116– dent of the Senate on February 2, 2010; to the report of a rule entitled ‘‘Notice: Qualified 1) received during adjournment of the Senate Committee on Homeland Security and Gov- Zone Academy Bond Allocations for 2010’’ in the Office of the President of the Senate ernmental Affairs. (Notice 2010–22) received in the Office of the on February 19, 2010; to the Committee on EC–4825. A communication from the Sec- President of the Senate on February 23, 2010; Environment and Public Works. retary of the Department of the Interior, EC–4816. A communication from the Direc- to the Committee on Finance. transmitting, a report relative to the man- EC–4807. A communication from the Direc- tor of the Regulatory Management Division, agement of individual Indian trust accounts; tor of Defense Procurement and Acquisition Office of Policy, Economics, and Innovation, to the Committee on Indian Affairs. Policy, Department of Defense, transmit- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- f titled ‘‘Whistleblower Protections for Con- titled ‘‘Approval and Promulgation of Air tractor Employees’’ (DFARS Case 2008–D012) Quality Implementation Plans; Virginia; REPORTS OF COMMITTEES received in the Office of the President of the Opacity Source Surveillance Methods’’ (FRL The following reports of committees Senate on February 22, 2010; to the Com- No. 9115–9) received during adjournment of were submitted: mittee on Armed Services. the Senate in the Office of the President of By Mr. KERRY, from the Committee on EC–4808. A communication from the Sec- the Senate on February 19, 2010; to the Com- Foreign Relations, without amendment and retary of Defense, transmitting a report on mittee on Environment and Public Works. with a preamble: the approved retirement of Lieutenant Gen- EC–4817. A communication from the Direc- S. Res. 404. A resolution supporting full eral Emerson N. Gardner, Jr., United States tor of the Regulatory Management Division, implementation of the Comprehensive Peace Marine Corps, and his advancement to the Office of Policy, Economics, and Innovation, Agreement and other efforts to promote grade of lieutenant general on the retired Environmental Protection Agency, transmit- peace and stability in Sudan, and for other list; to the Committee on Armed Services. ting, pursuant to law, the report of a rule en- EC–4809. A communication from the Dep- titled ‘‘National Emission Standards for Haz- purposes. uty Secretary of Defense, Department of De- ardous Air Pollutants for Reciprocating In- S. Res. 414. A resolution expressing the fense, transmitting, pursuant to law, a re- ternal Combustion Engines’’ (FRL No. 9115– Sense of the Senate on the recovery, reha- port relative to Taiwan’s Air Defense Force; 7) received during adjournment of the Senate bilitation, and rebuilding of Haiti following to the Committee on Armed Services. in the Office of the President of the Senate the humanitarian crisis caused by the Janu- EC–4810. A communication from the Sec- on February 19, 2010; to the Committee on ary 12, 2010, earthquake in Haiti. retary of Energy, transmitting, pursuant to Environment and Public Works. f law, the Department of Energy’s Fiscal Year EC–4818. A communication from the Ad- 2009 Competitive Sourcing Activity Report; ministrator of the Federal Aviation Admin- EXECUTIVE REPORTS OF to the Committee on Energy and Natural Re- istration, Department of Transportation, COMMITTEE sources. transmitting, pursuant to law, a report enti- The following executive reports of EC–4811. A communication from the Execu- tled ‘‘National Airspace System Capital In- tive Director, Federal Energy Regulatory vestment Plan FY 2011 through 2015’’; to the nominations were submitted: Commission, transmitting, pursuant to law, Committee on Commerce, Science, and By Mr. KERRY for the Committee on For- the report of a rule entitled ‘‘Annual Update Transportation. eign Relations. of Filing Fees’’ (RIN1902–AD90) received in EC–4819. A communication from the Assist- *Donald E. Booth, of Virginia, a Career the Office of the President of the Senate on ant General Counsel for Regulatory Affairs, Member of the Senior Foreign Service, Class February 22, 2010; to the Committee on En- Consumer Product Safety Commission, of Minister-Counselor, to be Ambassador Ex- ergy and Natural Resources. transmitting, pursuant to law, the report of traordinary and Plenipotentiary of the EC–4812. A communication from the Regu- a rule entitled ‘‘Guidelines and Require- United States of America to the Federal latory Specialist, Office of the Comptroller ments for Mandatory Recall Notices’’ (16 Democratic Republic of Ethiopia. of the Currency, Department of the Treas- CFR Part 1115) received during adjournment Nominee: Donald Ernest Booth.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S741 Post: Ambassador to Ethiopia. Fund; $1,000, 2/29/08, Judy Feder for Congress; 1. David I. Adelman, $250, 2/29/08, Friends of (The following is a list of all members of $2,000, 12/25/07, Loesback for Congress; $2,000, John Barrow; $2,300, 3/18/07, Obama for Amer- my immediate family and their spouses. I 11/16/07, Ken Salazar for Senate; $2,300, 8/24/07, ica; $250, 7/14/08, John Lewis/Congress; $500, 9/ have asked each of these persons to inform Barack Obama for America; $2,000, 7/18/07, 4/08, Martin for Senate Inc.; $2,300, 10/13/08, me of the pertinent contributions made by Citizens for Arlen Specter; $2,300, 6/25/07, Obama Victory Fund; $250, 12/6/05, Friends of them. To the best of my knowledge, the in- Barack Obama for America; $2,100, 10/26/06, John Barrow; $500, 2/9/06, Forward Together formation contained in this report is com- Steele for Maryland; $2,100, 10/20/06, Harold PAC (Sen. Mark Warner); $250, 7/20/06, Com- plete and accurate.) Ford Jr. for Tennessee; $4,000, 8/30/06, People mittee to Elect Hank Johnson; $250, 5/3/06, Contributions, amount, date, and donee: for Carl Andrews; $4,000, 8/29/06, Rangel for Evan Bayh Committee. 1. Self: None. Congress; $2,000, 7/5/06, Committee to Re- 2. Spouse: Caroline A. Aronovitz: None. 2. Spouse: Anita S. Booth: None. Elect Ed Towns; $2,000, 3/22/06, Chris Owens 3. Oscar Adelman, Minor: None; Leah 3. Children and Spouses: Alison L. Booth, for Congress; $5,000, 9/27/05, Hope Fund; $2,500, Adelman, Minor: None; Avery Adelman, none; Peter R. Booth, none; David I. Booth, 2/14/05, ROYB Fund. Minor: None. none. 2. Anthony Welters: $1,900, Nov 2009, People 4. Parents: Nelson Adelman (Father), None; 4. Parents: John E. Booth (deceased), none; for Carl Andrews; $2,300, 1/7/09, Hillary For Donna Adelman (Mother), None. Eileen R. Booth (deceased), none. President Debt Relief; $5,000, Jan–Dec/2008, 5. Grandparents: Sue Dahab, None. 5. Grandparents: Ernest Ford (deceased), United for Health PAC; $4,600, 11/13/08, Relect 6. Brother: Mark Adelman, None; Sister-in- none; Lena Ford (deceased), none, Edward Ed Towns—Primary/General 2010; $5,000, 11/ Law: Becky Adelman, None. Booth (deceased), none; Margaret Booth (de- 13/08, Effective Leadership PAC; $2,300, 10/31/ 7. Sisters and Spouses: NA. ceased), none. 08, Pat Murphy for Congress; $2,300, 10/23/08, 6. Brothers and Spouses: John L. Booth, Citizens for Bobby Rush; $2,300, 9/19/08, San- *Harry K. Thomas, Jr., of New York, a Ca- none; Tibby Booth, none. ford Bishop of Congress; $5,000, 9/16/08, Com- reer Member of the Senior Foreign Service, 7. Sisters and Spouses: Camilla Noyes, mittee for Change; $4,600, 9/8/08, Friends of Class of Minister-Counselor, to be Ambas- none; George Noyes, none. Byron Dorgan; $1,000, 7/9/08, Nelson for Sen- sador Extraordinary and Plenipotentiary of ate; $28,500, 6/30/08, Democrat for White the United States of America to the Republic *Scott H. DeLisi, of Minnesota, a Career House Victory Fund; $2,300, 5/14/08, Com- of the Philippines. Member of the Senior Foreign Service, Class mittee to Re-Elect Ed Towns; $2,300, 3/8/08, Nominee: Harry K. Thomas Jr. of Minister-Counselor, to be Ambassador Ex- Myers for Congress Committee; $2,300, 2/26/08, Post: Manila. traordinary and Plenipotentiary of the Rudy Giuliani Presidential Campaign; $5,000, (The following is a list of all members of United States of America to the Federal Jan–Dec/2007, United for Health PAC; $2,300, my immediate family and their spouses. I Democratic Republic of Nepal. 8/24/07, Barack Obama for America; $2,300, 8/ have asked each of these persons to inform Nominee: Scott H. DeLisi. 16/07, Thompson for President; $2,000, 7/18/07, me of the pertinent contributions made by Post: Kathmandu, Nepal. Citizens for Arlen Spector; $2,300, 6/25/07, them. To the best of my knowledge, the in- (The following is a list of all members of Barack Obama for America; $1,000, 5/28/07, formation contained in this report is com- my immediate family and their spouses. I Committee to Re-Elect Ed Towns; $4,200, 4/23/ plete and accurate.) have asked each of these persons to inform 07, Giffords For Congress; $4,600, 4/18/07, Contributions, amount, date, and donee: me of the pertinent contributions made by Thompson for President; $4,600, 4/12/07, Rudy 1. Self: 150, 10/08, Obama for America. them. To the best of my knowledge, the in- Giuliani Presidential Campaign; $5,000, Jan- 2. Spouse: None. formation contained in this report is com- Dec/2006, United for Health PAC; $2,100, 10/26/ 3. Children and Spouses: Ericka Smith- plete and accurate.) 06, Steele for Maryland; $4,200, 10/23/06, Har- Thomas (spouse); Casey Thomas (daughter). 4. Parents: Harry K. Thomas Sr. (deceased) Contributions, amount, date, and donee: old Ford Jr. for Tennessee; $2,100, 10/20/06, Hildonia M. Thomas, None. Self: $112.58, Oct. ’08, Obama Presidential Harold Ford Jr. for Tennessee; $3,000, 10/17/06, 5. Grandparents: Charles McClary, Merie Campaign 2008. MIKER Fund; $175, 10/5/06, Kean for Senate; McClary, Frank Thomas, Mary Thomas (all Spouse: Leija C. DeLisi: $80.00, Oct. ’08, $4,000, 8/29/06, Rangel for Congress; $4,000, 8/29/ deceased), None. Obama Presidential Campaign 2008. 06, People for Carl Andrews; $1,000, 7/7/06, 6. Sisters and Spouses: Nelda Canada, Dan- Children and spouses: Daughter/Son-in-law. Committee to Re-Elect Ed Towns; $2,000, 3/22/ iel Canada: 200, 7/08, Obama for America; 50, Tjiama & Joe Saitta, $75.00, Oct. ’08, Obama 06, Chris Owens for Congress; $5,000, Jan–Dec/ 6/8, DNC. Presidential Campaign 2008; Son: Anthony 2005, United for Health PAC; $2,500, 12/22/05, DeLisi, $120.00; Son: Joe DeLisi, None. Reynolds for Congress; $2,000, 12/21/05, Snowe Parents: Glorie A. DeLisi, $75.00, Oct. ’08, *Allan J. Katz, of Florida, to be Ambas- for Senate; $5,000, 9/27/05, Hope Fund; $2,000, 3/ Obama Presidential Campaign 2008; Joseph sador Extraordinary and Plenipotentiary of 12/05, Committee to Re-Elect Ed Towns; DeLisi (deceased). the United States of America to the Por- $2,000, 7/12/05, Reynolds for Congress; $1,000, 7/ Grandparents: Agostino and Antonella tuguese Republic. 12/05, Sweeny for Congress; $4,000, 6/30/05, DeLisi (deceased), none; Elmer and Kath- Nominee: Allan J. Katz. Citizens for Bobby Rush; $4,200, 4/18/05, Mark erine Minea (deceased). (The following is a list of all members of Kennedy for Senate; $2,500, 3/7/05, ROYB Brothers and spouses: Andrew and Ida my immediate family and their spouses. I Fund. have asked each of these persons to inform DeLisi, none; Daniel (deceased) and Jill 3. Andrew Welters: $2,500, 4/29/09, Friends of me of the pertinent contributions made by DeLisi. Byron Dorgan; $5,000, 9/24/08, Committee for Sisters and Spouses: Sister: Deborah them. To the best of my knowledge, the in- Change; $2,300, 8/28/08, Hillary Clinton for Hannigan, $2,200.00, Oct. ’08, Obama Presi- formation contained in this report is com- President; $2,300, 6/30/08, Barack Obama for dential Campaign 2008; Brother-in-law: plete and accurate.) America; $28,500, 6/18/08, Democrat for White James Hannigan, $500.00; Christine and Ed- Contributions, amount, date, and donee: House Victory Fund; $4,600, 10/17/07, Hillary mond Perz, none; Martha and David Bogie, 1. Self: $2,300, 12/17/07, Obama for America; Clinton for President; $2,300, 9/12/07, Barack none. $1,274, 3/3/08, A Lot of People for Dave Obey; Obama for America. $500, 8/22/08, Linda Ketner for Congress; $500, 4. Bryant Welters: $2,500, 4/29/09, Friends of 10/30/08, Joe Garcia for Congress; $2,000, 12/23/ *Beatrice Wilkinson Welters, of Virginia, Byron Dorgan; $5,000, 9/24/08, Committee for 05, Bill Nelson for US Senate; $300, 6/11/04, to be Ambassador Extraordinary and Pleni- Change; $2,300, 8/28/08, Hillary Clinton for Akerman Senterfitt PAC; $300, 6/24/04, potentiary of the United States of America President; $2,300, 6/30/08, Barack Obama for Akerman Senterfitt PAC; $300, 7/15/04, to the Republic of Trinidad and Tobago. America; $28,500, 6/18/08, Democrat for White Akerman Senterfitt PAC; $250, 3/20/08, Su- Nominee: Beatrice Welters. House Victory Fund; $4,600, 10/17/07, Hillary zanne Kosms for Congress; $500, 12/25/07, Post: Trinidad and Tobago. Clinton for President; $2,300, 9/12/07, Barack David Loebsack for Congress; $53.83, 7/31/08, (The following is a list of all members of Obama for America; $2,100, 10/24/06, Harold Obama for America; (53.83), 9/30/08, re- my immediate family and their spouses. I Ford for Tennessee. have asked each of these persons to inform turned—Obama for America; $2,246, 7/31/08, me of the pertinent contributions made by *David Adelman, of Georgia, to be Ambas- Obama for America; ($2,246), 12/31/08, re- them. To the best of my knowledge, the in- sador Extraordinary and Plenipotentiary of turned—Obama for America; $2,300, 7/31/08, formation contained in this report is com- the United States of America to the Republic Obama for America; $1,000, 9/5/02, Florida plete and accurate.) of Singapore. Leadership PAC; $350, 5/9/01, Grassley Com- Name, amount, date, and campaign: Nominee: David I. Adelman. mittee Inc.; $250, 3/31/00, Patsy Kurth for con- 1. Beatrice Welters: $1,900, Nov 2009, People Post: gress; $1,000, 2/12/02, Friends of Max Cleland; for Carl Andrews; $2,300, 1/7/09, Hillary For (The following is a list of all members of $500, 7/11/03, Bob Graham for President; $250, President Debt Relief; $4,600, 11/12/08, Reelect my immediate family and their spouses. I 6/27/01, Citizens for Mark Shriver; $500, 12/23/ Ed Towns—Primary/General 2010; $5,000, 9/17/ have asked each of these persons to inform 03, Wasserman-Schultz for Congress; $250, 9/ 08, Committee for Change; $5,000, 9/16/08, me of the pertinent contributions made by 30/03, Dean for President; $873, 3/8/01, A Lot of Committee for Change; $3,000, 8/25/08, Friends them. To the best of my knowledge, the in- People for Dave Obey; $1,000, 10/1/99, Bill Nel- of Byron Dorgan; $5,000, 7/8/08, Democratic formation contained in this report is com- son for US Senate; $500, 4/26/06, Friends of Congressional Campaign Committee; $28,500, plete and accurate.) Hillary; $2,000, 4/19/04, John Kerry for Presi- 6/30/08, Democrat for White House Victory Contributions, amount, date, and donee: dent; $1,000, 3/16/00, Carnahan for Senate

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S742 CONGRESSIONAL RECORD — SENATE February 24, 2010 Committee; $1,000, 3/16/98, Friends of Bob States of America to the Sessions of the United States; to the Committee on the Ju- Graham Committee; $250, 4/11/03, Harold Ford General Assembly of the United Nations dur- diciary. Jr for Tennessee; $300, 8/29/00, DNC Services ing her tenure of service as Alternate Rep- By Mrs. GILLIBRAND: Corporation; $250, 3/17/06, McCaskill for Mis- resentative of the United States of America S. 3030. A bill to amend the Public Works souri; $1,000, 11/1/99, Bill Bradley for Presi- for Special Political Affairs in the United and Economic Development Act of 1965 to dent; $500, 10/21/98, Victory in New York; $500, Nations. eliminate cost-sharing requirements in con- 10/20/98, Schumer ‘98. *Rosemary Anne DiCarlo, of the District of nection with economic adjustment grants Spouse: Nacy E. Cohn: $500, 4/22/05 Ron Columbia, a Career Member of the Senior made to assist communities that have suf- Klein for Congress; $1,000, 6/30/08, Suzanne Foreign Service, Class of Minister-Counselor, fered economic injury as a result of military Kosmas for Congress; $2,300, 3/31/07, Obama to be the Deputy Representative of the base closures and realignments, defense con- for America; $2,300, 7/31/08, Obama for Amer- United States of America to the United Na- tractor reductions in force, and Department ica; $250, 1/18/04, Campaign for Florida’s Fu- tions, with the rank and status of Ambas- of Energy defense-related funding reduc- ture; $1,000, 10/27/04, Campaign for Florida’s sador Extraordinary and Plenipotentiary, tions; to the Committee on Environment and Future; $1,200, 12/19/03, Howard Dean for and the Deputy Representative of the United Public Works. America; $1,000, 3/28/02, Katy Sorenson for States of America in the Security Council of By Mr. LEAHY (for himself and Mr. Congress ($826.00 was returned); $1,000, 12/29/ the United Nations. GRASSLEY): 99, Bill Bradley for President. *Rosemary Anne DiCarlo, of the District of S. 3031. A bill to authorize Drug Free Com- 3. Children and Spouses: Ethan Katz, Son: Columbia, a Career Member of the Senior munities enhancement grants to address Several small contributions, all of which Foreign Service, Class of Minister-Counselor, major emerging drug issues or local drug cri- were less than $100 for which he did not keep to be Representative of the United States of ses; to the Committee on the Judiciary. records: Bradley for President, 1999; McCain America to the Sessions of the General As- By Mr. BARRASSO: for President, 2000; Dean for America, 2003– sembly of the United Nations, during her S. 3032. A bill to prohibit the enforcement 04; Obama for America, 2007–2008. Hagit Katz, tenure of service as Deputy Representative of a climate change interpretive guidance Daughter-in-law: no contributions. Matthew of the United States of America to the issued by the Securities and Exchange Com- Katz, Son: no contributions. United Nations. mission, and for other purposes; to the Com- 4. Parents: Deceased: no contibutions. *Douglas A. Rediker, of Massachusetts, to mittee on Banking, Housing, and Urban Af- 5. Grandparents: Deceased: no contribu- be United States Alternate Executive Direc- fairs. tions. tor of the International Monetary Fund for a By Mr. DURBIN (for himself, Mr. Brothers and Spouses: N/A: no contribu- term of two years. BROWN of Ohio, Mr. HARKIN, and Mr. tions. *Judith Ann Stewart Stock, of Virginia, to FRANKEN): 7. Sisters and Spouses: Joanne Katz: $250, be an Assistant Secretary of State (Edu- S. 3033. A bill to amend title 11, United 10/14/04, DNC Services Corporation; $382, 8/21/ cational and Cultural Affairs). States Code, to improve protections for em- 04, America Coming Together. In addition, ployees and retirees in business bank- several small contributions, all of which Mr. KERRY. Mr. President, for the Committee on Foreign Relations I re- ruptcies; to the Committee on the Judiciary. were less than $100 for which she did not By Mr. SCHUMER (for himself, Mr. keep records: Obama for America, 2007–08; port favorably the following nomina- MENENDEZ, Mr. LAUTENBERG, and Mr. Democratic National Committee, 2008; tion lists which were printed in the WARNER): Carnahan for Senate, 2009. Michelle Bartlett: RECORD on the dates indicated, and ask S. 3034. A bill to require the