Senate the Senate Met at 10 A.M

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

Vol. 155 WASHINGTON, THURSDAY, APRIL 2, 2009 No. 56 Senate The Senate met at 10 a.m. and was appoint the Honorable MARK L. PRYOR, a come and open the Senate, we give the called to order by the Honorable MARK Senator from the State of Arkansas, to per- Pledge of Allegiance to the flag. We do L. PRYOR, a Senator from the State of form the duties of the Chair. that because of the country and what Arkansas. ROBERT C. BYRD, that flag stands for. But I was struck President pro tempore. today having JOHN MCCAIN in the PRAYER Mr. PRYOR thereupon assumed the Chamber. Really, he is representative chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- of what that flag is all about—someone fered the following prayer: f who not only comes from a lineage of Let us pray. RECOGNITION OF THE MAJORITY people who have served our country, Eternal Spirit, whose inward pres- LEADER but this good man has served our coun- ence means cleansing, forgiveness, try in so many different ways. peace, and power, dissolve the barriers The ACTING PRESIDENT pro tem- We came to Washington together in that keep our souls from You. Remove pore. The Democratic leader is recog- 1982. We came to the Senate together from our lawmakers the self-suffi- nized. in 1986. I can remember while I was ciency that ignores their need of You f still in the House of Representatives I attended a prayer breakfast, and Sen- and make their hearts receptive to SCHEDULE Your plans. Lord, bestow upon them ator MCCAIN was the presenter. I can- special gifts of wisdom and under- Mr. REID. Mr. President, following not do justice and I will not even try to standing that they may uphold what is leader remarks, the Senate will resume describe the presentation he made right and follow what is true. Increase consideration of the budget resolution. about a Christmas celebration they had their faith, strengthen their judgment, Of the statutory time allotted to the when he was a prisoner of war. He 1 and quicken their zeal for integrity and budget resolution, 1 ⁄2 hours remains. spent so much time in solitary confine- honor. Spirit of the living God, fall Upon the use or yielding back of that ment. He could have left the prison afresh on them. Radiate Your hope time, the Senate will proceed to a se- much earlier. He would not do that be- through their labors, as they expect to ries of votes in relation to the pending cause his comrades were still there. see Your best for our Nation and world. amendments and any other amend- We take a lot of things for granted. We pray in Your sacred Name. Amen. ments offered to the budget resolution. Even though JOHN MCCAIN and I have We expect those votes will occur disagreed on occasion on things polit- f around 11:30 a.m., give or take a few ical, one thing that will always be in PLEDGE OF ALLEGIANCE minutes. my mind and my heart is people such Under an agreement reached last The Honorable MARK L. PRYOR led as JOHN MCCAIN who represent what night, there will be 2 minutes for de- our country is all about. the Pledge of Allegiance, as follows: bate equally divided prior to each vote. f I pledge allegiance to the Flag of the Each vote after the first vote will be 10 United States of America, and to the Repub- minutes in duration. Senators should RECOGNITION OF THE MINORITY lic for which it stands, one nation under God, LEADER indivisible, with liberty and justice for all. expect rollcall votes throughout the day and maybe even into the evening. The ACTING PRESIDENT pro tem- f Once we start, we have to finish this pore. The Republican leader is recog- APPOINTMENT OF ACTING budget resolution. I encourage Sen- nized. PRESIDENT PRO TEMPORE ators to stay here. The first vote will f be 15 minutes. After that, there will be The PRESIDING OFFICER. The 10-minute votes, and we are going to JOHN MCCAIN clerk will please read a communication enforce that time. If Members are not to the Senate from the President pro Mr. MCCONNELL. Mr. President, the here, they will not be counted. The majority leader said it well. No one has tempore (Mr. BYRD). clerks are going to be instructed to The legislative clerk read the fol- done more for his country than JOHN turn the votes in very quickly. lowing letter: MCCAIN. We are all privileged to be f able to serve with him in the Senate. U.S. SENATE, Mr. MCCAIN. Mr. President, I thank PRESIDENT PRO TEMPORE, JOHN MCCAIN Washington, DC, April 2, 2009. both leaders. I thank my friend from To the Senate: Mr. REID. Mr. President, let me take Nevada. He and I came to the House of Under the provisions of rule I, paragraph 3, a minute to say something because of Representatives together many years of the Standing Rules of the Senate, I hereby my friend, JOHN MCCAIN. Every day I ago. I thank him for his leadership. As

∑ 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 Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.000 S02APPT1 rfrederick on PROD1PC67 with SENATE S4232 CONGRESSIONAL RECORD — SENATE April 2, 2009 he mentioned, we have strong disagree- ican businesses and families have been debt of $133,000—$133,000 per household. ments from time to time, but we have approved by wide, bipartisan margins. The senior Senator from Tennessee always made a strong effort—and I The American people cannot afford asked who holds that debt. The answer, think successfully—to remain respect- new taxes, and that is why Senators of course, is that China is the primary ful of each other’s views. I appreciate approved the Johanns amendment yes- holder of that debt, along with Russia his kind words today and that of the terday, an amendment which forces an and oil-producing nations in the Middle Republican leader. I thank them. open debate on the budget’s proposal East. f for a massive new national energy tax Americans are worried about more that would hit every American family Government spending, higher taxes, THE BUDGET by up to $3,100 a year. As the senior and higher debt that we may never be Mr. MCCONNELL. Mr. President, Senator from Missouri put it on Tues- able to repay, and a lot of groups that anyone who turned on C–SPAN2 over day, ‘‘Families are struggling to make represent these Americans are amass- the past 2 weeks could be excused for ends meet, unable to pay their mort- ing against these things. Groups op- wondering what has been going on here gage, bills or debts . . . We should opposed to this budget include the Na- in the Capitol. Most people outside pose an energy tax.’’ tional Association of Manufacturers, Washington do not know much about The junior Senator from Nevada also the Tax Relief Coalition, the American reconciliation instructions or points of knows Americans cannot afford having Conservative Union, Americans for order. But behind the legislative lingo, their taxes raised, especially in a reces- Prosperity, Citizens Against Govern- an extremely important debate has sion. That is why he offered an amendment Waste, the Club for Growth, the been taking place on the Senate floor. ment yesterday that would make it Council on National Policy, Associated It is a debate about the future of our harder to raise taxes on middle-class Builders and Contractors, Independent country. And in the course of that de- couples. As he put it, ‘‘Americans are Electric Contractors, International bate, two very different philosophies struggling to pay for life’s essentials Foodservice Distributors Administra- have emerged. On one side are those . . . What we should be discussing is tion, and the National Association of who think American lives will improve extending tax relief,’’ not raising taxes. Wholesaler-Distributors. These groups in direct proportion to the size of the This is