Secretary of no contributions. unanimous consent, to save the ex- the Treasury to strike medals in commemo- pense of reprinting on the Executive ration of the 10th anniversary of the Sep- *Ian C. Kelly, of Maryland, a Career Mem- Calendar that these nominations lie at tember 11, 2001, terrorist attacks on the ber of the Senior Foreign Service, Class of United States and the establishment of the Minister-Counselor, to be U.S. Representa- the Secretary’s desk for the informa- tion of Senators. National September 11 Memorial & Museum tive to the Organization for Security and Co- at the World Trade Center; to the Committee operation in Europe, with the rank of Am- The PRESIDING OFFICER. Without on Banking, Housing, and Urban Affairs. bassador. objection, it is so ordered. By Mr. BAUCUS (for himself and Mr. Nominee: Ian C. Kelly. *Foreign Service nomination of Earl W. TESTER): The following is a list of all members of Gast. S. 3035. A bill to require a report on the es- my immediate family and their spouses. I *Foreign Service nominations beginning tablishment of a Polytrauma Rehabilitation have each of these persons to inform me of with Suzanne E. Heinen and ending with Ber- Center or Polytrauma Network Site of the the pertinent contributions made by them. nadette Borris, which nominations were re- Department of Veterans Affairs in the north- To the best of my knowledge, the informa- ceived by the Senate and appeared in the ern Rockies or Dakotas, and for other pur- tion contained in this report is complete and CONGRESSIONAL RECORD on November 17, 2009. poses; to the Committee on Veterans’ Af- accurate. *Foreign Service nominations beginning fairs. Contributions, amount, date and donee: with Sean J. Mc Intosh and ending with Wil- By Mr. BAYH (for himself, Ms. COL- 1. Self: none. liam Qian Yu, which nominations were re- LINS, and Mr. LEMIEUX): 2. Spouse: none. ceived by the Senate and appeared in the S. 3036. A bill to establish the Office of the 3. Children and Spouses: Annalisa, William, CONGRESSIONAL RECORD on December 11, 2009. National Alzheimer’s Project; to the Com- John, and Joseph: none. mittee on Health, Education, Labor, and 4. Parents: Stella Kelly and William Kelly: *Nomination was reported with rec- Pensions. $25, 5/16/09, IL RNC; $50, 9/22/08, RNC; $15, 7/18/ ommendation that it be confirmed sub- By Mrs. MCCASKILL (for herself, Mr. 09, RNC; $50, 7/30/08, RNC; $11, 10/06/07, RNC; ject to the nominee’s commitment to FEINGOLD, and Mr. LEAHY): $25, 6/11/08, RNC; $25, 2/12/08, McCain for Pres; respond to requests to appear and tes- S. 3037. A bill to increase oversight of pri- $25, 1/1/08, McCain; $25, 10/31/07, McCain; $25, 9/ tify before any duly constituted com- vate security contractors and establish the 1/07, RNC; $20, 5/14/07, Rep. Maj. Fund; $25, 7/ mittee of the Senate. proper ratio of United States Government se- 16/06, RNC; $25, 4/18/06, RNC. curity personnel to private security contrac- 5. Grandparents: (Deceased): n/a. f 6. Brothers and Spouses: n/a. tors at United States missions where the 7. Sisters and Spouses: Kathryn Rutherford INTRODUCTION OF BILLS AND armed forces are engaged in combat oper- and Abigail Holman: none. JOINT RESOLUTIONS ations; to the Committee on Foreign Rela- tions. The following bills and joint resolu- *Walter Crawford Jones, of Maryland, to be By Mr. DODD (for himself and Mr. tions were introduced, read the first UDALL of New Mexico): United States Director of the African Devel- and second times by unanimous con- opment Bank for a term of five years. S.J. Res. 28. A joint resolution proposing *Ian Hoddy Solomon, of Maryland, to be sent, and referred as indicated: an amendment to the Constitution of the United States Executive Director of the By Mr. KERRY (for himself and Ms. United States relating to contributions and International Bank for Reconstruction and SNOWE): expenditures intended to affect elections; to Development for a term of two years. S. 3028. A bill to amend title XVIII of the the Committee on the Judiciary. *Leocadia Irine Zak, of the District of Co- Social Security Act to eliminate the 190-day f lumbia, to be Director of the Trade and De- lifetime limit on inpatient psychiatric hos- velopment Agency. pital services under the Medicare program; SUBMISSION OF CONCURRENT AND *Brooke D. Anderson, of California, to be to the Committee on Finance. SENATE RESOLUTIONS Alternate Representative of the United By Mr. KERRY (for himself and Mr. The following concurrent resolutions States of America for Special Political Af- LUGAR): fairs in the United Nations, with the rank of S. 3029. A bill to establish an employment- and Senate resolutions were read, and Ambassador. based immigrant visa for alien entrepreneurs referred (or acted upon), as indicated: *Brooke D. Anderson, of California, to be who have received significant capital from By Ms. LANDRIEU (for herself, Mrs. an Alternate Representative of the United investors to establish a business in the LINCOLN, Mr. CHAMBLISS, Mrs.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S743 SHAHEEN, Ms. MURKOWSKI, Mr. the Social Security Act to phase out in the reserve components as quali- BARRASSO, Mr. BYRD, Mr. ISAKSON, the 24-month waiting period for dis- fying service for purposes of Post–9/11 and Mr. BENNETT): abled individuals to become eligible for Educational Assistance Program, and S. Res. 421. A resolution supporting the Medicare benefits, to eliminate the for other purposes. goals and ideals of ‘‘National Guard Youth Challenge Day’’; considered and agreed to. waiting period for individuals with life- S. 2760 threatening conditions, and for other f At the request of Mr. UDALL of New purposes. Mexico, the name of the Senator from ADDITIONAL COSPONSORS S. 753 Michigan (Ms. STABENOW) was added as S. 315 At the request of Mr. SCHUMER, the a cosponsor of S. 2760, a bill to amend At the request of Mr. FEINGOLD, the name of the Senator from California title 38, United States Code, to provide name of the Senator from Pennsyl- (Mrs. BOXER) was added as a cosponsor for an increase in the annual amount vania (Mr. CASEY) was added as a co- of S. 753, a bill to prohibit the manu- authorized to be appropriated to the sponsor of S. 315, a bill to amend title facture, sale, or distribution in com- Secretary of Veterans Affairs to carry 38, United States Code, to improve the merce of children’s food and beverage out comprehensive service programs outreach activities of the Department containers composed of bisphenol A, for homeless veterans. of Veterans Affairs, and for other pur- and for other purposes. S. 2776 poses. S. 886 At the request of Mr. ALEXANDER, the S. 369 At the request of Mr. NELSON of Flor- name of the Senator from Idaho (Mr. At the request of Mr. KOHL, the name ida, the name of the Senator from Lou- CRAPO) was added as a cosponsor of S. of the Senator from North Dakota (Mr. isiana (Ms. LANDRIEU) was added as a 2776, a bill to amend the Energy Policy DORGAN) was added as a cosponsor of S. cosponsor of S. 886, a bill to establish a Act of 2005 to create the right business 369, a bill to prohibit brand name drug program to provide guarantees for debt environment for doubling production of companies from compensating generic issued by State catastrophe insurance clean nuclear energy and other clean drug companies to delay the entry of a programs to assist in the financial re- energy and to create mini-Manhattan generic drug into the market. covery from natural catastrophes. projects for clean energy research and S. 408 S. 1221 development. NOUYE At the request of Mr. I , the At the request of Mr. SPECTER, the S. 2796 name of the Senator from North Caro- name of the Senator from North Caro- At the request of Mr. ENZI, the name lina (Mrs. HAGAN) was added as a co- lina (Mr. BURR) was added as a cospon- of the Senator from South Dakota (Mr. sponsor of S. 408, a bill to amend the sor of S. 1221, a bill to amend title THUNE) was added as a cosponsor of S. Public Health Service Act to provide a XVIII of the Social Security Act to en- 2796, a bill to extend the authority of means for continued improvement in sure more appropriate payment the Secretary of Education to purchase emergency medical services for chil- amounts for drugs and biologicals guaranteed student loans for an addi- dren. under part B of the Medicare Program tional year, and for other purposes. S. 422 by excluding customary prompt pay S. 2919 At the request of Ms. STABENOW, the discounts extended to wholesalers from name of the Senator from Ohio (Mr. the manufacturer’s average sales price. At the request of Mr. UDALL of Colo- BROWN) was added as a cosponsor of S. S. 1321 rado, the name of the Senator from Vermont (Mr. SANDERS) was added as a 422, a bill to amend the Federal Food, At the request of Mr. UDALL of Colo- Drug, and Cosmetic Act and the Public rado, the name of the Senator from Ar- cosponsor of S. 2919, a bill to amend the Federal Credit Union Act to advance Health Service Act to improve the pre- kansas (Mr. PRYOR) was added as a co- vention, diagnosis, and treatment of sponsor of S. 1321, a bill to amend the the ability of credit unions to promote heart disease, stroke, and other cardio- Internal Revenue Code of 1986 to pro- small business growth and economic vascular diseases in women. vide a credit for property labeled under development opportunities, and for other purposes. S. 493 the Environmental Protection Agency At the request of Mr. CASEY, the Water Sense program. S. 2986 names of the Senator from Florida (Mr. S. 1504 At the request of Ms. LANDRIEU, the LEMIEUX) and the Senator from Lou- At the request of Mr. SPECTER, the name of the Senator from Mississippi isiana (Ms. LANDRIEU) were added as name of the Senator from Nevada (Mr. (Mr. COCHRAN) was added as a cospon- cosponsors of S. 493, a bill to amend the REID) was added as a cosponsor of S. sor of S. 2986, a bill to authorize the Internal Revenue Code of 1986 to pro- 1504, a bill to provide that Federal Administrator of the Small Business vide for the establishment of ABLE ac- courts shall not dismiss complaints Administration to waive interest for counts for the care of family members under rule 12(b)(6) or (e) of the Federal certain loans relating to damage with disabilities, and for other pur- Rules of Civil Procedure, except under caused by Hurricane Katrina, Hurri- poses. the standards set forth by the Supreme cane Rita, Hurricane Gustav, or Hurri- S. 504 Court of the United States in Conley v. cane Ike. At the request of Mr. ROBERTS, the Gibson, 355 U.S. 41 (1957). S. 2995 name of the Senator from North Caro- S. 1603 At the request of Mr. CARPER, the lina (Mrs. HAGAN) was added as a co- At the request of Mr. BROWN of Ohio, names of the Senator from New York sponsor of S. 504, a bill to redesignate the name of the Senator from Pennsyl- (Mrs. GILLIBRAND) and the Senator the Department of the Navy as the De- vania (Mr. CASEY) was added as a co- from Connecticut (Mr. DODD) were partment of the Navy and Marine sponsor of S. 1603, a bill to amend sec- added as cosponsors of S. 2995, a bill to Corps. tion 484B of the Higher Education Act amend the Clean Air Act to establish a S. 678 of 1965 to provide for tuition reimburse- national uniform multiple air pollut- At the request of Mr. LEAHY, the ment and loan forgiveness to students ant regulatory program for the electric name of the Senator from Louisiana who withdraw from an institution of generating sector. (Ms. LANDRIEU) was added as a cospon- higher education to serve in the uni- S. RES. 414 sor of S. 678, a bill to reauthorize and formed services, and for other pur- At the request of Mr. KERRY, the improve the Juvenile Justice and De- poses. name of the Senator from Indiana (Mr. linquency Prevention Act of 1974, and S. 1668 LUGAR) was added as a cosponsor of S. for other purposes. At the request of Mr. BENNET, the Res. 414, a resolution expressing the S. 700 name of the Senator from Nebraska Sense of the Senate on the recovery, At the request of Mr. BINGAMAN, the (Mr. JOHANNS) was added as a cospon- rehabilitation, and rebuilding of Haiti name of the Senator from New Jersey sor of S. 1668, a bill to amend title 38, following the humanitarian crisis (Mr. MENENDEZ) was added as a cospon- United States Code, to provide for the caused by the January 12, 2010, earth- sor of S. 700, a bill to amend title II of inclusion of certain active duty service quake in Haiti.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S744 CONGRESSIONAL RECORD — SENATE February 24, 2010 STATEMENTS ON INTRODUCED today, including the AARP, the Amer- In Vermont, we have felt the pres- BILLS AND JOINT RESOLUTIONS ican Hospital Association, the National ence of drug abuse and drug-related By Mr. KERRY (for himself and Association of Psychiatric Health Sys- crime in our communities. The myth Ms. SNOWE): tems, and the American Psychological persists that drug abuse and drug-re- S. 3028. A bill to amend title XVIII of Association. lated crime are only big-city problems, the Social Security Act to eliminate Congress has now acted to address but rural America is also coping with the 190-day lifetime limit on inpatient mental health parity issues for group these issues. I have twice brought the psychiatric hospital services under the health plans and for outpatient Medi- Judiciary Committee to Vermont to Medicare program; to the Committee care services. It is time to end this out- examine these problems and gain per- on Finance. moded law and ensure that bene- spectives to help shape solutions, and I Mr. KERRY. Mr. President, our coun- ficiaries with mental illnesses have ac- hope to hold another field hearing in try has recently taken great steps for- cess to a range of appropriate settings Vermont soon. I know well that law en- ward to support the principles of men- for their care. I look forward to work- forcement alone is not the solution for tal health parity. In 2008, Congress has ing with my colleagues in the Senate our communities. I have long advo- enacted two important pieces of legis- to achieve mental health parity in cated an approach with equal attention lation to end discrimination against Medicare. to law enforcement, prevention and people suffering from mental illnesses. education, and treatment. Congress passed the Paul Wellstone By Mr. LEAHY (for himself and Perhaps the most important compo- and Pete Domenici Mental Health Par- Mr. GRASSLEY): nent in dealing with this crucial prob- ity and Addiction Equity Act of 2008, S. 3031. A bill to authorize Drug Free lem is collaboration. Community anti- MHPAEA, to prohibit the establish- Communities enhancement grants to drug coalitions have a unique ability to ment of discriminatory benefit caps or address major emerging drug issues or build on pre-existing relationships cost-sharing requirements for mental local drug crises; to the Committee on among parents, teachers, students, and health and substance use disorders. the Judiciary. law enforcement, which make them a That same year Congress also passed Mr. LEAHY. Mr. President, today, I critical component in reducing drug the Medicare Improvements for Pa- am pleased to join with Senator GRASS- use. I have consistently supported tients and Protections Act, MIPPA, LEY to introduce the Drug Free Com- funding for these coalitions and was which included legislation introduced munities Enhancement Act of 2010, a pleased that last year 14 Vermont coa- by Senator SNOWE, and myself, the bill to authorize additional Drug Free litions were awarded Drug Free Com- Medicare Mental Health Copayment Communities grants to help address munity grants totaling $1.2 million. Equity Act. This legislation prevented major emerging drug issues and local Last week, I spoke with a number of Medicare beneficiaries from being drug crises. It is crucial that commu- Vermonters representing these commu- charged higher copayments for out- nities around the country have the nity partnerships and heard about the patient mental health services than for leadership and resources needed to re- innovative frameworks they have im- all other outpatient physician services. spond to serious drug problems in a plemented to combat drug abuse in Unfortunately, even with the passage comprehensive and coordinated man- their communities, thanks in large of MIPPA, a serious mental health in- ner. Drug Free Community, DFC, coali- part to DFC grants. This bill will en- equity remains in Medicare. Medicare tions have been proven to significantly able many of them to secure supple- beneficiaries are currently limited to lower substance abuse rates in our mental funding to continue the impor- only 190-days of inpatient psychiatric communities nationwide. tant work they do every day. Indeed, hospital care in their lifetime. This This legislation will allow current communities nationwide who are fac- lifetime limit directly impacts Medi- and former DFCs to apply for grants of ing serious drug issues will benefit care beneficiaries’ access to psy- up to $75,000 per year to implement from these enhancement grants. chiatric hospitals, although it does not comprehensive, community-wide strat- The community coalition model has apply to psychiatric units in general egies to address emerging local drug proven extremely effective, and has hospitals. This arbitrary cap on bene- issues or drug crises. The funds may achieved impressive outcomes. We see fits is discriminatory to the mentally also be used for DFC members to ob- significant results when we have people ill as there is no such lifetime limit for tain specialized training and technical working together at the local, state, any other Medicare specialty inpatient assistance to improve the operation of and Federal levels, and in the law en- hospital service. The 190-day lifetime their coalitions. These grants, which forcement, prevention, and treatment limit is problematic for patients being must be matched dollar for dollar, fields. We have seen that success in treated in psychiatric hospitals as they would be available to DFCs for up to 4 Vermont and throughout the country, may easily exceed the 190-days if they years. but there is more work to be done. have a chronic mental illness. The DFC program encourages local Drug abuse and drug-related crime is a That is why Senator SNOWE and I are citizens to become directly involved in persistent problem in America, in working together once again to address solving their community’s drug issues major metropolitan areas and rural the last remaining mental health par- through grassroots community orga- communities alike. I hope all Senators ity issue in Medicare. Today, we are in- nizing and data-driven planning and will support this bipartisan bill so that troducing the Medicare Mental Health implementation. Research shows that communities nationwide can sustain Inpatient Equity Act. Our legislation effective prevention hinges on the ex- effective community coalitions to re- would eliminate the Medicare 190-day tent to which the entire community duce youth drug use. lifetime limit for inpatient psychiatric works comprehensively and collabo- Mr. President, I ask unanimous con- hospital care. It would equalize Medi- ratively to implement education, pre- sent that the text of the bill be printed vention, enforcement, treatment, and care mental health coverage with pri- in the RECORD. vate health insurance coverage, expand recovery initiatives. The DFC program There being no objection, the text of beneficiary choice of inpatient psy- strategically invests Federal anti-drug the bill was ordered to be printed in resources at the community level with chiatric care providers, increase access the RECORD, as follows: those who have the most power to re- for the seriously ill, and improve con- S. 3031 tinuity of care. duce the demand for drugs—namely This legislation is supported by 46 parents, teachers, business leaders, the Be it enacted by the Senate and House of Rep- resentatives of the United States of America in national organizations that represent media, religious leaders, law enforce- Congress assembled, hospital associations, seniors’ organi- ment officials, youth, and others. Drug SECTION 1. SHORT TITLE. zations and the mental health commu- Free Communities grantees execute This Act may be cited as the ‘‘Drug Free nity. I would like to thank a number of collaborative strategies to address Communities Enhancement Act of 2010’’. organizations who have been integral their communities’ unique substance SEC. 2. FINDINGS. to the development of the Medicare use and abuse issues. This is the opti- Congress finds the following: Mental Health Inpatient Equity Act mal way to ensure that the entire com- (1) The epidemiology of drug use indicates and who have endorsed our legislation munity benefits from prevention. that emerging drug trends increase over a