common sense. His amendment represent millions of small business Federal Government; that the answer passed. owners, independent contractors, and to all the challenges we face as a na- The junior Senator from Texas millions of ordinary Americans who do tion is to just simply follow Europe, knows that business owners cannot af- not want to see their dreams fade away where people look to the government ford a tax hike. That is why he offered because of someone else’s vision of for almost everything from the cradle an amendment that would make it what Government should do for them. to the grave. On the other side are harder for Democrats to raise taxes on Americans want the freedom to do those who think Government has an small businesses. This is also common for themselves, and they worry free- important role to play in keeping peo- sense. His amendment also was adopted dom may slip away if this budget ple safe and creating the conditions in overwhelmingly. passes in its current form. They cannot which Americans can succeed and that Americans know the trouble they get afford a new national energy tax that Government can also play a role in into when they spend money they do could cost every American household helping people weather temporary or not have, and they do not want Govern- up to $3,100 a year. They do not want to permanent troubles and even to pro- ment to spend money it does not have. have to pay for 250,000 bureaucrats who vide temporary help to private institu- That is why the junior Senator from will be needed just to spend the money tions if the failure of those institutions Alabama came to the floor Monday and this budget wants to spend. And they imperils the well-being of the whole. lamented the lack of fiscal responsi- do not want their children literally But in all these areas, the role of bility in this budget. buried in debt. What Americans want is Government is limited. Liberty and The American people are worried for Republicans and Democrats to work freedom are primary. The first group about the size of the national debt, and together to craft a budget that let’s defends the administration’s budget they are worried about a budget that them keep their hard-earned wages, proposal which we first saw a couple of doubles that debt in 5 years and triples spends their tax dollars wisely, and months ago and which outlines the ad- it in 10—a budget that adds more debt does not saddle their children and ministration’s vision for America over in 5 years than the entire debt accumu- grandchildren with debt. That is what the next several years. The second lated under every President from they have not seen this week. group has warned about the con- George Washington through George W. What they also will not see are the sequences of the budget, which calls for Bush. The senior Senator from Ten- backdoor negotiations where the chair- a dramatic and potentially irreversible nessee is worried about the size of the man of the Budget Committee, the sen- shift of our Nation to the left in the debt too, and that is why he offered an ior Senator from North Dakota, has areas of health care, education, and amendment to keep the growth of that said he will strip out many of these private enterprise, and which in order debt relative to the GDP in check. As good amendments we have adopted this to get there imposes the biggest tax he put it on the Senate floor on Tues- week and where some budget writers hike in history, massive spending, and day: intend to fast track a massive new en- a titanic amount of debt our children This is not a matter of not letting the ergy tax even though we passed an and grandchildren will have to pay horse get out of the barn. This recognizes amendment to keep that from hap- back. that the horse is already out of the barn and pening. Americans oppose this energy This is a debate that has been worth we’re trying to put a fence around him be- tax. And if the senior Senator from tuning in to because its outcome af- fore he gets into the next country. North Dakota has as much influence fects absolutely everyone. So I would Democrats rejected that amendment over the outcome of the budget as I like to highlight just a couple of things too. hope he does, then he will make sure we have seen over the course of this de- Throughout this debate, Americans that the will of the Senate and the bate that everyone should know. have started to focus a lot on the na- American people is reflected in the The first thing people should know is tional debt, and they have heard some final product. I hope he will make sure the one thing that many already do troubling things. that a new national energy tax costing know: The administration’s budget If they were listening Tuesday, they American households up to $3,100 a simply taxes too much, spends too would have heard a very illuminating year is not rushed through Congress on much, and borrows too much at a mo- discussion on the topic between the a party-line vote. ment, interestingly enough, when we senior Senator from Tennessee and the So the drama that has unfolded in can least afford it. There is good reason senior Senator from New Hampshire. the Senate put two very different phi- to believe the American people agree. The senior Senator from New Hamp- losophies on display. It showed Repub- Several of the amendments Repub- shire said that at the end of this budg- licans fighting to keep our Nation from licans have proposed adding to the et, every American household will have an irreversible drift to the left, and it budget as a way of protecting Amer- an obligation relative to the Federal showed some Democrats agreeing to

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.001 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4233 some of our proposals. But the proof of icit by two-thirds over the 5 years of On estate tax reform, we take the their commitment is in the final prod- its term. In fact, as a share of GDP— provisions from 2009 and extend them uct—what finally comes out of con- which most economists say ought to be for 2010—a $3.5 million exemption per ference. the measuring point because it ex- person, $7 million per family. Instead This debate isn’t over with the pas- cludes inflation—we reduce the deficit of going back to $1 million in 2011, we sage of this budget today, and Repub- by three-quarters, all while maintain- continue that $3.5 million exclusion per licans are not finished fighting on being the President’s key priorities of re- person, $7 million per couple, adjusted half of the priorities of the American ducing our dependence on foreign en- for inflation. people—not even close. ergy. That is not just a Presidential We also provide for the business tax Mr. President, I yield the floor. priority, that is an American priority. provisions and the extenders fully paid f If we are going to be strong in the fu- for. That is a total of almost a trillion ture, we have to dramatically reduce dollars of tax relief, offset by certain RESERVATION OF LEADER TIME our dependence on foreign energy. loophole closers to go after these abu- The ACTING PRESIDENT pro tem- On education, there is a focus on ex- sive tax shelters—these offshore tax pore. Under the previous order, the cellence in education. If we are not the havens. We have the spectacle now of leadership time is reserved. best educated, we are not going to be companies buying European sewer sys- f the strongest country in the world very tems, not because they are in the sewer CONGRESSIONAL BUDGET FOR long. business but in order to depreciate The prospect of major health care re- THE UNITED STATES GOVERN- them on their books for U.S. tax pur- form, which is provided for in this MENT FOR FISCAL YEAR 2010 poses. That is outrageous—United budget, is the 800-pound gorilla. We are States companies buying European The ACTING PRESIDENT pro tem- now spending $1 of every $6 in this sewer systems so they can write them pore. Under the previous order, the country on health care. If we stay on off on their books here, and then they Senate will resume consideration of S. the current trend, we will spend more lease them back to the European cities Con. Res. 13, which the clerk will re- than $1 of every $3 in this country on that built them in the first place. port. health care. That is utterly The guys who came up with these The legislative clerk read as follows: unsustainable. scams didn’t limit themselves to sewer A concurrent resolution (S. Con. Res. 13) They describe the budget of the systems. They are doing the same setting forth the congressional budget for President as having all these tax in- thing with public buildings and city the United States Government for fiscal year creases. I would remind my colleagues halls. We have companies that have 2010, revising the appropriate budgetary lev- that when the Congressional Budget bought city halls in Europe in order to els for fiscal year 2009, and setting forth the Office scores the President’s budget, appropriate budgetary levels for fiscal years depreciate them on their books in the 2011 through 2011. they say there is $2.2 trillion in tax United States and then lease the city cuts. If they look at the budget I have halls back to the European countries Pending: offered, which is a 5-year budget in- that built them in the first place. Is Ensign amendment No. 805, to require cer- stead of a 10-year budget, it has $825 that acceptable? I don’t think so. The tain higher income beneficiaries enrolled in billion in tax cuts on a net basis. As I the Medicare prescription drug benefit to President in his budget and we in our pay higher premiums, as is currently re- say, all while cutting the deficit in budget say: Enough of that. Let’s shut quired for physicians’ services and out- half, which was the President’s goal. In down these abusive tax shelters. Let’s patient services, and as proposed in the the President’s budget and the budget I shut down these offshore tax havens, budget of the U.S. Government most re- have offered, we cut it by two-thirds. which our Permanent Subcommittee cently submitted by the President. Now, on spending. Well, on spending, on Investigations tells us is costing us McCain amendment No. 882, in the nature the hard fact is, the budget I have of- $100 billion a year. of a substitute. fered reduces deficits and debt by $608 If anybody wonders about it, read the The ACTING PRESIDENT pro tem- billion compared to the President’s Stanford saga. Mr. Stanford was run- pore. Under the previous order, there is budget, on a 5-year comparison to a 5- ning these offshore tax havens; running 90 minutes of debate remaining on the year comparison. We reduce it by $608 billions of dollars through these off- resolution, of which 40 minutes is for billion in the budget that is before us. shore tax havens. Why? Why are they the debate of amendment No. 882, of- And on spending, we increase domestic sending their money down to the Cay- fered by the Senator from Arizona, Mr. spending, on average, by 21⁄2 percent a man Islands? Is it because they think MCCAIN. year. Believe me, I have heard lots of the banks down there are more secure? The Senator from North Dakota is criticism from the left with respect to Oh, no. They are sending their money recognized. the fact that is not enough. But when down there to dodge the tax liability in Mr. CONRAD. Mr. President, I am you lose $2.3 trillion in revenue because the United States. That is the basis going to respond briefly to the Repub- of the new CBO forecast, we felt it was upon which Mr. Stanford sold his serv- lican leader and then we will go to the necessary to make adjustments in the ices. McCain amendment. President’s budget while maintaining On a net basis, our budget has $825 First of all, I have just listened to re- his priorities. billion in tax cuts. Again, on spending, marks that are an attempt to rewrite Now, in terms of middle-class tax re- domestic spending increased at an av- history. Trying to put this deficit and lief, which is contained in this budget, erage rate of 21⁄2 percent a year. That is this debt at the door of our new Presi- let me be clear that all the provisions pretty tough. dent is simply misplaced. He inherited from 2001 and 2003 are included in this In our proposal, in the budget before a debt that was doubled over the last 8 budget. The 10-percent bracket, the the body, there is no energy tax. There years, and most of my friends on the child tax credit, the marriage penalty is none contained here. This reference other side were silent sentinels as that relief, the education incentives—all of to a national sales tax on energy, it is debt grew and grew and grew. Most of it—is in this budget and an extension not in this budget proposal. It is not them said nothing; worse, they sup- for the full 5 years. there. We have a reserve fund that per- ported the policies that created that In addition, the President’s Make mits the committees of jurisdiction to doubling of the debt. Beyond that, they Work Pay provision was previously come up with a way of reducing our de- tripled foreign holdings of U.S. debt provided for in the stimulus package pendence on foreign energy. We have and left the country in the worst reces- for 2 years, and we provide the ability the ability for the committees of juris- sion since the Great Depression. This to extend that, if there are offsets. In diction to write climate change legisla- President inherited a crisis in the fi- addition, we have provided for alter- tion. But there is no endorsement of nancial markets, a crisis in housing, a native minimum tax reform, fully any specific plan in this budget around fiscal crisis, and two wars. funded for 3 years. No other budgets in climate change that has been posited The budget that is before us is not as the last 5 years have done it for that by others. described by the Republican leader. long. It has always been a year-by-year I wish to make clear that this budget The budget before us reduces the def- fix. is responsible, it controls spending, it

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.002 S02APPT1 rfrederick on PROD1PC67 with SENATE S4234 CONGRESSIONAL RECORD — SENATE April 2, 2009 reduces the deficit by two-thirds, it ex- Sec. 206. Deficit-neutral reserve fund for de- Fiscal year 2011: $2,733,991,000,000 tends the middle-class tax cuts, and it fense acquisition and con- Fiscal year 2012: $2,700,845,000,000 adopts the President’s priorities of re- tracting reform. Fiscal year 2013: $2,828,619,000,000 Fiscal year 2014: $2,951,763,000,000 ducing our dependence on foreign en- Sec. 207. Deficit-neutral reserve fund for a bipartisan, comprehensive inves- Fiscal year 2015: $3,044,960,000,000 ergy, putting a focus on excellence in tigation into the current finan- Fiscal year 2016: $3,167,613,000,000 education and providing the possibility cial crisis. Fiscal year 2017: $3,238,948,000,000 of major health care reform. Those are TITLE III—BUDGET PROCESS Fiscal year 2018: $3,319,833,000,000 the priorities of the American people, Fiscal year 2019: $3,472,009,000,000 SUBTITLE A—BUDGET ENFORCEMENT and they are contained in our budget. (3) BUDGET OUTLAYS.