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short period of time and tend to cluster in (I) rates of drug use and abuse above the (i) AUTHORIZATION OF APPROPRIATIONS.— discrete geographic areas. Historical evi- national average, as determined by the Di- There are authorized to be appropriated dence shows that emerging local drug issues rector (including appropriate consideration $5,000,000 for each of fiscal years 2011 through and crises can be stopped or mitigated before of the Monitoring of the Future Survey pub- 2015 to carry out this section. they spread to other areas, if they are identi- lished by the Department of Health and Mr. GRASSLEY. Mr. President, in fied quickly and addressed in a comprehen- Human Services), for comparable time peri- 1997 then-Senator BIDEN and I spon- sive multi-sector manner. ods; or (2) Federal investments in drug prevention (II) if national data is not available, at the sored legislation to create the Drug should not be solely based on national data discretion of the Director, high rates of drug Free Communities, DFC, grant pro- and trends, but must be flexible enough to use or abuse based solely on valid local data; gram. At the time, I believed, as I still address emerging local problems and local or do today, that one of the most effective drug crises before they become national (ii) for a local drug crisis— ways the Federal Government can pre- trends. (I) rates of use and abuse for a specific drug vent drug abuse from flourishing is by (3) Successful drug prevention must be at levels that are significantly higher than supporting local community efforts to the national average, as determined by the based on local data and involve multiple identify, prevent and eradicate the community sectors in planning and imple- Director (including appropriate consider- menting specifically targeted strategies that ation of the Monitoring of the Future Survey sources of abuse. Since the passage of respond to the unique drug problems of the published by the Department of Health and the Drug Free Communities Act, hun- community. Human Services and the National Survey on dreds of community anti-drug coali- (4) Data and outcomes show that effective Drug Use and Health by the Substance Abuse tions have received Federal grants to community coalitions can markedly reduce and Mental Health Service Administration); further their efforts to halt the spread local drug use rates for drugs such as mari- and of drug abuse in their communities. juana and inhalants among school-aged (II) rates of use and abuse for a specific Despite the successes of the DFC pro- youth. drug that continue over a sustained period of time, as determined by the Director. gram, drug abuse continues to chal- (5) Community coalitions are singularly lenge our communities. More often situated to deal with emerging drug issues (b) AUTHORIZATION OF PROGRAM.—The Di- and local drug crises, such as methamphet- rector may make enhancement grants to eli- than not, a community can rise up to gible entities to implement comprehensive amine, cheese (a mixture of black tar heroin meet this challenge head on and con- community-wide strategies that address and Tylenol PM), and prescription and non- front the abuse before it spreads. How- emerging local drug issues or local drug cri- prescription drug abuse because the commu- ever, drug abuse is one challenge that ses within the area served by the eligible en- nity coalitions are organized, data driven, tity. can emerge in rapid fashion. In dif- and take a comprehensive, multi-sector ap- (c) APPLICATION.— ficult economic times when States and proach to solving and addressing locally (1) IN GENERAL.—An eligible entity desiring communities struggle to stay within identified drug problems. an enhancement grant under this section their budgets without eliminating vital (6) Providing enhancement grants to coali- shall submit an application to the Director tions to address emerging local drug issues services, it is important that commu- at such time, in such manner, and accom- nity anti-drug coalitions do not suffer or local drug crises is a cost effective way to panied by such information as the Director deal with these drug issues. This approach may require. from a lack of resources. This is why I builds on existing infrastructures with prov- (2) CRITERIA.—As part of an application for am pleased to join my colleague, Sen- en results that include all of the relevant a grant under this section, the Director shall ator LEAHY, in introducing the Drug community sectors needed to comprehen- require an eligible entity to submit a de- Free Communities Enhancement Act, sively address specific emerging drug issues tailed, comprehensive, multi-sector plan for DFCEA, of 2010. and crises, and guards against using Federal addressing the emerging local drug issue or This legislation builds off the suc- funding to create duplicative community local drug crises within the area served by based infrastructures for substance abuse cessful DFC grant program by allowing the eligible entity. community coalitions to form a strat- prevention. (d) USES OF FUNDS.—A grant under this egy that best fits their community to SEC. 3. COMMUNITY-BASED COALITION EN- section shall be used to— HANCEMENT GRANTS TO ADDRESS (1) implement comprehensive, community- confront a sudden or emerging drug EMERGING DRUG ISSUES OR LOCAL wide prevention strategies to address an threat without Federal interference. DRUG CRISES. emerging local drug issue or drug crises in The DFCEA authorizes $5 million to (a) DEFINITIONS.—In this section— the area served by an eligible entity, in ac- the Office of National Drug Control (1) the term ‘‘Director’’ means the Director cordance with the plan submitted under sub- Policy to award supplemental grants of of the Office of National Drug Control Pol- section (c)(2); and up to $75,000 to current and past DFC (2) obtain specialized training and tech- icy; grantees to address an emerging drug (2) the term ‘‘drug’’ means— nical assistance from the entity receiving a (A) a substance listed on schedule I, II, III, grant under section 4 of Public Law 107–82 (21 issue or crisis. The grantee would be el- IV, or V of section 202 of the Controlled Sub- U.S.C. 1521 note). igible to receive these supplemental stances Act (21 U.S.C. 812(c)); (e) GRANT AMOUNTS.— grants for up to a 4 year period if they (B) inhalants; (1) IN GENERAL.—The total amount of grant document, using local data, rates of (C) if used in a manner that is illegal, a funds awarded to an eligible entity for a fis- drug abuse higher than the national prescription or over the counter drug or cal year may not exceed the amount of non- average. Federal funds raised by the eligible entity, medicine; and In my home State of Iowa, commu- (D) another mind altering substance with including in-kind contributions, for that fis- cal year. nities face unique challenges in con- the potential for abuse, as determined by the fronting drug abuse. In Polk County, Director, not listed on a schedule of section (2) GRANT AWARDS.—A grant under this sec- 202(c) of the Controlled Substance Act (21 tion shall— the home of the State capitol of Des U.S.C. 812(c)); (A) be made for a period of not more than Moines, 37 percent of 11th graders ad- (3) the term ‘‘emerging local drug issue’’ 4 years; and mitted to using marijuana in the 2008 means, with respect to the area served by an (B) be for not more than $75,000 per year. Iowa Youth Survey. This is signifi- eligible entity, a sudden increase in the use (f) SUPPLEMENT NOT SUPPLANT.—Grant cantly higher than the statewide aver- or abuse of a particular drug in the commu- funds provided under this section shall be used to supplement, not supplant, Federal age of 27 percent from the same survey. nity, as documented by local data; and non-Federal funds available for carrying This number is also 4 percent higher (4) the term ‘‘local drug crisis’’ means, out the activities described in this section. than the national average according to with respect to the area served by an eligible (g) EVALUATION.—A grant under this sec- entity, the use of a specific drug in the area the 2009 Monitoring the Future survey tion shall be subject to the same evaluation of 12th graders. In Black Hawk County, at levels that are significantly higher than requirements and procedures as the evalua- the national average, over a sustained period tion requirements and procedures imposed the home of Waterloo and Cedar Falls, of time, as documented by local data; on the recipient of a grant under chapter 2 of 8 percent of 11th graders admitted to (5) the term ‘‘eligible entity’’ means an or- title I of the National Narcotics Leadership using over-the-counter cold medicines ganization that— Act of 1988 (21 U.S.C. 1521 et seq.) (commonly to get high according to the Iowa (A) is receiving or has received a grant known as the Drug-Free Communities Act of Youth Survey. This is higher than the under chapter 2 of title I of the National 1997). 6 percent of the Nation’s 12th graders Narcotics Leadership Act of 1988 (21 U.S.C. (h) ADMINISTRATIVE EXPENSES.—Not more 1521 et seq.) (commonly known as the Drug- than 5 percent of the amount appropriated to who admitted to cold medicine abuse Free Communities Act of 1997); and carry out this section for any fiscal year in the Monitoring the Future survey. (B) has documented, using local data— may be used by the Director for administra- Communities like these would benefit (i) for an emerging local drug issue— tive expenses. under the DFCEA, because they would

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S746 CONGRESSIONAL RECORD — SENATE February 24, 2010 be able to apply for a supplemental (1) Business bankruptcies have increased plan, program, or policy generally applicable grant to put a strategy into action to sharply over the past year and remain at to employees of the debtor (but not under an reduce these use rates. high levels. These bankruptcies include sev- individual contract of employment), or owed Community coalitions represent the eral of the largest business bankruptcy fil- pursuant to a collective bargaining agree- ings in history. As the use of bankruptcy has ment, for layoff or termination on or after front lines in the fight against drug expanded, job preservation and retirement the date of the filing of the petition, which abuse. The DFCEA will help to ensure security are placed at greater risk. pay shall be deemed earned in full upon such that community coalitions will remain (2) Laws enacted to improve recoveries for layoff or termination of employment.’’. strong and vibrant no matter the eco- employees and retirees and limit their losses SEC. 104. FINANCIAL RETURNS FOR EMPLOYEES nomic or drug trend situation in the in bankruptcy cases have not kept pace with AND RETIREES. community. Drug abuse flourishes the increasing and broader use of bankruptcy Section 1129(a) of title 11, United States by businesses in all sectors of the economy. Code is amended— when the problem is ignored. If we are (1) by adding at the end the following: to overcome the challenges of drug However, while protections for employees and retirees in bankruptcy cases have erod- ‘‘(17) The plan provides for recovery of abuse we must stand untied in the ef- ed, management compensation plans devised damages payable for the rejection of a col- fort. I urge my colleagues to join us as for those in charge of troubled businesses lective bargaining agreement, or for other fi- we continue this fight to keep our com- have become more prevalent and are escap- nancial returns as negotiated by the debtor munities drug free. ing adequate scrutiny. and the authorized representative under sec- (3) Changes in the law regarding these mat- tion 1113 (to the extent that such returns are By Mr. DURBIN (for himself, Mr. ters are urgently needed as bankruptcy is paid under, rather than outside of, a plan).’’; and BROWN of Ohio, Mr. HARKIN, and used to address increasingly more complex (2) by striking paragraph (13) and inserting Mr. FRANKEN): and diverse conditions affecting troubled businesses and industries. the following: S. 3033. A bill to amend title 11, ‘‘(13) With respect to retiree benefits, as TITLE I—IMPROVING RECOVERIES FOR United States Code, to improve protec- that term is defined in section 1114(a), the tions for employees and retirees in EMPLOYEES AND RETIREES plan— business bankruptcies; to the Com- SEC. 101. INCREASED WAGE PRIORITY. ‘‘(A) provides for the continuation after its mittee on the Judiciary. Section 507(a) of title 11, United States effective date of payment of all retiree bene- Code, is amended— fits at the level established pursuant to sub- Mr. DURBIN. Mr. President, I ask (1) in paragraph (4)— unanimous consent that the text of the section (e)(1)(B) or (g) of section 1114 at any (A) by striking ‘‘$10,000’’ and inserting time before the date of confirmation of the bill be printed in the RECORD. ‘‘$20,000’’; plan, for the duration of the period for which There being no objection, the text of (B) by striking ‘‘within 180 days’’; and the debtor has obligated itself to provide the bill was ordered to be printed in (C) by striking ‘‘or the date of the ces- such benefits, or if no modifications are the RECORD, as follows: sation of the debtor’s business, whichever oc- made before confirmation of the plan, the curs first,’’; S. 3033 continuation of all such retiree benefits (2) in paragraph (5)(A), by striking— maintained or established in whole or in part Be it enacted by the Senate and House of Rep- (A) ‘‘within 180 days’’; and by the debtor before the date of the filing of resentatives of the United States of America in (B) ‘‘or the date of the cessation of the the petition; and Congress assembled, debtor’s business, whichever occurs first’’; ‘‘(B) provides for recovery of claims arising SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and from the modification of retiree benefits or (a) SHORT TITLE.—This Act may be cited as (3) in paragraph (5), by striking subpara- for other financial returns, as negotiated by the ‘‘Protecting Employees and Retirees in graph (B) and inserting the following: the debtor and the authorized representative Business Bankruptcies Act of 2010’’. ‘‘(B) for each such plan, to the extent of (to the extent that such returns are paid (b) TABLE OF CONTENTS.—The table of con- the number of employees covered by each under, rather than outside of, a plan).’’. tents of this Act is as follows: such plan, multiplied by $20,000.’’. SEC. 105. PRIORITY FOR WARN ACT DAMAGES. Sec. 1. Short title; table of contents. SEC. 102. CLAIM FOR STOCK VALUE LOSSES IN Section 503(b)(1)(A)(ii) of title 11, United Sec. 2. Findings. DEFINED CONTRIBUTION PLANS. States Code is amended to read as follows: TITLE I—IMPROVING RECOVERIES FOR Section 101(5) of title 11, United States ‘‘(ii) wages and benefits awarded pursuant EMPLOYEES AND RETIREES Code, is amended— to a judicial proceeding or a proceeding of (1) in subparagraph (A), by striking ‘‘or’’ at the National Labor Relations Board as back Sec. 101. Increased wage priority. the end; Sec. 102. Claim for stock value losses in de- pay or damages attributable to any period of (2) in subparagraph (B), by inserting ‘‘or’’ time occurring after the date of commence- fined contribution plans. after the semicolon; and Sec. 103. Priority for severance pay. ment of the case under this title, as a result (3) by adding at the end the following: Sec. 104. Financial returns for employees of a violation of Federal or State law by the ‘‘(C) right or interest in equity securities and retirees. debtor, without regard to the time of the oc- of the debtor, or an affiliate of the debtor, Sec. 105. Priority for WARN Act damages. currence of unlawful conduct on which the held in a defined contribution plan (within award is based or to whether any services TITLE II—REDUCING EMPLOYEES’ AND the meaning of section 3(34) of the Employee were rendered on or after the commencement RETIREES’ LOSSES Retirement Income Security Act of 1974 (29 of the case, including an award by a court Sec. 201. Rejection of collective bargaining U.S.C. 1002(34))) for the benefit of an indi- under section 2901 of title 29, United States agreements. vidual who is not an insider, a senior execu- Code, of up to 60 days’ pay and benefits fol- Sec. 202. Payment of insurance benefits to tive officer, or any of the 20 next most highly lowing a layoff that occurred or commenced retired employees. compensated employees of the debtor (if 1 or at a time when such award period includes a Sec. 203. Protection of employee benefits in more are not insiders), if such securities period on or after the commencement of the a sale of assets. were attributable to either employer con- case, if the court determines that payment Sec. 204. Claim for pension losses. tributions by the debtor or an affiliate of the of wages and benefits by reason of the oper- Sec. 205. Payments by secured lender. debtor, or elective deferrals (within the ation of this clause will not substantially in- Sec. 206. Preservation of jobs and benefits. meaning of section 402(g) of the Internal crease the probability of layoff or termi- Sec. 207. Termination of exclusivity. Revenue Code of 1986), and any earnings nation of current employees or of non- TITLE III—RESTRICTING EXECUTIVE thereon, if an employer or plan sponsor who payment of domestic support obligations COMPENSATION PROGRAMS has commenced a case under this title has during the case under this title.’’. Sec. 301. Executive compensation upon exit committed fraud with respect to such plan or TITLE II—REDUCING EMPLOYEES’ AND from bankruptcy. has otherwise breached a duty to the partici- RETIREES’ LOSSES Sec. 302. Limitations on executive com- pant that has proximately caused the loss of value.’’