—For purposes of the Our budget has made significant ad- Sec. 301. Discretionary spending limits, pro- enforcement of this resolution, the appro- gram integrity initiatives, and justments from the President’s. Again, priate levels of total budget outlays are as other adjustments. follows: over 5 years, we have reduced the def- Sec. 302. Point of order against advance ap- Fiscal year 2009: $3,360,034,000,000 icit and debt in the President’s pro- propriations. Fiscal year 2010: $2,971,983,000,000 posal by $608 billion. Sec. 303. Emergency legislation. Fiscal year 2011: $2,875,771,000,000 The ACTING PRESIDENT pro tem- Sec. 304. Point of order against legislation Fiscal year 2012: $2,752,996,000,000 pore. The Senator from Arizona is rec- increasing short-term deficit. Fiscal year 2013: $2,846,991,000,000 ognized. SUBTITLE B—OTHER PROVISIONS Fiscal year 2014: $2,943,836,000,000 Fiscal year 2015: $3,027,078,000,000 AMENDMENT NO. 882, AS MODIFIED Sec. 311. Oversight of government perform- Fiscal year 2016: $3,150,051,000,000 ance. Mr. MCCAIN. Mr. President, I ask Fiscal year 2017: $3,214,230,000,000 Sec. 312. Budgetary treatment of certain dis- unanimous consent that the McCain Fiscal year 2018: $3,289,783,000,000 cretionary administrative Ex- substitute amendment be modified Fiscal year 2019: $3,445,611,000,000 penses. (4) DEFICITS.—For purposes of the enforce- with the changes at the desk. Sec. 313. Application and effect of changes in ment of this resolution, the amounts of the The ACTING PRESIDENT pro tem- allocations and aggregates. deficits are as follows: pore. Without objection, it is so or- Sec. 314. Adjustments to reflect changes in Fiscal year 2009: ¥$1,693,000,000,000 dered. concepts and definitions. Fiscal year 2010: ¥$1,190,000,000,000 Mr. MCCAIN. Mr. President, I appre- Sec. 315. Exercise of rulemaking powers. Fiscal year 2011: ¥$798,000,000,000 Sec. 316. Cost estimates for conference re- ciate the courtesy of the chairman in Fiscal year 2012: ¥$502,000,000,000 ports and other measures. allowing me to do this modification. I Fiscal year 2013: ¥$477,000,000,000 Sec. 317. Limitation on long-term spending am aware it could have been objected Fiscal year 2014: ¥$484,000,000,000 proposals to, and I would like to say that the Fiscal year 2015: ¥$459,000,000,000 Sec. 318. Revenues collected from closing the Fiscal year 2016: ¥$503,000,000,000 sense-of-the-Senate provision is re- tax gap are used only for debt moved because I believe that sense-of- Fiscal year 2017: ¥$481,000,000,000 reduction. ¥ the-Senate resolutions are not done Fiscal year 2018: $484,000,000,000 Sec. 319. Point of order to save Social Secu- Fiscal year 2019: ¥$448,000,000,000 this year in the budget resolution. rity first. (5) PUBLIC DEBT.—Pursuant to section There was a formula glitch that af- Sec. 320. Point of order against a budget res- 301(a)(5) of the Congressional Budget Act of fected some of the funding levels. We olution containing a debt-held- 1974, the appropriate levels of the public debt have corrected the problem in the by-the-Public-to-GDP ratio are as follows: modification. We have corrected budg- that exceeds 65%. Fiscal year 2009: $11,836,000,000,000 Sec. 321. Point of order against a budget res- Fiscal year 2010: $13,255,000,000,000 et authority and spending levels. olution containing deficit levels I thank my friend for allowing me to Fiscal year 2011: $14,321,000,000,000 exceeding 8% of GDP. Fiscal year 2012: $15,194,000,000,000 make this modification. TITLE I—RECOMMENDED LEVELS AND The ACTING PRESIDENT pro tem- Fiscal year 2013: $16,074,000,000,000 AMOUNTS Fiscal year 2014: $16,943,000,000,000 pore. The amendment has been modi- SEC. 101. RECOMMENDED LEVELS AND Fiscal year 2015: $17,774,000,000,000 fied. AMOUNTS. Fiscal year 2016: $18,630,000,000,000 The amendment, as modified, is as The following budgetary levels are appro- Fiscal year 2017: $19,470,000,000,000 follows: priate for each of fiscal years 2009 through Fiscal year 2018: $20,318,000,000,000 Strike all after the resolving clause and in- 2014: Fiscal year 2019: $21,093,000,000,000 sert the following: (1) FEDERAL REVENUES.—For purposes of (6) DEBT HELD BY THE PUBLIC.—The appro- SECTION 1. CONCURRENT RESOLUTION ON THE the enforcement of this resolution: priate levels of debt held by the public are as BUDGET FOR FISCAL YEAR 2010. (A) The recommended levels of Federal follows: (a) DECLARATION.—Congress declares that revenues are as follows: Fiscal year 2009: $7,496,000,000,000 this resolution is the concurrent resolution Fiscal year 2009: $2,186,000,000,000 Fiscal year 2010: $8,686,000,000,000 on the budget for fiscal year 2010 and that Fiscal year 2010: $2,332,000,000,000 Fiscal year 2011: $9,484,000,000,000 this resolution sets forth the appropriate Fiscal year 2011: $2,651,000,000,000 Fiscal year 2012: $9,986,000,000,000 budgetary levels for fiscal years 2009 and 2011 Fiscal year 2012: $2,858,000,000,000 Fiscal year 2013: $10,464,000,000,000 through 2019. Fiscal year 2013: $3,025,000,000,000 Fiscal year 2014: $10,948,000,000,000 Fiscal year 2015: $11,407,000,000,000 (b) TABLE OF CONTENTS.—The table of con- Fiscal year 2014: $3,166,000,000,000 Fiscal year 2016: $11,910,000,000,000 tents for this concurrent resolution is as fol- Fiscal year 2015: $3,329,000,000,000 Fiscal year 2017: $12,391,000,000,000 lows: Fiscal year 2016: $3,470,000,000,000 Fiscal year 2017: $3,625,000,000,000 Fiscal year 2018: $12,875,000,000,000 Sec. 1. Concurrent resolution on the budget Fiscal year 2018: $3,771,000,000,000 Fiscal year 2019: $13,323,000,000,000 for fiscal year 2010. Fiscal year 2019: $3,923,000,000,000 SEC. 102. SOCIAL SECURITY. TITLE I—RECOMMENDED LEVELS AND (B) The amounts by which the aggregate (a) SOCIAL SECURITY REVENUES.—For pur- AMOUNTS levels of Federal revenues should be changed poses of Senate enforcement under sections Sec. 101. Recommended levels and amounts. are as follows: 302 and 311 of the Congressional Budget Act Sec. 102. Social Security. Fiscal year 2009: $0 of 1974, the amounts of revenues of the Fed- Sec. 103. Major functional categories. Fiscal year 2010: ¥$3,000,000,000 eral Old-Age and Survivors Insurance Trust TITLE II—RESERVE FUNDS Fiscal year 2011: ¥$132,000,000,000 Fund and the Federal Disability Insurance Sec. 201. Deficit-reducing reserve funds for Fiscal year 2012: ¥$228,000,000,000 Trust Fund are as follows: entitlement commissions—So- Fiscal year 2013: ¥$257,000,000,000 Fiscal year 2009: $654,000,000,000 cial Security and Medicare & Fiscal year 2014: ¥$269,000,000,000 Fiscal year 2010: $682,000,000,000 Medicaid. Fiscal year 2015: ¥$280,000,000,000 Fiscal year 2011: $719,000,000,000 Sec. 202. Deficit-neutral reserve fund for Fiscal year 2016: ¥$291,000,000,000 Fiscal year 2012: $756,000,000,000 comprehensive healthcare re- Fiscal year 2017: ¥$302,000,000,000 Fiscal year 2013: $803,000,000,000 form. Fiscal year 2018: ¥$313,000,000,000 Fiscal year 2014: $842,000,000,000 Sec. 203. Deficit-neutral reserve fund for Fiscal year 2019: ¥$325,000,000,000 Fiscal year 2015: $879,000,000,000 America’s veterans and wound- (2) NEW BUDGET AUTHORITY.—For purposes Fiscal year 2016: $925,000,000,000 ed servicemembers. of the enforcement of this resolution, the ap- Fiscal year 2017: $962,000,000,000 Sec. 204. Deficit-neutral reserve fund for en- propriate levels of total new budget author- Fiscal year 2018: $1,004,000,000,000 ergy security. ity are as follows: Fiscal year 2019: $1,048,000,000,000 Sec. 205. Deficit-neutral reserve fund for tax Fiscal year 2009: $3,672,991,000,000 (b) SOCIAL SECURITY OUTLAYS.—For pur- code modernization. Fiscal year 2010: $2,843,271,000,000 poses of Senate enforcement under sections

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.003 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4235 302 and 311 of the Congressional Budget Act (A) New budget authority, $48,084,000,000 Fiscal year 2014: of 1974, the amounts of outlays of the Fed- (B) Outlays, $47,105,000,000 (A) New budget authority, $36,465,000,000 eral Old-Age and Survivors Insurance Trust (3) GENERAL SCIENCE, SPACE, AND TECH- (B) Outlays, $36,631,000,000 Fund and the Federal Disability Insurance NOLOGY (250): Fiscal year 2015: Trust Fund are as follows: Fiscal year 2009: (A) New budget authority, $36,714,000,000 Fiscal year 2009: $662,000,000,000 (A) New budget authority, $35,264,000,000 (B) Outlays, $36,712,000,000 Fiscal year 2010: $695,000,000,000 (B) Outlays, $30,855,000,000 Fiscal year 2016: Fiscal year 2011: $721,000,000,000 Fiscal year 2010: (A) New budget authority, $37,002,000,000 Fiscal year 2012: $749,000,000,000 (A) New budget authority, $29,780,000,000 (B) Outlays, $36,845,000,000 Fiscal year 2013: $790,000,000,000 (B) Outlays, $31,707,000,000 Fiscal year 2017: Fiscal year 2014: $839,000,000,000 Fiscal year 2011: (A) New budget authority, $37,312,000,000 Fiscal year 2015: $891,000,000,000 (A) New budget authority, $30,007,000,000 (B) Outlays, $36,917,000,000 Fiscal year 2016: $948,000,000,000 (B) Outlays, $31,161,000,000 Fiscal year 2018: Fiscal year 2017: $1,008,000,000,000 Fiscal year 2012: (A) New budget authority, $37,602,000,000 Fiscal year 2018: $1,072,000,000,000 (A) New budget authority, $30,231,000,000 (B) Outlays, $36,923,000,000 Fiscal year 2019: $1,141,000,000,000 (B) Outlays, $30,214,000,000 Fiscal year 2019: SEC. 103. MAJOR FUNCTIONAL CATEGORIES. Fiscal year 2013: (A) New budget authority, $37,952,000,000 (A) New budget authority, $30,432,000,000 (B) Outlays, $37,215,000,000 Congress determines and declares that the (B) Outlays, $30,312,000,000 (6) AGRICULTURE (350): appropriate levels of new budget authority Fiscal year 2014: Fiscal year 2009: and outlays for fiscal years 2009 through 2019 (A) New budget authority, $30,758,000,000 (A) New budget authority, $6,349,000,000 for each major functional category are: (B) Outlays, $30,584,000,000 (B) Outlays, $6,111,000,000 (1) NATIONAL DEFENSE (050): Fiscal year 2015: Fiscal year 2010: Fiscal year 2009: (A) New budget authority, $30,703,000,000 (A) New budget authority, $6,131,000,000 (A) New budget authority, $689,926,000,000 (B) Outlays, $30,417,000,000 (B) Outlays, $6,217,000,000 (B) Outlays, $666,842,000,000 Fiscal year 2016: Fiscal year 2011: Fiscal year 2010: (A) New budget authority, $31,748,000,000 (A) New budget authority, $6,150,000,000 (A) New budget authority, $686,128,000,000 (B) Outlays, $31,359,000,000 (B) Outlays, $6,133,000,000 (B) Outlays, $689,963,000,000 Fiscal year 2017: Fiscal year 2012: Fiscal year 2011: (A) New budget authority, $32,319,000,000 (A) New budget authority, $6,205,000,000 (A) New budget authority, $614,923,000,000 (B) Outlays, $31,984,000,000 (B) Outlays, $6,159,000,000 (B) Outlays, $657,207,000,000 Fiscal year 2018: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $32,872,000,000 (A) New budget authority, $6,261,000,000 (A) New budget authority, $623,612,000,000 (B) Outlays, $32,446,000,000 (B) Outlays, $6,207,000,000 (B) Outlays, $637,011,000,000 Fiscal year 2019: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $33,484,000,000 (A) New budget authority, $6,319,000,000 (A) New budget authority, $634,421,000,000 (B) Outlays, $33,028,000,000 (B) Outlays, $6,261,000,000 (B) Outlays, $636,332,000,000 (4) ENERGY (270): Fiscal year 2015: Fiscal year 2014: Fiscal year 2009: (A) New budget authority, $6,359,000,000 (A) New budget authority, $648,249,000,000 (A) New budget authority, $44,998,000,000 (B) Outlays, $6,275,000,000 (B) Outlays, $641,632,000,000 (B) Outlays, $5,350,000,000 Fiscal year 2016: Fiscal year 2015: Fiscal year 2010: (A) New budget authority, $6,402,000,000 (A) New budget authority, $663,159,000,000 (A) New budget authority, $5,568,000,000 (B) Outlays, $6,312,000,000 (B) Outlays, $653,234,000,000 (B) Outlays, $8,974,000,000 Fiscal year 2017: Fiscal year 2016: Fiscal year 2011: (A) New budget authority, $6,455,000,000 (A) New budget authority, $678,149,000,000 (A) New budget authority, $5,582,000,000 (B) Outlays, $6,345,000,000 (B) Outlays, $671,890,000,000 (B) Outlays, $11,303,000,000 Fiscal year 2018: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $6,507,000,000 (A) New budget authority, $694,153,000,000 (A) New budget authority, $5,459,000,000 (B) Outlays, $6,401,000,000 (B) Outlays, $683,256,000,000 (B) Outlays, $11,999,000,000 Fiscal year 2019: Fiscal year 2018: Fiscal year 2013: (A) New budget authority, $6,601,000,000 (A) New budget authority, $709,147,000,000 (A) New budget authority, $5,319,000,000 (B) Outlays, $6,532,000,000 (B) Outlays, $693,789,000,000 (B) Outlays, $7,091,000,000 (7) COMMERCE AND HOUSING CREDIT (370): Fiscal year 2019: Fiscal year 2014: Fiscal year 2009: (A) New budget authority, $726,167,000,000 (A) New budget authority, $5,175,000,000 (A) New budget authority, $13,216,000,000 (B) Outlays, $714,089,000,000 (B) Outlays, $2,082,000,000 (B) Outlays, $6,253,000,000 (2) International Affairs (150): Fiscal year 2015: Fiscal year 2010: Fiscal year 2009: (A) New budget authority, $5,212,000,000 (A) New budget authority, $6,197,000,000 (A) New budget authority, $57,114,000,000 (B) Outlays, $3,214,000,000 (B) Outlays, $8,977,000,000 (B) Outlays, $41,514,000,000 Fiscal year 2016: Fiscal year 2011: Fiscal year 2010: (A) New budget authority, $5,325,000,000 (A) New budget authority, $6,055,000,000 (A) New budget authority, $42,847,000,000 (B) Outlays, $3,512,000,000 (B) Outlays, $6,847,000,000 (B) Outlays, $43,622,000,000 Fiscal year 2017: Fiscal year 2012: Fiscal year 2011: (A) New budget authority, $5,478,000,000 (A) New budget authority, $6,097,000,000 (A) New budget authority, $43,167,000,000 (B) Outlays, $3,765,000,000 (B) Outlays, $7,436,000,000 (B) Outlays, $43,897,000,000 Fiscal year 2018: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $5,567,000,000 (A) New budget authority, $5,982,000,000 (A) New budget authority, $43,473,000,000 (B) Outlays, $3,905,000,000 (B) Outlays, $7,180,000,000 (B) Outlays, $43,985,000,000 Fiscal year 2019: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $5,595,000,000 (A) New budget authority, $5,909,000,000 (A) New budget authority, $43,759,000,000 (B) Outlays, $4,502,000,000 (B) Outlays, $6,250,000,000 (B) Outlays, $43,911,000,000 (5) NATURAL RESOURCES AND ENVIRONMENT Fiscal year 2015: Fiscal year 2014: (300): (A) New budget authority, $5,860,000,000 (A) New budget authority, $44,214,000,000 Fiscal year 2009: (B) Outlays, $5,915,000,000 (B) Outlays, $43,866,000,000 (A) New budget authority, $54,596,000,000 Fiscal year 2016: Fiscal year 2015: (B) Outlays, $36,252,000,000 (A) New budget authority, $5,855,000,000 (A) New budget authority, $44,847,000,000 Fiscal year 2010: (B) Outlays, $5,748,000,000 (B) Outlays, $44,257,000,000 (A) New budget authority, $35,085,000,000 Fiscal year 2017: Fiscal year 2016: (B) Outlays, $38,866,000,000 (A) New budget authority, $5,839,000,000 (A) New budget authority, $45,621,000,000 Fiscal year 2011: (B) Outlays, $5,730,000,000 (B) Outlays, $44,870,000,000 (A) New budget authority, $35,772,000,000 Fiscal year 2018: Fiscal year 2017: (B) Outlays, $37,713,000,000 (A) New budget authority, $5,814,000,000 (A) New budget authority, $46,430,000,000 Fiscal year 2012: (B) Outlays, $5,701,000,000 (B) Outlays, $45,575,000,000 (A) New budget authority, $35,952,000,000 Fiscal year 2019: Fiscal year 2018: (B) Outlays, $36,983,000,000 (A) New budget authority, $5,793,000,000 (A) New budget authority, $47,211,000,000 Fiscal year 2013: (B) Outlays, $5,675,000,000 (B) Outlays, $46,301,000,000 (A) New budget authority, $36,160,000,000 (8) TRANSPORTATION (400): Fiscal year 2019: (B) Outlays, $36,478,000,000 Fiscal year 2009:

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.008 S02APPT1 rfrederick on PROD1PC67 with SENATE S4236 CONGRESSIONAL RECORD — SENATE April 2, 2009 (A) New budget authority, $79,061,000,000 (A) New budget authority, $93,164,000,000 (B) Outlays, $67,580,000,000 (B) Outlays, $85,668,000,000 (B) Outlays, $95,075,000,000 Fiscal year 2011: Fiscal year 2010: Fiscal year 2016: (A) New budget authority, $62,275,000,000 (A) New budget authority, $30,312,000,000 (A) New budget authority, $94,657,000,000 (B) Outlays, $67,880,000,000 (B) Outlays, $92,847,000,000 (B) Outlays, $96,402,000,000 Fiscal year 2012: Fiscal year 2011: Fiscal year 2017: (A) New budget authority, $62,540,000,000 (A) New budget authority, $30,717,000,000 (A) New budget authority, $96,235,000,000 (B) Outlays, $66,271,000,000 (B) Outlays, $93,051,000,000 (B) Outlays, $97,938,000,000 Fiscal year 2013: Fiscal year 2012: Fiscal year 2018: (A) New budget authority, $62,803,000,000 (A) New budget authority, $31,140,000,000 (A) New budget authority, $97,739,000,000 (B) Outlays, $65,341,000,000 (B) Outlays, $92,082,000,000 (B) Outlays, $99,507,000,000 Fiscal year 2014: Fiscal year 2013: Fiscal year 2019: (A) New budget authority, $63,328,000,000 (A) New budget authority, $31,544,000,000 (A) New budget authority, $99,415,000,000 (B) Outlays, $64,169,000,000 (B) Outlays, $92,110,000,000 (B) Outlays, $101,130,000,000 Fiscal year 2015: Fiscal year 2014: (11) HEALTH (550): (A) New budget authority, $64,221,000,000 (A) New budget authority, $32,105,000,000 Fiscal year 2009: (B) Outlays, $64,804,000,000 (B) Outlays, $92,296,000,000 (A) New budget authority, $75,483,000,000 Fiscal year 2016: Fiscal year 2015: (B) Outlays, $57,635,000,000 (A) New budget authority, $65,362,000,000 (A) New budget authority, $32,806,000,000 Fiscal year 2010: (B) Outlays, $65,660,000,000 (B) Outlays, $91,863,000,000 (A) New budget authority, $56,948,000,000 Fiscal year 2017: Fiscal year 2016: (B) Outlays, $64,243,000,000 (A) New budget authority, $66,561,000,000 (A) New budget authority, $33,656,000,000 Fiscal year 2011: (B) Outlays, $66,690,000,000 (B) Outlays, $90,792,000,000 (A) New budget authority, $57,413,000,000 Fiscal year 2018: Fiscal year 2017: (B) Outlays, $62,603,000,000 (A) New budget authority, $67,716,000,000 (A) New budget authority, $34,545,000,000 Fiscal year 2012: (B) Outlays, $67,735,000,000 (B) Outlays, $90,908,000,000 (A) New budget authority, $57,881,000,000 Fiscal year 2019: Fiscal year 2018: (B) Outlays, $59,451,000,000 (A) New budget authority, $68,976,000,000 (A) New budget authority, $35,432,000,000 Fiscal year 2013: (B) Outlays, $68,840,000,000 (B) Outlays, $92,372,000,000 (A) New budget authority, $58,305,000,000 (14) SOCIAL SECURITY (650): Fiscal year 2019: (B) Outlays, $57,913,000,000 Fiscal year 2009: (A) New budget authority, $36,385,000,000 Fiscal year 2014: (A) New budget authority, $6,386,000,000 (B) Outlays, $93,932,000,000 (A) New budget authority, $58,971,000,000 (B) Outlays, $5,479,000,000 (9) COMMUNITY AND REGIONAL DEVELOPMENT (B) Outlays, $58,176,000,000 Fiscal year 2010: (450): Fiscal year 2015: (A) New budget authority, $5,460,000,000 Fiscal year 2009: (A) New budget authority, $59,879,000,000 (B) Outlays, $5,549,000,000 (A) New budget authority, $23,006,000,000 (B) Outlays, $58,713,000,000 Fiscal year 2011: (B) Outlays, $26,252,000,000 Fiscal year 2016: (A) New budget authority, $5,545,000,000 Fiscal year 2010: (A) New budget authority, $60,974,000,000 (B) Outlays, $5,655,000,000 (A) New budget authority, $14,959,000,000 (B) Outlays, $59,583,000,000 Fiscal year 2012: (B) Outlays, $26,337,000,000 Fiscal year 2017: (A) New budget authority, $5,630,000,000 Fiscal year 2011: (A) New budget authority, $62,124,000,000 (B) Outlays, $5,763,000,000 (A) New budget authority, $15,070,000,000 (B) Outlays, $60,662,000,000 Fiscal year 2013: (B) Outlays, $24,669,000,000 Fiscal year 2018: (A) New budget authority, $5,716,000,000 Fiscal year 2012: (A) New budget authority, $63,242,000,000 (B) Outlays, $5,849,000,000 (A) New budget authority, $15,179,000,000 (B) Outlays, $61,727,000,000 Fiscal year 2014: (B) Outlays, $21,493,000,000 Fiscal year 2019: (A) New budget authority, $5,830,000,000 Fiscal year 2013: (A) New budget authority, $64,465,000,000 (B) Outlays, $5,809,000,000 (A) New budget authority, $15,277,000,000 (B) Outlays, $62,697,000,000 Fiscal year 2015: (B) Outlays, $18,981,000,000 (12) MEDICARE (570): (A) New budget authority, $5,969,000,000 Fiscal year 2014: Fiscal year 2009: (B) Outlays, $5,942,000,000 (A) New budget authority, $15,435,000,000 (A) New budget authority, $5,390,000,000 Fiscal year 2016: (B) Outlays, $17,445,000,000 (B) Outlays, $5,255,000,000 (A) New budget authority, $6,135,000,000 Fiscal year 2015: Fiscal year 2010: (B) Outlays, $6,103,000,000 (A) New budget authority, $15,662,000,000 (A) New budget authority, $5,595,000,000 Fiscal year 2017: (B) Outlays, $16,156,000,000 (B) Outlays, $5,566,000,000 (A) New budget authority, $6,306,000,000 Fiscal year 2016: Fiscal year 2011: (B) Outlays, $6,271,000,000 (A) New budget authority, $15,932,000,000 (A) New budget authority, $5,819,000,000 Fiscal year 2018: (B) Outlays, $15,504,000,000 (B) Outlays, $5,781,000,000 (A) New budget authority, $6,479,000,000 Fiscal year 2017: Fiscal year 2012: (B) Outlays, $6,443,000,000 (A) New budget authority, $16,215,000,000 (A) New budget authority, $5,852,000,000 Fiscal year 2019: (B) Outlays, $15,664,000,000 (B) Outlays, $5,828,000,000 (A) New budget authority, $6,665,000,000 Fiscal year 2018: Fiscal year 2013: (B) Outlays, $6,627,000,000 (A) New budget authority, $16,481,000,000 (A) New budget authority, $5,893,000,000 (15) VETERANS BENEFITS AND SERVICES (700): (B) Outlays, $15,911,000,000 (B) Outlays, $5,855,000,000 Fiscal year 2009: Fiscal year 2019: Fiscal year 2014: (A) New budget authority, $49,394,000,000 (A) New budget authority, $16,787,000,000 (A) New budget authority, $5,927,000,000 (B) Outlays, $46,757,000,000 (B) Outlays, $16,153,000,000 (B) Outlays, $5,920,000,000 Fiscal year 2010: (10) EDUCATION, TRAINING, EMPLOYMENT, Fiscal year 2015: (A) New budget authority, $53,263,000,000 AND SOCIAL SERVICES (500): (A) New budget authority, $5,967,000,000 (B) Outlays, $52,474,000,000 Fiscal year 2009: (B) Outlays, $5,935,000,000 Fiscal year 2011: (A) New budget authority, $188,508,000,000 Fiscal year 2016: (A) New budget authority, $54,417,000,000 (B) Outlays, $94,814,000,000 (A) New budget authority, $6,004,000,000 (B) Outlays, $53,972,000,000 Fiscal year 2010: (B) Outlays, $5,955,000,000 Fiscal year 2012: (A) New budget authority, $89,417,000,000 Fiscal year 2017: (A) New budget authority, $55,855,000,000 (B) Outlays, $138,899,000,000 (A) New budget authority, $6,035,000,000 (B) Outlays, $55,487,000,000 Fiscal year 2011: (B) Outlays, $5,962,000,000 Fiscal year 2013: (A) New budget authority, $90,007,000,000 Fiscal year 2018: (A) New budget authority, $57,384,000,000 (B) Outlays, $127,810,000,000 (A) New budget authority, $6,065,000,000 (B) Outlays, $56,932,000,000 Fiscal year 2012: (B) Outlays, $5,975,000,000 Fiscal year 2014: (A) New budget authority, $90,588,000,000 Fiscal year 2019: (A) New budget authority, $58,969,000,000 (B) Outlays, $98,331,000,000 (A) New budget authority, $6,085,000,000 (B) Outlays, $58,519,000,000 Fiscal year 2013: (B) Outlays, $5,992,000,000 Fiscal year 2015: (A) New budget authority, $91,092,000,000 (13) INCOME SECURITY (600): (A) New budget authority, $60,971,000,000 (B) Outlays, $94,666,000,000 Fiscal year 2009: (B) Outlays, $59,265,000,000 Fiscal year 2014: (A) New budget authority, $74,067,000,000 Fiscal year 2016: (A) New budget authority, $91,948,000,000 (B) Outlays, $64,056,000,000 (A) New budget authority, $62,494,000,000 (B) Outlays, $94,142,000,000 Fiscal year 2010: (B) Outlays, $61,978,000,000 Fiscal year 2015: (A) New budget authority, $62,365,000,000 Fiscal year 2017:

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.012 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4237 (A) New budget authority, $64,367,000,000 (B) Outlays, $0 Fiscal year 2019: (B) Outlays, $63,067,000,000 Fiscal year 2013: (A) New budget authority, $0 Fiscal year 2018: (A) New budget authority, $0 (B) Outlays, $0 (A) New budget authority, $65,404,000,000 (B) Outlays, $0 TITLE II—RESERVE FUNDS (B) Outlays, $65,012,000,000 Fiscal year 2014: Fiscal year 2019: (A) New budget authority, $0 SEC. 201. DEFICIT-REDUCING RESERVE FUNDS FOR ENTITLEMENT COMMISSIONS— (A) New budget authority, $67,415,000,000 (B) Outlays, $0 SOCIAL SECURITY AND MEDICARE & (B) Outlays, $65,345,000,000 Fiscal year 2015: MEDICAID. (16) ADMINISTRATION OF JUSTICE (750): (A) New budget authority, $0 (a) The Chairman of the Senate Committee Fiscal year 2009: (B) Outlays, $0 on the Budget may revise the allocations of (A) New budget authority, $54,099,000,000 Fiscal year 2016: a committee or committees, aggregates, and (B) Outlays, $48,018,000,000 (A) New budget authority, $0 other appropriate levels and limits in this Fiscal year 2010: (B) Outlays, $0 resolution for one or more bills, joint resolu- (A) New budget authority, $48,763,000,000 Fiscal year 2017: tions, amendments, motions, or conference (B) Outlays, $49,470,000,000 (A) New budget authority, $0 reports that would provide for a BRAC-like Fiscal year 2011: (B) Outlays, $0 commission to review the current and long- (A) New budget authority, $50,595,000,000 Fiscal year 2018: term solvency of Social Security and a (B) Outlays, $51,525,000,000 (A) New budget authority, $0 BRAC-like commission to review the current Fiscal year 2012: (B) Outlays, $0 and long-term solvency of Medicare and (A) New budget authority, $50,506,000,000 Fiscal year 2019: Medicaid, by the amounts provided in such (B) Outlays, $51,416,000,000 (A) New budget authority, $0 legislation for those purposes, provided that Fiscal year 2013: (B) Outlays, $0 such legislation would not increase the def- (A) New budget authority, $50,389,000,000 (19) ALLOWANCES (920): icit over either the period of the total of fis- (B) Outlays, $51,428,000,000 Fiscal year 2009: cal years 2009 through 2014 or the period of Fiscal year 2014: (A) New budget authority, $0 the total of fiscal years 2009 through 2019. (A) New budget authority, $50,263,000,000 (B) Outlays, $0 (b) These commissions will provide rec- (B) Outlays, $50,466,000,000 Fiscal year 2010: ommendations to reduce mandatory spend- Fiscal year 2015: (A) New budget authority, $0 ing by at least four percent over the next (A) New budget authority, $50,156,000,000 (B) Outlays, $0 five years, and seven percent over the next (B) Outlays, $49,725,000,000 Fiscal year 2011: ten years. Fiscal year 2016: (A) New budget authority, $0 (c) For the purposes of this Resolution, for (A) New budget authority, $50,012,000,000 (B) Outlays, $0 individuals 55 or older, Medicare will not be (B) Outlays, $49,250,000,000 Fiscal year 2012: Fiscal year 2017: (A) New budget authority, $0 changed (other than means testing for high- (A) New budget authority, $50,023,000,000 (B) Outlays, $0 income beneficiaries under the prescription (B) Outlays, $49,366,000,000 Fiscal year 2013: drug benefit under Part D). Fiscal year 2018: (A) New budget authority, $0 SEC. 202. DEFICIT-NEUTRAL RESERVE FUND FOR (A) New budget authority, $50,015,000,000 (B) Outlays, $0 COMPREHENSIVE HEALTHCARE RE- (B) Outlays, $49,501,000,000 Fiscal year 2014: FORM. Fiscal year 2019: (A) New budget authority, $0 The Chairman of the Senate Committee on (A) New budget authority, $50,247,000,000 (B) Outlays, $0 the Budget may revise the allocations of a (B) Outlays, $46,565,000,000 Fiscal year 2015: committee or committees, aggregates, and (17) GENERAL GOVERNMENT (800): (A) New budget authority, $0 other appropriate levels and limits in this Fiscal year 2009: (B) Outlays, $0 resolution for one or more bills, joint resolu- (A) New budget authority, $24,562,000,000 Fiscal year 2016: tions, amendments, motions, or conference (B) Outlays, $18,861,000,000 (A) New budget authority, $0 reports that would address health care costs, Fiscal year 2010: (B) Outlays, $0 coverage, and care in the United States in a (A) New budget authority, $18,976,000,000 Fiscal year 2017: manner that reduces the costs of health care, (B) Outlays, $19,896,000,000 (A) New budget authority, $0 increases access to health insurance, and im- Fiscal year 2011: (B) Outlays, $0 proves the transparency of the costs and (A) New budget authority, $19,286,000,000 Fiscal year 2018: quality for medical care, by the amounts (B) Outlays, $20,181,000,000 (A) New budget authority, $0 provided in such legislation for those pur- Fiscal year 2012: (B) Outlays, $0 poses, provided that such legislation would (A) New budget authority, $19,598,000,000 Fiscal year 2019: not increase the deficit over either the pe- (B) Outlays, $20,541,000,000 (A) New budget authority, $0 riod of the total of fiscal years 2009 through Fiscal year 2013: (B) Outlays, $0 2014 or the period of the total of fiscal years (A) New budget authority, $19,915,000,000 (20) UNDISTRIBUTED OFFSETTING RECEIPTS 2009 through 2019. The legislation may in- (B) Outlays, $20,781,000,000 (950): clude tax provisions. Fiscal year 2014: Fiscal year 2009: SEC. 203. DEFICIT-NEUTRAL RESERVE FUND FOR (A) New budget authority, $20,320,000,000 (A) New budget authority, $0 AMERICA’S VETERANS AND WOUND- (B) Outlays, $20,662,000,000 (B) Outlays, $0 ED SERVICEMEMBERS. Fiscal year 2015: Fiscal year 2010: The Chairman of the Senate Committee on (A) New budget authority, $20,828,000,000 (A) New budget authority, $0 the Budget may revise the allocations of a (B) Outlays, $20,951,000,000 (B) Outlays, $0 committee or committees, aggregates, and Fiscal year 2016: Fiscal year 2011: other appropriate levels and limits in this (A) New budget authority, $21,426,000,000 (A) New budget authority, $0 resolution for one or more bills, joint resolu- (B) Outlays, $21,366,000,000 (B) Outlays, $0 tions, amendments, motions, or conference Fiscal year 2017: Fiscal year 2012: reports that would expand the number of dis- (A) New budget authority, $22,039,000,000 (A) New budget authority, $0 abled military retirees who receive both dis- (B) Outlays, $21,854,000,000 (B) Outlays, $0 ability compensation and retired pay, accel- Fiscal year 2018: Fiscal year 2013: erate the phase-in of concurrent receipt, and (A) New budget authority, $22,668,000,000 (A) New budget authority, $0 eliminate the offset between Survivor Ben- (B) Outlays, $22,427,000,000 (B) Outlays, $0 efit Plan annuities and Veteran’s Depend- Fiscal year 2019: Fiscal year 2014: ency and Indemnity Compensation, by the (A) New budget authority, $23,330,000,000 (A) New budget authority, $0 amounts provided in such legislation for (B) Outlays, $22,873,000,000 (B) Outlays, $0 those purposes, provided that such legisla- (18) NET INTEREST (900): Fiscal year 2015: tion would not increase the deficit over ei- Fiscal year 2009: (A) New budget authority, $0 ther the period of the total of fiscal years (A) New budget authority, $0 (B) Outlays, $0 2009 through 2014 or the period of the total of (B) Outlays, $0 Fiscal year 2016: fiscal years 2009 through 2019. Fiscal year 2010: (A) New budget authority, $0 SEC. 204. DEFICIT-NEUTRAL RESERVE FUND FOR (A) New budget authority, $0 (B) Outlays, $0 ENERGY SECURITY. (B) Outlays, $0 Fiscal year 2017: The Chairman of the Senate Committee on Fiscal year 2011: (A) New budget authority, $0 the Budget may revise the allocations of a (A) New budget authority, $0 (B) Outlays, $0 committee or committees, aggregates, and (B) Outlays, $0 Fiscal year 2018: other appropriate levels and limits in this Fiscal year 2012: (A) New budget authority, $0 resolution for one or more bills, joint resolu- (A) New budget authority, $0 (B) Outlays, $0 tions, amendments, motions, or conference