. SEC. 201. REJECTION OF COLLECTIVE BAR- pensation enhancements. GAINING AGREEMENTS. Sec. 303. Assumption of executive benefit SEC. 103. PRIORITY FOR SEVERANCE PAY. Section 1113 of title 11, United States Code, plans. Section 503(b) of title 11, United States is amended by striking subsections (a) Sec. 304. Recovery of executive compensa- Code, is amended— through (f) and inserting the following: tion. (1) in paragraph (8), by striking ‘‘and’’ at ‘‘(a) The debtor in possession, or the trust- Sec. 305. Preferential compensation trans- the end; ee if one has been appointed under this chap- fer. (2) in paragraph (9), by striking the period ter, other than a trustee in a case covered by and inserting ‘‘; and’’; and TITLE IV—OTHER PROVISIONS subchapter IV of this chapter and by title I (3) by adding at the end the following: of the Railway Labor Act, may reject a col- Sec. 401. Union proof of claim. ‘‘(10) severance pay owed to employees of lective bargaining agreement only in accord- Sec. 402. Exception from automatic stay. the debtor (other than to an insider, other ance with this section. Hereinafter in this SEC. 2. FINDINGS. senior management, or a consultant retained section, a reference to the trustee includes a The Congress finds the following: to provide services to the debtor), under a reference to the debtor in possession.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S747 ‘‘(b) No provision of this title shall be con- application for rejection shall seek rejection trustee. The implementation of such interim strued to permit the trustee to unilaterally effective upon the entry of an order granting changes shall not render the application for terminate or alter any provision of a collec- the relief. rejection moot. tive bargaining agreement before complying ‘‘(2) In consideration of Federal policy en- ‘‘(f) Rejection of a collective bargaining with this section. The trustee shall timely couraging the practice and process of collec- agreement constitutes a breach of the agree- pay all monetary obligations arising under tive bargaining and in recognition of the bar- ment, and shall be effective no earlier than the terms of the collective bargaining agree- gained-for expectations of the employees the entry of an order granting such relief. ment. Any such payment required to be covered by the agreement, the court may Notwithstanding the foregoing, solely for made before a plan confirmed under section grant a motion seeking rejection of a collec- purposes of determining and allowing a 1129 is effective has the status of an allowed tive bargaining agreement only if, based on claim arising from the rejection of a collec- administrative expense under section 503. clear and convincing evidence — tive bargaining agreement, rejection shall be ‘‘(c)(1) If the trustee seeks modification of ‘‘(A) the court finds that the trustee has treated as rejection of an executory contract a collective bargaining agreement, then the complied with the requirements of sub- under section 365(g) and shall be allowed or trustee shall provide notice to the labor or- section (c); disallowed in accordance with section ganization representing the employees cov- ‘‘(B) the court has considered alternative 502(g)(1). No claim for rejection damages ered by the agreement that modifications proposals by the labor organization and has shall be limited by section 502(b)(7). Eco- are being proposed under this section, and concluded that such proposals do not meet nomic self-help by a labor organization shall shall promptly provide an initial proposal for the requirements of paragraph (3)(B) of sub- be permitted upon a court order granting a modifications to the agreement. Thereafter, section (c); motion to reject a collective bargaining the trustee shall confer in good faith with ‘‘(C) the court finds that further negotia- agreement under subsection (d) or pursuant the labor organization, at reasonable times tions regarding the trustee’s proposal or an to subsection (e), and no provision of this and for a reasonable period in light of the alternative proposal by the labor organiza- title or of any other provision of Federal or complexity of the case, in attempting to tion are not likely to produce an agreement; State law may be construed to the contrary. reach mutually acceptable modifications of ‘‘(D) the court finds that implementation ‘‘(g) The trustee shall provide for the rea- such agreement. of the trustee’s proposal shall not— sonable fees and costs incurred by a labor or- ‘‘(2) The initial proposal and subsequent ‘‘(i) cause a material diminution in the ganization under this section, upon request proposals by the trustee for modification of purchasing power of the employees covered and after notice and a hearing. a collective bargaining agreement shall be by the agreement; ‘‘(h) A collective bargaining agreement based upon a business plan for the reorga- ‘‘(ii) adversely affect the ability of the that is assumed shall be assumed in accord- nization of the debtor, and shall reflect the debtor to retain an experienced and qualified ance with section 365.’’. most complete and reliable information workforce; or SEC. 202. PAYMENT OF INSURANCE BENEFITS TO available. The trustee shall provide to the ‘‘(iii) impair the debtor’s labor relations RETIRED EMPLOYEES. labor organization all information that is such that the ability to achieve a feasible re- Section 1114 of title 11, United States Code, relevant for negotiations. The court may organization would be compromised; and is amended— enter a protective order to prevent the dis- ‘‘(E) the court concludes that rejection of (1) in subsection (a), by inserting ‘‘, wheth- closure of information if disclosure could the agreement and immediate implementa- er or not the debtor asserts a right to unilat- compromise the debtor’s position with re- tion of the trustee’s proposal is essential to erally modify such payments under such spect to its competitors in the industry, sub- permit the debtor to exit bankruptcy, such plan, fund, or program’’ before the period at ject to the needs of the labor organization to that confirmation of a plan of reorganization the end; evaluate the trustee’s proposals and any ap- is not likely to be followed by liquidation, or (2) in subsection (b)(2), by inserting after plication for rejection of the agreement or the need for further financial reorganization, ‘‘section’’ the following: ‘‘, and a labor orga- for interim relief pursuant to this section. of the debtor (or any successor to the debtor) nization serving as the authorized represent- ‘‘(3) In consideration of Federal policy en- in the short term. ative under subsection (c)(1),’’; couraging the practice and process of collec- ‘‘(3) If the trustee has implemented a pro- (3) in subsection (f), by striking ‘‘(f)’’ and tive bargaining and in recognition of the bar- gram of incentive pay, bonuses, or other fi- all that follows through paragraph (2) and in- gained-for expectations of the employees nancial returns for insiders, senior executive serting the following: covered by the agreement, modifications officers, or the 20 next most highly com- ‘‘(f)(1) If a trustee seeks modification of re- proposed by the trustee— pensated employees or consultants providing tiree benefits, then the trustee shall provide ‘‘(A) shall be proposed only as part of a services to the debtor during the bank- a notice to the authorized representative program of workforce and nonworkforce cost ruptcy, or such a program was implemented that modifications are being proposed pursu- savings devised for the reorganization of the within 180 days before the date of the filing ant to this section, and shall promptly pro- debtor, including savings in management of the petition, the court shall presume that vide an initial proposal. Thereafter, the personnel costs; the trustee has failed to satisfy the require- trustee shall confer in good faith with the ‘‘(B) shall be limited to modifications de- ments of subsection (c)(3)(C). authorized representative at reasonable signed to achieve a specified aggregate finan- ‘‘(4) In no case shall the court enter an times and for a reasonable period in light of cial contribution for the employees covered order rejecting a collective bargaining agree- the complexity of the case in attempting to by the agreement (taking into consideration ment that would result in modifications to a reach mutually satisfactory modifications. any labor cost savings negotiated within the level lower than the level proposed by the ‘‘(2) The initial proposal and subsequent 12-month period before the filing of the peti- trustee in the proposal found by the court to proposals by the trustee shall be based upon tion), and shall be not more than the min- have complied with the requirements of this a business plan for the reorganization of the imum savings essential to permit the debtor section. debtor and shall reflect the most complete to exit bankruptcy, such that confirmation ‘‘(5) At any time after the date on which an and reliable information available. The of a plan of reorganization is not likely to be order rejecting a collective bargaining agree- trustee shall provide to the authorized rep- followed by the liquidation, or the need for ment is entered, or in the case of an agree- resentative all information that is relevant further financial reorganization, of the debt- ment entered into between the trustee and for the negotiations. The court may enter a or (or any successor to the debtor) in the the labor organization providing mutually protective order to prevent the disclosure of short term; and satisfactory modifications, at any time after information if disclosure could compromise ‘‘(C) shall not be disproportionate or overly such agreement has been entered into, the the debtor’s position with respect to its com- burden the employees covered by the agree- labor organization may apply to the court petitors in the industry, subject to the needs ment, either in the amount of the cost sav- for an order seeking an increase in the level of the authorized representative to evaluate ings sought from such employees or the na- of wages or benefits, or relief from working the trustee’s proposals and an application ture of the modifications. conditions, based upon changed cir- pursuant to subsection (g) or (h). ‘‘(d)(1) If, after a period of negotiations, cumstances. The court shall grant the re- ‘‘(3) Modifications proposed by the trust- the trustee and the labor organization have quest only if the increase or other relief is ee— not reached an agreement over mutually sat- not inconsistent with the standard set forth ‘‘(A) shall be proposed only as part of a isfactory modifications, and further negotia- in paragraph (2)(E). program of workforce and nonworkforce cost tions are not likely to produce mutually sat- ‘‘(e) During a period in which a collective savings devised for the reorganization of the isfactory modifications, the trustee may file bargaining agreement at issue under this debtor, including savings in management a motion seeking rejection of the collective section continues in effect, and if essential personnel costs; bargaining agreement after notice and a to the continuation of the debtor’s business ‘‘(B) shall be limited to modifications that hearing. Absent agreement of the parties, no or in order to avoid irreparable damage to are designed to achieve a specified aggregate such hearing shall be held before the expira- the estate, the court, after notice and a hear- financial contribution for the retiree group tion of the 21-day period beginning on the ing, may authorize the trustee to implement represented by the authorized representative date on which notice of the hearing is pro- interim changes in the terms, conditions, (taking into consideration any cost savings vided to the labor organization representing wages, benefits, or work rules provided by implemented within the 12-month period be- the employees covered by the agreement. the collective bargaining agreement. Any fore the date of filing of the petition with re- Only the debtor and the labor organization hearing under this subsection shall be sched- spect to the retiree group), and shall be no may appear and be heard at such hearing. An uled in accordance with the needs of the more than the minimum savings essential to

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S748 CONGRESSIONAL RECORD — SENATE February 24, 2010 permit the debtor to exit bankruptcy, such SEC. 204. CLAIM FOR PENSION LOSSES. (4) in the table of sections for chapter 11, that confirmation of a plan of reorganization Section 502 of title 11, United States Code, by inserting the following before the item re- is not likely to be followed by the liquida- is amended by adding at the end the fol- lating to section 1101: tion, or the need for further financial reorga- lowing: ‘‘1100. Statement of purpose.’’. ‘‘(l) The court shall allow a claim asserted nization, of the debtor (or any successor to SEC. 207. TERMINATION OF EXCLUSIVITY. the debtor) in the short term; and by an active or retired participant, or by a Section 1121(d) of title 11, United States labor organization representing such partici- ‘‘(C) shall not be disproportionate or overly Code, is amended by adding at the end the pants, in a defined benefit plan terminated burden the retiree group, either in the following: amount of the cost savings sought from such under section 4041 or 4042 of the Employee ‘‘(3) For purposes of this subsection, cause group or the nature of the modifications.’’; Retirement Income Security Act of 1974, for for reducing the 120-day period or the 180-day (4) in subsection (g)— any shortfall in pension benefits accrued as period includes the following: (A) by striking ‘‘(g)’’ and all that follows of the effective date of the termination of ‘‘(A) The filing of a motion pursuant to through the semicolon at the end of para- such pension plan as a result of the termi- section 1113 seeking rejection of a collective graph (3) and inserting the following: nation of the plan and limitations upon the bargaining agreement if a plan based upon payment of benefits imposed pursuant to sec- ‘‘(g)(1) If, after a period of negotiations, an alternative proposal by the labor organi- tion 4022 of such Act, notwithstanding any the trustee and the authorized representa- zation is reasonably likely to be confirmed claim asserted and collected by the Pension tive have not reached agreement over mutu- within a reasonable time. Benefit Guaranty Corporation with respect ally satisfactory modifications and further ‘‘(B) The proposed filing of a plan by a pro- to such termination. negotiations are not likely to produce mutu- ponent other than the debtor, which incor- ally satisfactory modifications, then the ‘‘(m) The court shall allow a claim of a kind described in section 101(5)(C) by an ac- porates the terms of a settlement with a trustee may file a motion seeking modifica- labor organization if such plan is reasonably tions in the payment of retiree benefits after tive or retired participant in a defined con- tribution plan (within the meaning of sec- likely to be confirmed within a reasonable notice and a hearing. Absent agreement of time.’’. the parties, no such hearing shall be held be- tion 3(34) of the Employee Retirement In- TITLE III—RESTRICTING EXECUTIVE fore the expiration of the 21-day period be- come Security Act of 1974 (29 U.S.C. 1002(34)), COMPENSATION PROGRAMS ginning on the date on which notice of the or by a labor organization representing such hearing is provided to the authorized rep- participants. The amount of such claim shall SEC. 301. EXECUTIVE COMPENSATION UPON EXIT resentative. Only the debtor and the author- be measured by the market value of the FROM BANKRUPTCY. ized representative may appear and be heard stock at the time of contribution to, or pur- Section 1129(a) of title 11, United States at such hearing. chase by, the plan and the value as of the Code, is amended— ‘‘(2) The court may grant a motion to mod- commencement of the case.’’. (1) in paragraph (4), by adding at the end ify the payment of retiree benefits only if, SEC. 205. PAYMENTS BY SECURED LENDER. the following: ‘‘Except for compensation sub- based on clear and convincing evidence— Section 506(c) of title 11, United States ject to review under paragraph (5), payments ‘‘(A) the court finds that the trustee has Code, is amended by adding at the end the or other distributions under the plan to or complied with the requirements of sub- following: ‘‘If employees have not received for the benefit of insiders, senior executive section (f); wages, accrued vacation, severance, or other officers, and any of the 20 next most highly ‘‘(B) the court has considered alternative benefits owed under the policies and prac- compensated employees or consultants pro- proposals by the authorized representative tices of the debtor, or pursuant to the terms viding services to the debtor, shall not be ap- and has determined that such proposals do of a collective bargaining agreement, for proved except as part of a program of pay- not meet the requirements of subsection services rendered on and after the date of the ments or distributions generally applicable (f)(3)(B); commencement of the case, then such unpaid to employees of the debtor, and only to the ‘‘(C) the court finds that further negotia- obligations shall be deemed necessary costs extent that the court determines that such tions regarding the trustee’s proposal or an and expenses of preserving, or disposing of, payments are not excessive or dispropor- alternative proposal by the authorized rep- property securing an allowed secured claim tionate compared to distributions to the resentative are not likely to produce a mutu- and shall be recovered even if the trustee has debtor’s nonmanagement workforce.’’; and ally satisfactory agreement; otherwise waived the provisions of this sub- (2) in paragraph (5)— ‘‘(D) the court finds that implementation section under an agreement with the holder (A) in subparagraph (A)(ii), by striking of the proposal shall not cause irreparable of the allowed secured claim or a successor ‘‘and’’ at the end; and harm to the affected retirees; and or predecessor in interest.’’. (B) in subparagraph (B), by striking the pe- ‘‘(E) the court concludes that an order SEC. 206. PRESERVATION OF JOBS AND BENE- riod at the end and inserting the following: granting the motion and immediate imple- FITS. ‘‘; and Title 11, United States Code, is amended— mentation of the trustee’s proposal is essen- ‘‘(C) the compensation disclosed pursuant (1) by inserting before section 1101 the fol- tial to permit the debtor to exit bankruptcy, to subparagraph (B) has been approved by, or lowing: such that confirmation of a plan of reorga- is subject to the approval of, the court as nization is not likely to be followed by liq- ‘‘SEC. 1100. STATEMENT OF PURPOSE. reasonable when compared to individuals ‘‘A debtor commencing a case under this uidation, or the need for further financial re- holding comparable positions at comparable chapter shall have as its principal purpose organization, of the debtor (or a successor to companies in the same industry and not dis- the reorganization of its business to preserve the debtor) in the short term. proportionate in light of economic conces- ‘‘(3) If a trustee has implemented a pro- going concern value to the maximum extent sions by the debtor’s nonmanagement work- gram of incentive pay, bonuses, or other fi- possible through the productive use of its as- force during the case.’’. nancial returns for insiders, senior executive sets and the preservation of jobs that will SEC. 302. LIMITATIONS ON EXECUTIVE COM- officers, or the 20 next most highly-com- sustain productive economic activity.’’; PENSATION ENHANCEMENTS. pensated employees or consultants providing (2) in section 1129(a), as amended by sec- Section 503(c) of title 11, United States services to the debtor during the bank- tion 104, by adding at the end the following: Code, is amended— ruptcy, or such a program was implemented ‘‘(18) The debtor has demonstrated that the (1) in paragraph (1)— within 180 days before the date of the filing reorganization preserves going concern value (A) by inserting ‘‘, a senior executive offi- of the petition, the court shall presume that to the maximum extent possible through the cer, or any of the 20 next most highly com- the trustee has failed to satisfy the require- productive use of the debtor’s assets and pre- pensated employees or consultants’’ after ments of subparagraph (f)(3)(C).’’; and serves jobs that sustain productive economic ‘‘an insider’’; (B) by striking ‘‘except that in no case’’ activity.’’; (B) by inserting ‘‘or for the payment of and inserting the following: (3) in section 1129(c), by striking the last performance or incentive compensation, or a ‘‘(4) In no case’’; and sentence and inserting the following: ‘‘If the bonus of any kind, or other financial returns (5) by striking subsection (k) and redesig- requirements of subsections (a) and (b) are designed to replace or enhance incentive, nating subsections (l) and (m) as subsections met with respect to more than 1 plan, the stock, or other compensation in effect before (k) and (l), respectively. court shall, in determining which plan to the date of the commencement of the case,’’ SEC. 203. PROTECTION OF EMPLOYEE BENEFITS confirm— after ‘‘remain with the debtor’s business,’’; IN A SALE OF ASSETS. ‘‘(1) consider the extent to which each plan and Section 363(b) of title 11, United States would preserve going concern value through (C) by inserting ‘‘clear and convincing’’ be- Code, is amended by adding at the end the the productive use of the debtor’s assets and fore ‘‘evidence in the record’’; and following: the preservation of jobs that sustain produc- (2) by amending paragraph (3) to read as ‘‘(3) In approving a sale under this sub- tive economic activity; and follows: section, the court shall consider the extent ‘‘(2) confirm the plan that better serves ‘‘(3) other transfers or obligations, to or for to which a bidder has offered to maintain ex- such interests. the benefit of insiders, senior executive offi- isting jobs, preserve terms and conditions of A plan that incorporates the terms of a set- cers, managers, or consultants providing employment, and assume or match pension tlement with a labor organization rep- services to the debtor, in the absence of a and retiree health benefit obligations in de- resenting employees of the debtor shall pre- finding by the court, based upon clear and termining whether an offer constitutes the sumptively constitute the plan that satisfies convincing evidence, and without deference highest or best offer for such property.’’. this subsection.’’; and to the debtor’s request for such payments,

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S749 that such transfers or obligations are essen- has not obtained relief under subsection (d) (2) in paragraph (28), by striking the period tial to the survival of the debtor’s business of section 1113, or subsection (g) of section at the end and inserting ‘‘; and’’; and or (in the case of a liquidation of some or all 1114, then the court, upon motion of a party (3) by adding at the end the following: of the debtor’s assets) essential to the or- in interest, shall determine the percentage ‘‘(29) of the commencement or continu- derly liquidation and maximization of value diminution in the value of benefit obliga- ation of a grievance, arbitration, or similar of the assets of the debtor, in either case, be- tions when compared to the total benefit li- dispute resolution proceeding established by cause of the essential nature of the services abilities before such termination. The court a collective bargaining agreement that was provided, and then only to the extent that shall not take into account pension benefits or could have been commenced against the the court finds such transfers or obligations paid or payable under title IV of the Em- debtor before the filing of a case under this are reasonable compared to individuals hold- ployee Retirement Income Security Act of title, or the payment or enforcement of an ing comparable positions at comparable 1974 as a result of any such termination. award or settlement under such pro- companies in the same industry and not dis- ‘‘(c) Upon the determination of the per- ceeding.’’. proportionate in light of economic conces- centage diminution in value under sub- section (a) or (b), the estate shall have a sions by the debtor’s nonmanagement work- By Mr. DODD (for himself and force during the case.’’. claim for the return of the same percentage of the compensation paid, directly or indi- Mr. UDALL, of New Mexico): SEC. 303. ASSUMPTION OF EXECUTIVE BENEFIT PLANS. rectly (including any transfer to a self-set- S.J. Res. 28. A joint resolution pro- tled trust or similar device, or to a non- Section 365 of title 11, United States Code, posing an amendment to the Constitu- is amended— qualified deferred compensation plan under section 409A(d)(1) of the Internal Revenue tion of the United States relating to (1) in subsection (a), by striking ‘‘and (d)’’ contributions and expenditures in- and inserting ‘‘(d), (q), and (r)’’; and Code of 1986) to any officer of the debtor (2) by adding at the end the following: serving as member of the board of directors tended to affect elections; to the Com- ‘‘(q) No deferred compensation arrange- of the debtor within the year before the date mittee on the Judiciary. of the commencement of the case, and any ment for the benefit of insiders, senior exec- individual serving as chairman or lead direc- Mr. DODD. Mr. President, I rise to utive officers, or any of the 20 next most tor of the board of directors at the time of highly compensated employees of the debtor discuss a constitutional amendment I the granting of relief under section 1113 or shall be assumed if a defined benefit plan for am introducing today, along with my 1114 or, if no such relief has been granted, the employees of the debtor has been terminated colleague Senator TOM UDALL, in the termination of the defined benefit plan. pursuant to section 4041 or 4042 of the Em- ‘‘(d) The trustee or a committee appointed wake of the U.S. Supreme Court’s re- ployee Retirement Income Security Act of pursuant to section 1102 may commence an cent Citizens United v. Federal Elec- 1974, on or after the date of the commence- action to recover such claims, except that if tion Commission decision. This pro- ment of the case or within 180 days before neither the trustee nor such committee com- the date of the commencement of the case. posed amendment would simply au- mences an action to recover such claim by thorize Congress to regulate the rais- ‘‘(r) No plan, fund, program, or contract to the first date set for the hearing on the con- provide retiree benefits for insiders, senior firmation of plan under section 1129, any ing and spending of money for Federal executive officers, or any of the 20 next most party in interest may apply to the court for political campaigns—including inde- highly compensated employees of the debtor authority to recover such claim for the ben- pendent expenditures—and allow shall be assumed if the debtor has obtained efit of the estate. The costs of recovery shall States to regulate such spending at relief under subsection (g) or (h) of section be borne by the estate. their level. It would also provide for 1114 to impose reductions in retiree benefits ‘‘(e) The court shall not award postpetition or under subsection (d) or (e) of section 1113 compensation under section 503(c) or other- implementation and enforcement of to impose reductions in the health benefits wise to any person subject to subsection (c) the amendment through appropriate of active employees of the debtor, or reduced if there is a reasonable likelihood that such legislation. I invite my colleagues on or eliminated health benefits for active or compensation is intended to reimburse or re- both sides of the aisle to join us by co- retired employees within 180 days before the place compensation recovered by the estate sponsoring the amendment. date of the commencement of the case.’’. under this section.’’. SEC. 304. RECOVERY OF EXECUTIVE COMPENSA- SEC. 305. PREFERENTIAL COMPENSATION TRANS- Let me begin by noting that I am a TION. FER. firm believer in the sanctity of the Title 11, United States Code, is amended by Section 547 of title 11, United States Code, First Amendment. I believe we must inserting after section 562 the following: is amended by adding at the end the fol- continue to do all we can to protect the lowing: ‘‘SEC. 563. RECOVERY OF EXECUTIVE COMPENSA- free speech rights of all Americans. I TION. ‘‘(j) The trustee may avoid a transfer to or ‘‘(a) If a debtor has obtained relief under for the benefit of an insider (including an ob- do not suggest changing the language subsection (d) of section 1113, or subsection ligation incurred for the benefit of an insider of the First Amendment, which I re- (g) of section 1114, by which the debtor re- under an employment contract) made in an- vere. But I do not believe that money duces the cost of its obligations under a col- ticipation of bankruptcy, or a transfer made is speech, nor do I believe that corpora- in anticipation of bankruptcy to a consult- lective bargaining agreement or a plan, fund, tions should be treated exactly the or program for retiree benefits as defined in ant who is formerly an insider and who is re- tained to provide services to an entity that same as individual Americans when it section 1114(a), the court, in granting relief, comes to protected, fundamental shall determine the percentage diminution becomes a debtor (including an obligation in the value of the obligations when com- under a contract to provide services to such speech rights. That is what the Su- pared to the debtor’s obligations under the entity or to a debtor) made or incurred on or preme Court has effectively now held. collective bargaining agreement, or with re- within 1 year before the filing of the peti- tion. No provision of subsection (c) shall con- I recognize that amending the Con- spect to retiree benefits, as of the date of the stitution is a long-term undertaking, commencement of the case under this title stitute a defense against the recovery of before granting such relief. In making its de- such transfer. The trustee or a committee and that this effort will not likely bear termination, the court shall include reduc- appointed pursuant to section 1102 may com- fruit during my remaining time in this tions in benefits, if any, as a result of the mence an action to recover such transfer, ex- body. Reinhold Niebuhr said that noth- cept that, if neither the trustee nor such termination pursuant to section 4041 or 4042 ing worth doing is completed in our of the Employee Retirement Income Secu- committee commences an action to recover such transfer by the time of the commence- lifetime; I would add much less during rity Act of 1974, of a defined benefit plan ad- a Senate term.’ I hope that in the wake ministered by the debtor, or for which the ment of a hearing on the confirmation of a debtor is a contributing employer, effective plan under section 1129, any party in interest of this court decision we can begin that at any time on or after 180 days before the may apply to the court for authority to re- comprehensive reform effort; I know date of the commencement of a case under cover the claims for the benefit of the estate. that it would be worth doing. The Con- this title. The court shall not take into ac- The costs of recovery shall be borne by the estate.’’. stitution itself establishes a long and count pension benefits paid or payable under complex process for its own amend- TITLE IV—OTHER PROVISIONS of such Act as a result of any such termi- ment, including approval by Congress nation. SEC. 401. UNION PROOF OF CLAIM. ‘‘(b) If a defined benefit pension plan ad- Section 501(a) of title 11, United States and the States, and I am proposing to ministered by the debtor, or for which the Code, is amended by inserting ‘‘, including a use that process to save our democratic debtor is a contributing employer, has been labor organization,’’ after ‘‘A creditor’’. system of government, and ultimately terminated pursuant to section 4041 or 4042 of SEC. 402. EXCEPTION FROM AUTOMATIC STAY. our republic, from the continued corro- the Employee Retirement Income Security Section 362(b) of title 11, United States sion of special interest influence. Act of 1974, effective at any time on or after Code, is amended— 180 days before the date of the commence- (1) in paragraph (27), by striking ‘‘and’’ at I am introducing the amendment be- ment of a case under this title, but a debtor the end; cause I believe that constitutional

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S750 CONGRESSIONAL RECORD — SENATE February 24, 2010 questions deserve constitutional an- I have worked for decades to reform rity, already damaged by its hugely swers. While I intend to support in- our campaign finance laws, with col- controversial decision in Bush v. Gore, terim legislative steps to address ur- leagues and former colleagues like Sen- and done enormous harm to our democ- gently those issues that can be ad- ators Boren, Mitchell, BYRD, Daschle, racy—harm which will only become dressed in the wake of this decision, in- FEINGOLD, KERRY, MCCAIN, Dole, COCH- clearer to Americans in the next few cluding increased disclosure require- RAN, and others. Time and again we years as close Congressional and state ments, further limitations to prevent have developed comprehensive bipar- races are decided by the spending of foreign corporations’ influence on our tisan efforts, only to have them frus- corporate interests. elections, and other measures, I think trated by a small minority of Senators, The public reaction to this court de- the scope of such efforts is limited by or in one case by a veto exercised by cision has been swift and strong, I the court’s sweeping, even radical con- the first President Bush. I have served think because Americans intuitively clusions in this case. my party as head of the Democratic recognize that it represents an enor- Make no mistake, as much of the National Committee, and so I have mous transfer of power away from citi- commentary surrounding it suggests, seen the problems of our current cam- zens to wealthy corporations. I saw a the Citizens United case is one of the paign finance system from a variety of poll recently which showed broad oppo- most radical decisions in the court’s perspectives. sition to the decision among all Ameri- long history of campaign finance re- In previous debates I have rehearsed cans—Democrats, Republicans and form jurisprudence. It overturns 100 the problems with our current system. Independents alike. The poll showed years of precedents to come to the un- They include the exponentially in- that it was opposed by 66 percent of justified conclusion that corporations creasing costs of campaigns. The end- Democrats, 63 percent of Republicans, deserve the same free speech protec- less time we must spend to travel and and 72 percent of Independents. Ameri- tions as individual Americans. It opens make calls to raise money, which is cans intuitively recognize the dangers the door to corporations spending vast then spent mostly on expensive and in- of a decision to allow corporations to amounts of money directly from their creasingly negative TV ads in our spend unlimited funds against can- treasuries to influence Federal elec- states. The ways in which special inter- didates. They see this decision’s poten- tions, and thereby influence Federal of- ests buy access and influence, and how tial to worsen the problem of special ficeholders and policy decisions, in such influence erodes the trust and interest influence, and to further erode ways much more direct and con- confidence of Americans in our democ- trust and confidence in that process. centrated than is the case now through racy. These problems are systemic, per- Though this hasn’t been commented on corporate and union political action vasive and fundamental. They require too broadly in the media reports fol- committees. If you are concerned now comprehensive, fundamental reforms. lowing this decision, I also believe about the undue special interest influ- A constitutional amendment would Americans recognize that the next log- ence of big banks, energy companies, create the conditions for the possi- ical step the Supreme Court could take bility of real statutory reform that health insurance firms, pharmaceutical in the wake of this decision is to go be- could then be adjusted as we go along, firms and other special interests on our yond this decision which overturns the to address new abuses and problems as political process, just wait until these ban on corporate independent expendi- entities can spend millions of dollars they arise. I attended the Supreme Court’s oral tures in campaigns to allow direct cor- directly to elect or defeat office- arguments in this case, and I heard in porate contributions to candidates. holders. If you are concerned about the This constitutional amendment is a the pointed questions of the Justices special interest-generated paralysis of version of one passionately cham- who composed this 5–4 majority the our legislative process, wait until you pioned for years by Senator Hollings, portents of this radical decision. But see the results of this decision. As one and updated by Senator SCHUMER in even then I did not anticipate fully distinguished Republican election law- the last Congress. I have decided to re- how breathtakingly far the court introduce it at this point in our debate yer who opposes the decision recently would reach. said, it will be the ‘‘wild, wild west.’’ That extended reach was not only un- to emphasize that even though I sup- Perhaps most radical is the court’s wise and unjustified, it was also unnec- port efforts to do what we can in the conclusion that corporations are legal essary. This court majority, whose interim to reform our campaign fi- ‘‘persons’’ seemingly deserving of the members have so forcefully decried ju- nance laws, ultimately we must cut exact same free speech protections as dicial activism, might have taken a through the underbrush and go directly all Americans. This decision notwith- less radical approach, and resolved the to the heart of the problem: the Su- standing, corporations are not people. legal issue before them without draw- preme Court’s decision in Buckley vs. A first-year law student will note that ing such sweeping conclusions. Instead, Valeo and other subsequent decisions corporations are basically a legal fic- they chose to ride roughshod over dec- which conflate money with speech, and tion, entities created with certain lim- ades of the court’s own legal prece- this most recent decision in Citizens ited legal rights designed to enable dents and the principle of stare decisis. United which lifts the long-time ban on them to operate in the business world: That is why I believe it is fair to say, direct corporate spending in cam- to enter into and enforce contracts, to as Justice Stevens did in his stinging paigns. conduct transactions, and the like. dissent in this case, that this case was In these decisions, the Supreme They can’t vote or think or speak or brought by the Justices themselves. I Court has basically made it impossible run for office. They only make polit- urge my colleagues to read Justice Ste- for Americans to have what they have ical and policy decisions through their vens’ detailed, powerful and carefully repeatedly said they want: reasonable officers and shareholders, informed by reasoned dissent. In it, among other regulations of campaign contributions their lobbyists and others. They should things, he observes that the only thing and expenditures which do not either not enjoy the same fundamental free that has really changed since the Su- directly or indirectly limit the ideas speech protections that individual preme Court made its rulings in the that may be expressed in the public Americans enjoy in our political dis- Austin, 1990, and McConnell, 2003, deci- realm. I submit that such regulations course, or the ability to spend unlim- sions, upholding the corporate cam- would actually broaden the public de- ited funds directly from large cor- paign spending ban, is the composition bate on a number of issues by freeing it porate treasuries for that purpose. As of the Supreme Court. Instead of decid- from the narrow confines dictated by others have observed, the framers ing the case based on the narrow issues special interest money. With its deci- could not have imagined, and would before them, in a raw display of activ- sions, the Supreme Court has effec- not have wanted, a system in which ist judicial power the majority in this tively neutered comprehensive efforts corporations could pour literally bil- sharply divided court took the rare to control the ever-spiraling money lions of dollars into elections and step of asking for the case to be broad- chase, and has forced legislation in- thereby exercise grossly outsized influ- ened and re-argued, and then issued tended to control the cancerous effects ence over the fate of our elected rep- this sweeping decision. of money in politics to be more com- resentatives. Such a system does not With this decision, I believe the court plicated and convoluted than nec- promote free speech; it mocks it. has seriously jeopardized its own integ- essary. The complications we are

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S751 forced to resort to, in turn, create new ‘‘ARTICLE— Whereas the National Guard Youth Chal- opportunities for abuse. ‘‘SECTION 1. Congress shall have power to lenge Program represents a successful joint Even without a constitutional regulate the raising and spending of money effort between States and the Federal Gov- amendment, we can try to make some with respect to Federal elections, including ernment; progress. For example, I think we made through setting limits on— Whereas since 1993, the National Guard ‘‘(1) the amount of contributions to can- Youth Challenge Program has developed 32 some decent progress on the McCain- didates for nomination for election to, or for programs in 27 States and Puerto Rico; Feingold legislation, even despite the election to, Federal office; and Whereas since 1993, over 92,850 young indi- Court’s decisions since 2002 narrowing ‘‘(2) the amount of expenditures that may viduals have successfully graduated from the the reach of that law. But we cannot be made by, in support of, or in opposition to program, with 80 percent earning their high enact truly comprehensive legislation such candidates. school diploma or GED certificate, 24 percent that will get to the heart of the prob- ‘‘SECTION 2. A State shall have power to going to college, 18 percent joining the mili- regulate the raising and spending of money tary, and 57 percent entering the workforce lem under current court rulings. I wish with respect to State elections, including we could. I have long supported a clean with career jobs; through setting limits on— Whereas the National Guard Youth Chal- elections system of public financing for ‘‘(1) the amount of contributions to can- lenge Program has successfully helped high Congressional campaigns which would didates for nomination for election to, or for school dropouts in this Nation; and integrate spending limits, citizen fi- election to, State office; and Whereas the National Guard Youth Chal- nancing, and other basic reforms. That ‘‘(2) the amount of expenditures that may lenge Program can play a larger role in pro- is the way I think we should go. There be made by, in support of, or in opposition to viding assistance to the youth of the United such candidates. States: Now, therefore, be it are other approaches. But the fact is— ‘‘SECTION 3. Congress shall have power to and I am sorry for this—that unless the Resolved, That the Senate— implement and enforce this article by appro- (1) supports the goals and ideals of ‘‘Na- Supreme Court again reverses itself, we priate legislation.’’. tional Guard Youth Challenge Day’’; and cannot get the comprehensive legisla- f (2) calls upon the people of the United tion we really need unless we first SUBMITTED RESOLUTIONS States to observe ‘‘National Guard Youth adopt an amendment to the Constitu- Challenge Day’’ on February 24, 2010, with tion. appropriate ceremonies and respect. This amendment is neutral on what SENATE RESOLUTION 421—SUP- f kind of regulation of campaigns would PORTING THE GOALS AND AMENDMENTS SUBMITTED AND be allowed. It simply authorizes such IDEALS OF ‘‘NATIONAL GUARD PROPOSED regulation, and leaves it to Congress YOUTH CHALLENGE DAY’’ and state legislatures to determine SA 3326. Mr. REID proposed an amendment what might be appropriate. That is Ms. LANDRIEU (for herself, Mrs. to the bill H.R. 1299, to make technical cor- where such decisions should be made LINCOLN, Mr. CHAMBLISS, Mrs. rections to the laws affecting certain admin- SHAHEEN, Ms. MURKOWSKI, Mr. istrative authorities of the United States on these issues: by the people’s rep- BARRASSO, Mr. BYRD, Mr. ISAKSON, and Capitol Police, and for other purposes. resentatives in Congress and in state Mr. BENNETT) submitted the following SA 3327. Mr. REID proposed an amendment legislatures. That is why I think resolution; which was considered and to amendment SA 3326 proposed by Mr. REID amending the Constitution and ena- to the bill H.R. 1299, supra. agreed to: bling Congress to make those decisions SA 3328. Mr. REID proposed an amendment S. RES. 421 is the first step if we are to make real to the bill H.R. 1299, supra. progress on this front. Whereas ‘‘National Guard Youth Challenge SA 3329. Mr. REID proposed an amendment to the bill H.R. 1299, supra. Others will argue for a narrower con- Day’’ will be celebrated on February 24, 2010; Whereas high school dropouts need guid- SA 3330. Mr. REID proposed an amendment stitutional amendment to focus pri- ance, encouragement, and avenues toward to amendment SA 3329 proposed by Mr. REID marily on the issue of corporate ex- self-sufficiency and success; to the bill H.R. 1299, supra. penditures. That is another way to ad- Whereas over 1,300,000 students drop out of SA 3331. Mr. REID proposed an amendment dress the issue, though I believe it high school each year, costing this Nation to the bill H.R. 3961, to reform the Medicare would still leave many unanswered more than $335,000,000,000 in lost wages, reve- SGR payment system for physicians and to questions about Congress’ ability to nues, and productivity over the lifetimes of reinstitute and update the Pay-As-You-Go these individuals; requirement of budget neutrality on new tax regulate broadly in this area. We and mandatory spending legislation, en- should have a full and robust debate Whereas the life expectancy for a high school dropout is 9 years less than that of a forced by the threat of annual, automatic se- about all of the options. high school graduate, and a high school drop- questration. Someday we may adopt this idea, if out can expect to earn about $19,000 each SA 3332. Mr. REID proposed an amendment the situation continues to run out of year, compared to approximately $28,000 for to the bill H.R. 3961, supra. hand. And we may look back to this a high school graduate; f court decision in 2010 and mark it as an Whereas 54 percent of high school dropouts TEXT OF AMENDMENTS historic watershed, a catalyst for were jobless during an average month in major change. I sincerely hope that 2008, with 40 percent having no job for the en- SA 3326. Mr. REID proposed an will be true, for the sake of this insti- tire year; amendment to the bill H.R. 1299, to Whereas each annual class of high school make technical corrections to the laws tution and our democratic process, and dropouts cost this Nation over $17,000,000,000 for the sake of our country. I commend affecting certain administrative au- in publicly subsidized health care over the thorities of the United States Capitol the amendment to my colleagues’ at- course of their lives; tention, and urge them to consider co- Whereas approximately 90 percent of indi- Police, and for other purposes; as fol- sponsoring it. viduals in prisons throughout the United lows: Mr. President, I ask unanimous con- States are high school dropouts; At the end of the amendment, insert the sent that the text of the joint resolu- Whereas the goal of the National Guard following: The provisions of this act shall become ef- tion be printed in the RECORD. Youth Foundation, a non-profit 501(c)(3) or- There being no objection, the text of ganization, is to improve the education, life fective 5 days after enactment the joint resolution was ordered to be skills, and employment potential of high school dropouts in the United States through SA 3327. Mr. REID proposed an printed in the RECORD, as follows: public awareness, scholarships, higher edu- amendment to amendment SA 3326 pro- S.J. RES. 28 cation assistance, and job development pro- posed by Mr. REID to the bill H.R. 1299, Resolved by the Senate and House of Rep- grams; to make technical corrections to the resentatives of the United States of America in Whereas the National Guard Youth Chal- laws affecting certain administrative Congress assembled (two-thirds of each House lenge Program provides military-based authorities of the United States Cap- concurring therein), That the following article training, supervised work experience, assist- is proposed as an amendment to the Con- ance in obtaining a high school diploma or itol Police, and for other purposes; as stitution of the United States, which shall be equivalent degree, and development of lead- follows: valid to all intents and purposes as part of ership qualities, as well as promotion of citi- In the amendment, strike ‘‘5’’ and insert the Constitution when ratified by the legis- zenship, fellowship, service to their commu- ‘‘4’’. latures of three-fourths of the several States nity, life skills training, health and physical within seven years after the date of its sub- education, positive relationships with adults SA 3328. Mr. REID proposed an mission by the Congress: and peers, and career planning; amendment to the bill H.R. 1299, to

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S752 CONGRESSIONAL RECORD — SENATE February 24, 2010 make technical corrections to the laws cordance with Rule V of the Standing for the hearing record should send it to affecting certain administrative au- Rules of the Senate, I hereby give no- the Committee on Energy and Natural thorities of the United States Capitol tice in writing that it is my intention Resources, U.S. Senate, Washington, Police, and for other purposes; as fol- to move to suspend Rule XXII, Para- DC 20510–6150, or by email to alli- lows: graph 2, for the purpose of proposing [email protected]. At the end, insert the following: and considering the following amend- For further information, please con- The Senate Rules Committee is requested ment to H.R. 1299, including germane- tact Scott Miller at (202) 224–5488 or Al- to study the benefit of enacting a travel pro- ness requirements: lison Seyferth at (202) 224–4905. motion measure, and the impact of job cre- ation by its enactment. At the appropriate place, insert the fol- f lowing: AUTHORITY FOR COMMITTEES TO SA 3329. Mr. REID proposed an SEC. ll. PROHIBITION ON EXTENSION OR ES- MEET amendment to the bill H.R. 1299, to TABLISHMENT OF NATIONAL MONU- make technical corrections to the laws MENTS IN CERTAIN AREAS. COMMITTEE ON ARMED SERVICES affecting certain administrative au- (a) IN GENERAL.—Notwithstanding the Act Mr. REID. Mr. President, I ask unan- of June 8, 1906 (commonly known as the ‘‘An- thorities of the United States Capitol imous consent that the Committee on tiquities Act of 1906’’) (16 U.S.C. 431 et seq.), Armed Services be authorized to meet Police, and for other purposes; as fol- or any other provision of law, no further ex- lows: tension or establishment of national monu- during the session of the Senate on At the end, insert the following: ments in areas described in subsection (b) February 24, 2010, at 9:30 a.m. ‘‘and include regional statistics of job cre- may be undertaken. The PRESIDING OFFICER. Without ation’’ (b) APPLICABLE AREAS.—Subsection (a) objection, it is so ordered. shall apply to— COMMITTEE ON ARMED SERVICES SA 3330. Mr. REID proposed an (1) the Northwest Sonoran Desert, Arizona; Mr. REID. Mr. President, I ask unan- amendment to amendment SA 3329 pro- (2) the Berryessa Snow Mountains, Cali- imous consent that the Committee on posed by Mr. REID to the bill H.R. 1299, fornia; to make technical corrections to the (3) the Bodie Hills, California; Armed Services be authorized to meet laws affecting certain administrative (4) the expansion of the Cascade-Siskiyou during the session of the Senate on authorities of the United States Cap- National Monument, California; February 24, 2010, at 2:30 p.m. The PRESIDING OFFICER. Without itol Police, and for other purposes; as (5) the Modoc Plateau, California; follows: (6) the Vermillion Basin, Colorado; objection, it is so ordered. (7) the Northern Montana Prairie, Mon- COMMITTEE ON ENERGY AND NATURAL At the end, insert the following: tana; RESOURCES ‘‘including specific data on the types of (8) the Heart of the Great Basin, Nevada; jobs created’’. Mr. REID. Mr. President, I ask unan- (9) the Lesser Prairie Chicken Preserve, imous consent that the Committee on New Mexico; SA 3331. Mr. REID proposed an Energy and Natural Resources be au- amendment to the bill H.R. 3961, to re- (10) the Otero Mesa, New Mexico; (11) the Owyhee Desert, Oregon and Ne- thorized to meet during the session of form the Medicare SGR payment sys- vada; the Senate to conduct a hearing on tem for physicians and to reinstitute (12) the Cedar Mesa region, Utah; February 24, at 10 a.m., in room SD–366 and update the Pay-As-You-Go require- (13) the San Rafael Swell, Utah; and of the Dirksen Senate Office Building. ment of budget neutrality on new tax (14) the San Juan Islands, Washington. The PRESIDING OFFICER. Without and mandatory spending legislation, f objection, it is so ordered. enforced by the threat of annual, auto- NOTICE OF HEARING COMMITTEE ON ENVIRONMENT AND PUBLIC matic sequestration; as follows: WORKS AND THE SUBCOMMITTEE ON WATER Strike all after the enacting clause and in- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS AND WILDLIFE sert the following: Mr. BINGAMAN. Mr. President, I Mr. REID. Mr. President, I ask unan- SECTION 1. EXTENSION OF SUNSETS. would like to announce for the infor- imous consent that the Committee on (a) USA PATRIOT IMPROVEMENT AND RE- mation of the Senate and the public Environment and Public Works and the AUTHORIZATION ACT OF 2005.—Section 102(b)(1) that a hearing has been scheduled be- Subcommittee on Water and Wildlife of the USA PATRIOT Improvement and Re- fore the Subcommittee on Public authorization Act of 2005 (Public Law 109–177; be authorized to meet during the ses- 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 Lands and Forests. sion of the Senate on February 24 at U.S.C. 1862 note) is amended by striking The hearing will be held on Wednes- 9:30 a.m., in room 406 of the Dirksen ‘‘February 28, 2010’’ and inserting ‘‘February day, March 10, 2010, at 2:30 p.m., in Senate Office Building. 28, 2011’’. room SD–366 of the Dirksen Senate Of- The PRESIDING OFFICER. Without (b) INTELLIGENCE REFORM AND TERRORISM fice Building. objection, it is so ordered. PREVENTION ACT OF 2004.—Section 6001(b)(1) The purpose of the hearing is to re- COMMITTEE ON HEALTH, EDUCATION, LABOR, of the Intelligence Reform and Terrorism ceive testimony on the following bills: AND PENSIONS Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended S. 2895, to restore forest landscapes, Mr. REID. Mr. President, I ask unan- by striking ‘‘February 28, 2010’’ and inserting protect old growth forests, and manage imous consent that the Committee on ‘‘February 28, 2011’’. national forests in the eastside forests Health, Education, Labor, and Pen- of the State of Oregon, and for other sions be authorized to meet, during the SA 3332. Mr. REID proposed an purposes; S. 2907, to establish a coordi- session of the Senate, to conduct a amendment to the bill H.R. 3961, to re- nated avalanche protection program, hearing entitled ‘‘A Stronger Work- form the Medicare SGR payment sys- and for other purposes; S. 2966 and H.R. force Investment System for a Strong- tem for physicians and to reinstitute 4474, to authorize the continued use of er Economy’’ on February 24, 2010. The and update the Pay-As-You-Go require- certain water diversions located on Na- hearing will commence at 10 a.m. in ment of budget neutrality on new tax tional Forest System land in the Frank room 430 of the Dirksen Senate Office and mandatory spending legislation, Church-River of No Return Wilderness Building. enforced by the threat of annual, auto- and the Selway-Bitterroot Wilderness The PRESIDING OFFICER. Without matic sequestration; as follows: in the State of Idaho, and for other objection, it is so ordered. Amend the title so as to read: ‘‘An Act to purposes; and S. 2791 and H.R. 3759, to COMMITTEE ON HOMELAND SECURITY AND extend expiring provisions of the USA PA- authorize the Secretary of the Interior GOVERNMENTAL AFFAIRS TRIOT Improvement and Reauthorization to grant economy-related contract ex- Mr. REID. Mr. President, I ask unan- Act of 2005 and Intelligence Reform and Ter- rorism Prevention Act of 2004 until February tensions of a certain timber contracts imous consent that the Committee on 28, 2011.’’. between the Secretary of the Interior Homeland Security and Governmental f and timber purchasers, and for other Affairs be authorized to meet during purposes. the session of the Senate on February NOTICE OF INTENT TO SUSPEND Because of the limited time available 24, 2010, at 10:30 a.m. to conduct to THE RULES for the hearing, witnesses may testify hearing entitled ‘‘The Homeland Secu- Mr. DEMINT. Mr. President, I submit by invitation only. However, those rity Department’s Budget Submission the following notice in writing: In ac- wishing to submit written testimony for Fiscal Year 2011.’’

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S753 The PRESIDING OFFICER. Without The preamble was agreed to. the pledge, the Journal of proceedings objection, it is so ordered. The resolution, with its preamble, be approved to date, the morning hour COMMITTEE ON THE JUDICIARY reads as follows: be deemed expired, the time for the two Mr. REID. Mr. President, I ask unan- S. RES. 421 leaders be reserved for their use later imous consent that the Committee on Whereas ‘‘National Guard Youth Challenge in the day, and the Senate resume con- the Judiciary be authorized to meet Day’’ will be celebrated on February 24, 2010; sideration of the House message with during the session of the Senate, on Whereas high school dropouts need guid- respect to H.R. 1299. ance, encouragement, and avenues toward The PRESIDING OFFICER. Without February 24, 2010, at 2 p.m., in room self-sufficiency and success; SD–226 of the Dirksen Senate Office Whereas over 1,300,000 students drop out of objection, it is so ordered. Building, to conduct a hearing entitled high school each year, costing this Nation f ‘‘Nominations.’’ more than $335,000,000,000 in lost wages, reve- PROGRAM The PRESIDING OFFICER. Without nues, and productivity over the lifetimes of objection, it is so ordered. these individuals; Mr. DURBIN. Mr. President, tomor- Whereas the life expectancy for a high COMMITTEE ON FOREIGN RELATIONS row several Senators will be partici- school dropout is 9 years less than that of a pating in the bipartisan, bicameral Mr. REID. Mr. President, I ask unan- high school graduate, and a high school drop- imous consent that the Committee on health care summit with President out can expect to earn about $19,000 each Barack Obama. I am honored to be one Foreign Relations be authorized to year, compared to approximately $28,000 for meet during the session of the Senate a high school graduate; of those Senators. As a result, though, on February 24, 2010, at 2:30 p.m., to Whereas 54 percent of high school dropouts there will be no rollcall votes prior to hold a hearing entitled ‘‘Foreign Policy were jobless during an average month in 4 p.m. tomorrow. We will continue to Priorities in the FY11 International Af- 2008, with 40 percent having no job for the en- work on an agreement to consider the tire year; 30-day tax extenders legislation, which fairs Budget.’’ Whereas each annual class of high school The PRESIDING OFFICER. Without I just referred to in an earlier state- dropouts cost this Nation over $17,000,000,000 ment. objection, it is so ordered. in publicly subsidized health care over the As a reminder, Senator REID also SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW course of their lives; filed cloture on the motion to concur Mr. REID. Mr. President, I ask unan- Whereas approximately 90 percent of indi- with respect to H.R. 1299, which is the imous consent that the Committee on viduals in prisons throughout the United legislative vehicle for the Travel Pro- the Judiciary, Subcommittee on States are high school dropouts; Whereas the goal of the National Guard motion Act. We hope to reach an agree- Human Rights and the Law, be author- Youth Foundation, a non-profit 501(c)(3) or- ment to have that vote tomorrow. ized to meet during the session of the ganization, is to improve the education, life f Senate, on February 24, 2010, at 9 a.m., skills, and employment potential of high in room SD–226 of the Dirksen Senate school dropouts in the United States through APPOINTMENTS Office Building, to conduct a hearing public awareness, scholarships, higher edu- The PRESIDING OFFICER. The entitled ‘‘In Our Own Backyard: Child cation assistance, and job development pro- grams; Chair announces, on behalf of the ma- Prostitution and Sex Trafficking in the jority leader, pursuant to Executive United States.’’ Whereas the National Guard Youth Chal- lenge Program provides military-based Order No. 13531, appointments of the The PRESIDING OFFICER. Without training, supervised work experience, assist- following to the National Commission objection, it is so ordered. ance in obtaining a high school diploma or on Fiscal Responsibility and Reform: SUBCOMMITTEE ON SCIENCE AND SPACE equivalent degree, and development of lead- the Honorable RICHARD J. DURBIN of Il- Mr. REID. Mr. President, I ask unan- ership qualities, as well as promotion of citi- linois, the Honorable MAX BAUCUS of zenship, fellowship, service to their commu- imous consent that the Subcommittee Montana, the Honorable KENT CONRAD on Science and Space of the Committee nity, life skills training, health and physical education, positive relationships with adults of North Dakota. on Commerce, Science, and Transpor- and peers, and career planning; f tation be authorized to meet during Whereas the National Guard Youth Chal- the session of the Senate on February lenge Program represents a successful joint ADJOURNMENT UNTIL 10 A.M. 24, 2010, at 2:30 p.m. in room 253 of the effort between States and the Federal Gov- TOMORROW Russell Senate Office Building. ernment; Mr. DURBIN. Mr. President, if there The PRESIDING OFFICER. Without Whereas since 1993, the National Guard is no further business to come before objection, it is so ordered. Youth Challenge Program has developed 32 the Senate, I ask unanimous consent programs in 27 States and Puerto Rico; f Whereas since 1993, over 92,850 young indi- that it adjourn under the previous NATIONAL GUARD YOUTH viduals have successfully graduated from the order. CHALLENGE DAY program, with 80 percent earning their high There being no objection, the Senate, school diploma or GED certificate, 24 percent at 7:19 p.m., adjourned until Thursday, Mr. DURBIN. I ask unanimous con- going to college, 18 percent joining the mili- February 25, 2010, at 10 a.m. sent the Senate proceed to the imme- tary, and 57 percent entering the workforce f diate consideration of S. Res. 421, sub- with career jobs; mitted earlier today. Whereas the National Guard Youth Chal- NOMINATIONS The PRESIDING OFFICER. The lenge Program has successfully helped high school dropouts in this Nation; and Executive nominations received by clerk will report the resolution by the Senate: title. Whereas the National Guard Youth Chal- lenge Program can play a larger role in pro- THE JUDICIARY The legislative clerk read as follows: viding assistance to the youth of the United ROBERT NEIL CHATIGNY, OF CONNECTICUT, TO BE A resolution (S. Res. 421) supporting the States: Now, therefore, be it UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- goals and ideals of ‘‘National Guard Youth Resolved, That the Senate— CUIT, VICE GUIDO CALABRESI, RETIRED. GOODWIN LIU, OF CALIFORNIA, TO BE UNITED STATES Challenge Day.’’ (1) supports the goals and ideals of ‘‘Na- CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE A NEW PO- There being no objection, the Senate tional Guard Youth Challenge Day’’; and SITION CREATED BY PUBLIC LAW 110–177, APPROVED JAN- UARY 7, 2008. proceeded to consider the resolution. (2) calls upon the people of the United States to observe ‘‘National Guard Youth WILLIAM JOSEPH MARTINEZ, OF COLORADO, TO BE Mr. DURBIN. I ask unanimous con- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF Challenge Day’’ on February 24, 2010, with COLORADO, VICE EDWARD W. NOTTINGHAM, RESIGNED. sent the resolution be agreed to, the appropriate ceremonies and respect. GARY SCOTT FEINERMAN, OF ILLINOIS, TO BE UNITED preamble be agreed to, the motions to STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT f OF ILLINOIS, VICE ROBERT W. GETTLEMAN, RETIRED. reconsider be laid upon the table, with SHARON JOHNSON COLEMAN, OF ILLINOIS, TO BE no intervening action or debate, and ORDERS FOR THURSDAY, UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLINOIS, VICE MARK R. FILIP, RESIGNED. any statements related to the resolu- FEBRUARY 25, 2009 DEPARTMENT OF JUSTICE tion be printed in the RECORD. Mr. DURBIN. Mr. President, I ask WIFREDO A. FERRER, OF FLORIDA, TO BE UNITED The PRESIDING OFFICER. Without unanimous consent that when the Sen- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF objection, it is so ordered. ate completes its business today it ad- FLORIDA FOR THE TERM OF FOUR YEARS, VICE R. ALEX- The resolution (S. Res. 421) was ANDER ACOSTA. journ until 10 a.m. on Thursday, Feb- LAURA E. DUFFY, OF CALIFORNIA, TO BE UNITED agreed to. ruary 25; that following the prayer and STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF

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CALIFORNIA FOR A TERM OF FOUR YEARS, VICE CAROL CHRISTOPHER JAMES LA FARGUE, OF LOUISIANA DEPARTMENT OF STATE CHIEN-HUA LAM. PHILIP LAMADE, OF MISSOURI ALICIA ANNE GARRIDO LIMTIACO, OF GUAM, TO BE DWAINE ERIQ LEE, OF CALIFORNIA KRISTEN E. AANSTOOS, OF MISSISSIPPI UNITED STATES ATTORNEY FOR THE DISTRICT OF GUAM ALYSSA WILSON LEGGOE, OF NEW JERSEY KATHLEEN ELIZABETH ABNER, OF MARYLAND AND CONCURRENTLY UNITED STATES ATTORNEY FOR JESSE ADAM LEGGOE, OF NEW JERSEY HATIM NELSON AHMED, OF VIRGINIA THE DISTRICT OF THE NORTHERN MARIANA ISLANDS GINGER EDWARDS LONGWORTH, OF SOUTH CAROLINA ZIA AHMED, OF MASSACHUSETTS FOR THE TERM OF FOUR YEARS, VICE LEONARDO M. LESLIE MARBURY, OF GEORGIA ANDREW R. ALBERTS, OF VIRGINIA RAPADAS. BRUCE FREEMAN MCFARLAND, OF WASHINGTON SYED MUJTABA ANDRABI, OF WASHINGTON JOHN B. STEVENS, JR., OF TEXAS, TO BE UNITED ANDREW MCKIM, OF CALIFORNIA ALISON MARIE ASHWELL, OF VIRGINIA STATES ATTORNEY FOR THE EASTERN DISTRICT OF AMY B. MEYER, OF CALIFORNIA MARK DAVID AUBRECHT, OF WASHINGTON TEXAS FOR THE TERM OF FOUR YEARS, VICE REBECCA A. AURELIA MICKO, OF FLORIDA MICHELLE E. AZEVEDO, OF THE DISTRICT OF COLUMBIA A. GREGORY. TRACY JEANNE MILLER, OF OREGON JARI D. BARNETT, OF OKLAHOMA JOHN DALE FOSTER, OF WEST VIRGINIA, TO BE UNITED KERRY MONAGHAN, OF TEXAS JACOB BARRETT, OF VIRGINIA STATES MARSHAL FOR THE SOUTHERN DISTRICT OF DIANE B. MOORE, OF NEW YORK JONATHAN M. BARROW, OF MARYLAND WEST VIRGINIA FOR THE TERM OF FOUR YEARS, VICE MONIQUE MOSOLF, OF FLORIDA CARRIE LYNN BASNIGHT, OF KENTUCKY JAMES DUANE DAWSON. JUNIPER M. NEILL, OF ALASKA AMANDA K. BECK, OF CALIFORNIA GARY MICHAEL GASKINS, OF WEST VIRGINIA, TO BE CHRISTOPHER D. O’DONNELL, OF FLORIDA MICHELLE NICOLE BENNETT, OF CALIFORNIA UNITED STATES MARSHAL FOR THE NORTHERN DIS- MIRIAM ONIVOGUI, OF GEORGIA ANDREW BERDY, OF NEW JERSEY TRICT OF WEST VIRGINIA FOR THE TERM OF FOUR SEAN JOSEPH OSNER, OF TEXAS DUSTIN REEVE BICKEL, OF GEORGIA YEARS, VICE J. C. RAFFETY, RESIGNED. GEOFFREY BROOKS PARISH, OF TEXAS ASHWIN E. BIJANKI, OF VIRGINIA PAUL WARD, OF NORTH DAKOTA, TO BE UNITED JONATHAN CLAYTON RICHTER, OF FLORIDA NATALIE IRENE BONJOC, OF CALIFORNIA STATES MARSHAL FOR THE DISTRICT OF NORTH DA- MICHAEL ALLAN RONNING, OF MINNESOTA STEVEN R. BONSALL, OF VIRGINIA KOTA FOR THE TERM OF FOUR YEARS, VICE DAVID MICHELE A. RUSSELL, OF VIRGINIA KATHLEEN E. BORGESS, OF VIRGINIA SCOTT CARPENTER. CARL ANDREW SEAGRAVE, OF THE DISTRICT OF COLUM- ARIELA BORGIA, OF VIRGINIA BIA MICHAEL D. BOVEN, OF MICHIGAN FOREIGN SERVICE LORRAINE SHERMAN, OF FLORIDA BENJAMIN KIRK BOWMAN, OF COLORADO CYBILL SIGLER, OF TEXAS RYAN G. BRADEEN, OF MAINE THE FOLLOWING NAMED PERSONS OF THE AGENCIES DIEDRE T. BRADSHAW, OF VIRGINIA ROBERT J. SIMMONS, OF THE DISTRICT OF COLUMBIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- KATIE C. BRASIC, OF VIRGINIA R. CHRISTIAN SMITH, OF NEVADA FICERS OF THE CLASSES STATED. STEVEN ARTHUR CONNETT BREMNER, OF MINNESOTA POONAM SMITH-SREEN, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF MARY K. BREZIN, OF COLORADO FRANCISCO RICARDO SOMARRIBA, OF FLORIDA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE MATTHEW MCMAHON BRIGGS, OF THE DISTRICT OF CO- SANDRA ANNA STAJKA, OF VIRGINIA DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- LUMBIA JENNIFER J. TIKKA, OF WASHINGTON ICA, CHRISTOPHER M. BRITTON, OF MARYLAND DOANH Q. VAN, OF WASHINGTON SARAH A. BUDDS, OF SOUTH CAROLINA AGENCY FOR INTERNATIONAL DEVELOPMENT CAROLL L. VASQUEZ, OF VIRGINIA EVAN J. BURNS, OF PENNSYLVANIA JORGE E. VELASCO, OF MARYLAND ROBIN J. BRINKLEY HADDEN, OF MARYLAND JOHN PATRICK CALLAN, OF WASHINGTON STEPHANIE ANN WILCOCK, OF WASHINGTON SHARON THAMS CARTER, OF FLORIDA JOSEPH CHRISTOPHER CARNES, OF OHIO GEORGE ZARYCKY, OF VIRGINIA HAVEN G. CRUZ-HUBBARD, OF CALIFORNIA MELANIE ROSE CARTER, OF ILLINOIS MARY PAMELA FOSTER, OF MARYLAND DEPARTMENT OF STATE CHRISTOPHER P. CASAS, OF VIRGINIA BRUCE GELBAND, OF VIRGINIA CHRIS M. CELESTINO, OF THE DISTRICT OF COLUMBIA MIKAELA SAWTELLE MEREDITH, OF VIRGINIA ANTHONY P. KUJAWA, OF MARYLAND BRIAN M. CHARMATZ, OF MARYLAND LESLIE ANN PERRY, OF COLORADO KRISTI J. MIETZNER, OF VIRGINIA CHRISTOPHER A. CHAUNCEY, OF VIRGINIA ROY PLUCKNETT, OF VIRGINIA DAVID R. CHEE, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF GARY ROBBINS, OF COLORADO GEOFFREY KAMEN CHOY, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN SARAH WRIGHT, OF THE DISTRICT OF COLUMBIA MARJORIE CHRISTIAN, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF HEATHER L. CHURCHILL, OF VIRGINIA DEPARTMENT OF STATE AMERICA, MELANIE L. CLARK, OF VIRGINIA JOSEPH AMBROSE KENNY, JR., OF MARYLAND DEPARTMENT OF STATE AMY LAURENCE CONROY, OF THE DISTRICT OF COLUM- ERIC KHANT, OF FLORIDA BIA JEFFREY R. ALLEN, OF THE DISTRICT OF COLUMBIA JASON A. COOK, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF TODD ANDERSON, OF KENTUCKY WILLIAM R. COOK, OF CALIFORNIA CLASS TWO, CONSULAR OFFICER AND SECRETARY IN JAMES D. APPLEGATE, OF MICHIGAN WILLIAM T. COOMBS, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MAHA ANGELINA ARMUSH, OF TEXAS EMILIO CORTES, OF VIRGINIA AMERICA, CHUKA ASIKE, OF TEXAS GREGORY ROY COWAN, OF TEXAS AGENCY FOR INTERNATIONAL DEVELOPMENT WILLIAM D. BAKER, OF TEXAS CHRISTEN LANE DECKER, OF NEW HAMPSHIRE RICHARD C. BLACKWOOD, OF VIRGINIA JONATHAN MORRIS DENNEHY, OF MASSACHUSETTS CANDACE HARRING BUZZARD, OF WASHINGTON STEPHANIE ELIZABETH BOSCAINO, OF TEXAS PHILLIP ANTHONY DE SOUZA, OF MARYLAND JOHN JOSEPH CARDENAS, OF CALIFORNIA THOMAS S. BROWN, OF WASHINGTON JILL WISNIEWSKI DIETRICH, OF THE DISTRICT OF CO- HOLLY FLUTY DEMPSEY, OF WEST VIRGINIA CHRISTIENNE CARROLL, OF CALIFORNIA LUMBIA PETER WILLIAM DUFFY, OF MASSACHUSETTS JEFFREY JOHN CARY, OF THE DISTRICT OF COLUMBIA JULIA SAMPSON DILLARD, OF CALIFORNIA MUSTAPHA EL HAMZAOUI, OF NEW HAMPSHIRE MICHAEL G. CATHEY, OF CALIFORNIA NOAH A. DONADIEU, OF PENNSYLVANIA REBEKAH R. EUBANKS, OF ILLINOIS PERRY YANG CHEN, OF VIRGINIA MELISSA ANN DORSEY, OF ILLINOIS CHRISTIAN WILLIAM HOUGEN, OF VIRGINIA CHRISTINA M. CHESHIER, OF ARIZONA JAMES E. DUCKETT, OF VIRGINIA SHERI-NOUANE BERNADETTE JOHNSON, OF NEW YORK MARTHA ANN CRUNKLETON, OF FLORIDA RUTH LILLIAN DOWE, OF NEW YORK JONATHAN T. KAMIN, OF MARYLAND CHRISTOPHER P. CURRAN, OF NEW HAMPSHIRE WILLIAM ECHOLS, OF WASHINGTON KARIN A. KOLSTROM, OF FLORIDA ROBERTO CUSTODIO, OF FLORIDA JESSICA D. EICHER, OF COLORADO WILLIAM C. MACLAREN, OF VIRGINIA GREGORY D’ALESANDRO, OF MARYLAND JEFFREY GORDON ELSEN, OF WISCONSIN VEENA REDDY, OF CALIFORNIA JOYE L. DAVIS-KIRCHNER, OF MISSOURI HOWARD E. ENNACO, OF VIRGINIA DEPARTMENT OF STATE ANNE B. DEBEVOISE, OF CALIFORNIA RONALD L. ETTER, OF VIRGINIA JAFFAR A. DIAB, OF MASSACHUSETTS KATHRYN LINDSAY FISHER, OF VIRGINIA DANIEL G. BROWN, OF MISSOURI CHRISTOPHER R. DILWORTH, OF VIRGINIA HOWARD A. FREY, OF VIRGINIA KEVIN A. WEISHAR, OF MISSOURI DAVID JOSEPH DRINKARD, OF MISSOURI MARC BRANDON GARTNER, OF CALIFORNIA MARIALICE BURFORD EPERIAM, OF ILLINOIS CASEY THOMAS GETZ, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF JASON D. EVANS, OF WASHINGTON RICHARD D. GOPAUL, OF MARYLAND CLASS THREE, CONSULAR OFFICER AND SECRETARY IN KATHLEEN FOX, OF CALIFORNIA MARK OSTAPOVYCH GUL, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF KATHEY-LEE GALVIN, OF OREGON AMANDA GUNTON, OF NEW YORK AMERICA, COREY MATTHEW GONZALEZ, OF THE DISTRICT OF CO- JAMES J. HAMBLIN, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT LUMBIA ZENNIA D. HANCOCK, OF NEW YORK GRANT S. GUTHRIE, OF CALIFORNIA CHRISTINE L. HARPER, OF ALABAMA RANDOLPH HENRI AUGUSTIN, OF GEORGIA ANAIDA K. HAAS, OF ALASKA TARA L. HARRISON, OF UTAH SHIRLEY L. BALDWIN, OF VIRGINIA ADAM J. HANTMAN, OF MARYLAND JENNIFER M. HEATH, OF VIRGINIA MICHELLE M. BARRETT, OF MICHIGAN SARA RUTH HARRIGER, OF ALASKA ANNALIESE J. HEILIGENSTEIN, OF TEXAS JAMES A. BERSCHEIT, OF WYOMING JAMES HOLTSNIDER, OF IOWA LAURA HEIMANN, OF VIRGINIA DAVID M. BOGRAN SCHREWE, OF TEXAS AARON D. HONN, OF TEXAS JAMES MICHAEL HENRY, OF MASSACHUSETTS AARON S. BROWNELL, OF TEXAS LUDOVIC L. HOOD, OF THE DISTRICT OF COLUMBIA BENJAMIN E. HETTINGA, OF VIRGINIA LESLIE-ANN A. BURNETTE, OF CALIFORNIA ERIKA LOREL HOSKING, OF VIRGINIA MICHAEL D. HIGHT, OF VIRGINIA MATTHEW ANDREW BURTON, OF NEW HAMPSHIRE CHARLES L. JARRETT III, OF TENNESSEE SIRLI HILL, OF VIRGINIA TAMIKA CAMERON, OF TEXAS HORMAZD J. KANGA, OF KENTUCKY DUANE MARTIN HILLEGAS, OF MARYLAND STANLEY A. CANTON, OF MARYLAND DAVID KRISTIAN KVOLS, OF FLORIDA THOMAS MARTIN HOCHSTETLER, OF VIRGINIA JAMES CHRISTOPHER CARLSON, OF COLORADO FELICIA D. LYNCH, OF FLORIDA ELLEN M. HOFFMAN, OF VIRGINIA CHRISTINA EVE CHAPPELL, OF PENNSYLVANIA MIKA MCBRIDE, OF TEXAS JENNIFER HOLMES, OF UTAH RANDY CHESTER, OF NEVADA MATTHEW C. MCNEIL, OF VIRGINIA JACQUELINE PHILYAW HOSKINS, OF VIRGINIA BLAKE A. CHRYSTAL, OF OREGON KAREN N. MIMS, OF PENNSYLVANIA MARGO MARIE HUENNEKENS, OF CALIFORNIA MARY R. COBB, OF OHIO JUDITH H. MONSON, OF NEW YORK CHRISTIAN BRIAN HUMMEL, OF VIRGINIA BARRY COLLINS, OF NEW HAMPSHIRE ROSHNI MONA NIRODY, OF ALASKA WILLIAM HUNT, JR., OF MARYLAND ANANTA HANS COOK, OF CALIFORNIA SHEILA SOPHIA O’DONNELL, OF ILLINOIS CASEY IORG, OF CALIFORNIA BRADLEY CRONK, OF FLORIDA JUAN CARLOS OSPINA, OF FLORIDA JENNIFER J. ISAKOFF, OF VIRGINIA WALTER DOETSCH, OF TEXAS BENJAMIN NELSON REAMES, OF TEXAS CHARLES L. JEWELL, JR., OF VIRGINIA MYRA YUMIKO EMATA-STOKES, OF CALIFORNIA CHARLES WILSON RUARK III, OF GEORGIA MICHAEL D. JOHNSTONE, OF VIRGINIA LALARUKH FAIZ, OF VIRGINIA SARAH A. SCHMIDT, OF MAINE ALEX JONES, OF WISCONSIN STEPHEN FITZPATRICK, OF NEW HAMPSHIRE HEIDI E. SMITH, OF MICHIGAN JOHN BOYCE JONES, OF VIRGINIA KARLA INEZ FOSSAND, OF MINNESOTA MARC ALAN SNIDER, OF ILLINOIS LEON V. JONES II, OF VIRGINIA MELISSA M. FRANCIS, OF FLORIDA VIRGIL B. STROHMEYER, OF CALIFORNIA LISA KALAJIAN, OF NEW JERSEY STEPHANIE JAMES GARVEY, OF TEXAS ADRIENNE BECK TAYLOR, OF VIRGINIA MARJON E. KAMRANI, OF OHIO MICHAEL GLEES, OF CALIFORNIA REBECCA S. PHELPS THURMOND, OF MICHIGAN JI HONG KANG, OF VIRGINIA GARRET JOHN HARRIES, OF MINNESOTA ANDRES VALDES, OF FLORIDA KATHERINE A. KEEGAN, OF VIRGINIA ANGELA DAWN HOGG, OF CALIFORNIA SOVANDARA YIN, OF OREGON KATHRYN KANE KEELEY, OF THE DISTRICT OF COLUM- HUSSAIN WAHEED IMAM, OF VIRGINIA MADELINA M. YOUNG, OF FLORIDA BIA CORY B. JOHNSTON, OF MAINE ALISHIA KONTOR, OF VIRGINIA TAISHA MUMTAZI JONES, OF THE DISTRICT OF COLUM- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN MARC N. KROEPER, OF VIRGINIA BIA SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES KLAUDIA G. KRUEGER, OF FLORIDA MICHAEL G. JUNGE, OF WASHINGTON IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CORINNE M. KUHAR, OF VIRGINIA KAREN D. KLIMOWSKI, OF CALIFORNIA AMERICA: TAMMY L. LAKE, OF FLORIDA PATRICK J. KOLLARS, OF SOUTH DAKOTA DEPARTMENT OF COMMERCE KRISTINA LAW, OF VIRGINIA THOMAS J. KRESS, OF NEW YORK PUI-YUNG LAW, OF VIRGINIA RONALD JAY KRYK, OF TEXAS VINCE H. SUNEJA, OF VIRGINIA MICHAEL A. LEON, OF VIRGINIA

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STEVEN HOWARD LERDA, OF VIRGINIA ROGER LANIER SHIELDS, OF VIRGINIA THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A JOHN T. LEWIS, OF VIRGINIA CRAIG M. SINGLETON, OF FLORIDA TERM EXPIRING NOVEMBER 28, 2012, VICE ELIZABETH PIERRE ANTOINE LOUIS, OF FLORIDA THOMAS MICHAEL SLAYTON, OF THE DISTRICT OF CO- ANN BRYAN, TERM EXPIRED. MIKE LURIE, OF VIRGINIA LUMBIA BRIDGET TERRY LONG, OF MASSACHUSETTS, TO BE A MATTHEW K. MAGGARD, OF VIRGINIA JOHN THOMAS WOODRUFF SLOVER, OF COLORADO MEMBER OF THE BOARD OF DIRECTORS OF THE NA- ANDREW J. MALANDRINO, OF VIRGINIA PAULETTE C. SMALL, OF NORTH CAROLINA TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM JEFFREY M. MARTIN, OF RHODE ISLAND BARRY DANIEL SMITH, OF OREGON EXPIRING NOVEMBER 28, 2012, VICE JOSEPH K. TORGESEN, LEONARD FREDERICK MARTIN, OF MARYLAND DON J. SMITH, OF VIRGINIA TERM EXPIRED. TRACY L. MASUDA, OF VIRGINIA JASON A. SMITH, OF VIRGINIA BILLY F. MCALLISTER, JR., OF VIRGINIA SCOTT M. SMITH, OF VIRGINIA CONGRESS OF THE UNITED STATES BRADLEY THOMAS MCGUIRE, OF VIRGINIA WILLIAM CATLETT SOLLEY, OF VIRGINIA WILLIAM H. MCHENRY II, OF VIRGINIA MICHELLE SOSA, OF CALIFORNIA STEPHEN T. AYERS, OF MARYLAND, TO BE ARCHITECT CHARLOTTE I. MCWILLIAMS, OF TEXAS JUDITH C. SPANBERGER, OF MARYLAND OF THE CAPITOL FOR THE TERM OF TEN YEARS, VICE CANDICE R. MEANS, OF VIRGINIA KENNETH STURROCK, OF FLORIDA ALAN M. HANTMAN, RESIGNED. HENRY WYATT MEASELLS IV, OF VIRGINIA RUDRANATH SUDAMA, OF MARYLAND MICHAEL A. MIDDLETON, OF VIRGINIA JANEL LYNN SUTTON, OF COLORADO IN THE COAST GUARD AMY J. MILLS, OF VIRGINIA PETER J. SWEENEY, OF NEW JERSEY KYLE G. MILLS, OF VIRGINIA DREW TANZMAN, OF CALIFORNIA THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- ERIC K. MONTAGUE, OF VIRGINIA ALPER A. TUNCA, OF THE DISTRICT OF COLUMBIA MENT AS PERMANENT COMMISSIONED REGULAR OFFI- GRANT HANLEY MORROW, OF PENNSYLVANIA TOMMY VARGAS, OF VIRGINIA CERS IN THE UNITED STATES COAST GUARD IN THE DAVID JEFFREY MOURITSEN, OF UTAH GARETH JOHN VAUGHAN, OF THE DISTRICT OF COLUM- GRADES INDICATED UNDER TITLE 14, U.S. CODE, SECTION PETER D. MUCHA, OF VIRGINIA BIA 211: AMY P. MULLIN, OF VIRGINIA ERIC VELA, OF VIRGINIA PAUL W. NEVILLE, OF THE DISTRICT OF COLUMBIA CHRISTOPHER VOLPICELLI, OF VIRGINIA To be lieutenant commander ALBERT FRANCISCO OFRECIO, OF CALIFORNIA JOHN PHILIPS WATERMAN, OF MASSACHUSETTS JOANN F. BURDIAN JUNG OH, OF VIRGINIA MARK A. WILKINS, OF VIRGINIA KELLY K. DENNING STEPHANIE NICOLE PADGETT, OF VIRGINIA CHRISTAL G. WINFORD, OF VIRGINIA BENJAMIN PARSELL, OF THE DISTRICT OF COLUMBIA JOANNA K. WOJCIK, OF VIRGINIA To be lieutenant VIKAS C. PARUCHURI, OF PENNSYLVANIA HSUEH-TING WU, OF CALIFORNIA MICHAEL PENNELL, OF TENNESSEE HEATHER LOUISE YORKSTON, OF MARYLAND TORREY H. BERTHEAU SEVERIN J. PEREZ, OF VIRGINIA LAUREN U. FULLAM NATIONAL BOARD FOR EDUCATION SCIENCES ROBERT A. PERLS, OF NEW MEXICO KENNETH R. MORTON ANDREA LYN PETERSON, OF THE DISTRICT OF COLUM- ADAM GAMORAN, OF WISCONSIN, TO BE A MEMBER OF DAWN N. PREBULA BIA THE BOARD OF DIRECTORS OF THE NATIONAL BOARD CHARLES SAUNDERS PORT, OF VIRGINIA FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- IN THE ARMY KERRI R. PROVENCIO, OF VIRGINIA VEMBER 28, 2011, VICE RICHARD JAMES MILGRAM, TERM MICHAEL JOSEPH PRYOR, OF CALIFORNIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EXPIRED. MICHAEL G. RAMSEY, OF VIRGINIA IN THE UNITED STATES ARMY TO THE GRADE INDICATED DEBORAH LOEWENBERG BALL, OF MICHIGAN, TO BE A CHARLES ANTHONY RAYMOND, OF VIRGINIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MEMBER OF THE BOARD OF DIRECTORS OF THE NA- AMY NICOLE REICHERT, OF COLORADO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM ANTHONY S. RIDGEWAY, OF VIRGINIA EXPIRING NOVEMBER 28, 2012, VICE CAROLINE M. HOXBY, EDWARD LEWIS ROBINSON III, OF MARYLAND To be general TERM EXPIRED. SETH R. ROGERS, OF SOUTH CAROLINA JARED D. ROSS, OF MARYLAND DEPARTMENT OF EDUCATION LT. GEN. JAMES D. THURMAN ALISON ROTH, OF VIRGINIA THE FOLLOWING NAMED UNITED STATES ARMY RE- EDUARDO M. OCHOA, OF CALIFORNIA, TO BE ASSIST- CRAIG ANTHONY RYCHEL, OF THE DISTRICT OF COLUM- SERVE OFFICER FOR APPOINTMENT AS THE CHIEF, ANT SECRETARY FOR POSTSECONDARY EDUCATION, DE- BIA ARMY RESERVE AND APPOINTMENT TO THE GRADE INDI- PARTMENT OF EDUCATION, VICE DIANE AUER JONES, RE- ANNE G. SAUNDERS, OF VIRGINIA CATED UNDER PROVISIONS OF TITLE 10, U.S.C., SECTIONS SIGNED. TAMARA L. SCOTT, OF MARYLAND 3038 AND 601: TIMOTHY JAMES SCOVIN, OF THE DISTRICT OF COLUM- NATIONAL BOARD FOR EDUCATION SCIENCES BIA To be lieutenant general ELIZABETH SELLEN, OF THE DISTRICT OF COLUMBIA MARGARET R. MCLEOD, OF THE DISTRICT OF COLUM- MICHAEL R. SHAW, OF VIRGINIA BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF LT. GEN. JACK C. STULTZ, JR.

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