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.017 S02APPT1 rfrederick on PROD1PC67 with SENATE S4238 CONGRESSIONAL RECORD — SENATE April 2, 2009 reports that promote energy security activi- TITLE III—BUDGETARY PROCESS (6) with respect to fiscal year 2014— ties including, but not limited to, increasing SUBTITLE A—BUDGET ENFORCEMENT (A) for the defense category $648,249,000,000 in new budget authority and $641,632,000,000 funding for waste storage alternatives, ad- SEC. 301. DISCRETIONARY SPENDING LIMITS, vanced technology assessment and deploy- PROGRAM INTEGRITY INITIATIVES, in outlays; ment for clean coal and carbon capture and AND OTHER ADJUSTMENTS. (B) for the Veterans Affairs (VA) category storage, and clean energy deployment in- (a) SENATE POINT OF ORDER.— $58,969,000,000 in new budget authority and cluding increasing the use of nuclear power (1) IN GENERAL.—Except as otherwise pro- $58,515,000,000 in outlays; and and refurbishing the transmission grid, and vided in this section, it shall not be in order (C) for the nondefense/non-VA category allowing loans under the Department of En- in the Senate to consider any bill or joint $472,964,000,000 in new budget authority and ergy’s Innovative Technology Loan Guar- resolution (or amendment, motion, or con- $534,759,000,000 in outlays. (7) with respect to fiscal year 2015— antee Program of up to $50,000,000,000 for the ference report on that bill or joint resolu- (A) for the defense category $663,159,000,000 purposes of constructing nuclear power gen- tion) that would cause the discretionary in new budget authority and $6653,234,000,000 erating units, by the amounts provided in spending limits in this section to be exceed- in outlays; such legislation for those purposes, provided ed. (B) for the Veterans Affairs (VA) category that such legislation would not increase the (2) SUPERMAJORITY WAIVER AND APPEALS.— $60,971,000,000 in new budget authority and (A) WAIVER.—This subsection may be deficit over either the period of the total of $59,265,000,000 in outlays; and fiscal years 2009 through 2014 or the period of waived or suspended in the Senate only by (C) for the nondefense/non-VA category the total of fiscal years 2009 through 2019. the affirmative vote of three-fifths of the $478,347,000,000 in new budget authority and SEC. 205. DEFICIT-NEUTRAL RESERVE FUND FOR Members, duly chosen and sworn. $535,954,000,000 in outlays. TAX CODE MODERNIZATION. (B) APPEALS.—Appeals in the Senate (8) with respect to fiscal year 2016— The Chairman of the Senate Committee on from the decisions of the Chair relating to (A) for the defense category $678,149,000,000 the Budget may revise the allocations of a any provision of this subsection shall be lim- in new budget authority and $671,890,000,000 committee or committees, aggregates, and ited to 1 hour, to be equally divided between, in outlays; other appropriate levels and limits in this and controlled by, the appellant and the (B) for the Veterans Affairs (VA) category resolution for one or more bills, joint resolu- manager of the bill or joint resolution. An $62,494,000,000 in new budget authority and tions, amendments, motions, or conference affirmative vote of three-fifths of the Mem- $61,978,000,000 in outlays; and reports that provide for revenue-neutral in- bers of the Senate, duly chosen and sworn, (C) for the nondefense/non-VA category come (including AMT revenue) and payroll shall be required to sustain an appeal of the $486,111,000,000 in new budget authority and tax reform that makes the tax code fair, ruling of the Chair on a point of order raised $539,261,000,000 in outlays. more pro-growth, easier to administer, im- under this subsection. (9) with respect to fiscal year 2017— proves compliance and aids U.S. inter- (b) SENATE DISCRETIONARY SPENDING LIM- (A) for the defense category $694,153,000,000 national competitiveness, by the amounts ITS.—In the Senate and as used in this sec- in new budget authority and $683,256,000,000 provided in such legislation for those pur- tion, the term ‘‘discretionary spending in outlays; (B) for the Veterans Affairs (VA) category poses, provided that such legislation would limit’’ means— (1) with respect to fiscal year 2009— $64,367,000,000 in new budget authority and not increase the deficit over either the pe- (A) for the defense category $689,926,000,000 $63,067,000,000; in outlays; and riod of the total of fiscal years 2009 through in new budget authority and $666,842,000,000 (C) for the nondefense/non-VA category 2014 or the period of the total of fiscal years in outlays; $493,916,000,000 in new budget authority and 2009 through 2019. (B) for the Veterans Affairs (VA) category $545,501,000,000 in outlays. SEC 206. DEFICIT-NEUTRAL RESERVE FUND FOR $49,394,000,000 in new budget authority and (10) with respect to fiscal year 2018— DEFENSE ACQUISITION AND CON- $46,757,000,000 ; in outlays; and (A) for the defense category $709,147,000,000 TRACTING REFORM (C) for the nondefense/non-VA category in new budget authority and $693,789,000,000 The Chairman of the Senate Committee on $742,099,000,000 in new budget authority and in outlays; the Budget may revise the allocations of a $532,373,000,000 in outlays. (B) for the Veterans Affairs (VA) category committee or committees, aggregates, and (2) with respect to fiscal year 2010— $65,404,000,000 in new budget authority and other appropriate levels and limits in this (A) for the defense category $686,128,000,000 $65,012,000,000 in outlays; and resolution for one or more bills, joint resolu- in new budget authority and $689,963,000,000 (C) for the nondefense/non-VA category tions, amendments, motions, or conference in outlays, as adjusted in conformance with $501,500,000,000 in new budget authority and reports that— the adjustment procedures in subsection (c); $553,275,000,000 in outlays. (1) enhance the capability of the Federal (B) for the Veterans Affairs (VA) category (11) with respect to fiscal year 2019— acquisition or contracting workforce to $53,263,000,000 in new budget authority and (A) for the defense category $726,167,000,000 achieve better value for taxpayers; $52,274,000,000 ; in outlays; as adjusted in con- in new budget authority and $714,089,000,000 (2) reduce the use of no-bid and cost-plus formance with the adjustment procedures in in outlays; contracts; or subsection (c); and (B) for the Veterans Affairs (VA) category (3) reform Department of Defense processes (C) for the nondefense category $67,415,000,000 in new budget authority and for acquiring weapons systems in order to re- $458,515,000,000 in new budget authority and $65,345,000,000 in outlays; and duce costs, improve cost and schedule esti- $608,750,000,000 in outlays, as adjusted in con- (C) for the nondefense/non-VA category mation, enhance developmental testing of formance with the adjustment procedures in $509,864,000,000 in new budget authority and weapons, or increase the rigor of reviews of subsection (c). $558,866,000,000 in outlays. DJUSTMENTS IN THE SENATE.— programs that experience critical cost (3) with respect to fiscal year 2011 — (c) A (1) IN GENERAL.—After the reporting of a growth; (A) for the defense category $614,293,000,000 in new budget authority and $657,207,000,000 bill or joint resolution relating to any mat- by the amounts provided in such legislation ter described in paragraph (2), or the offering for those purposes, provided that such legis- in outlays; (B) for the Veterans Affairs (VA) category of an amendment thereto or the submission lation would not increase the deficit over ei- $54,417,000,000 in new budget authority and of a conference report thereon— ther the period of the total of fiscal years $53,972,000,000 ; in outlays; and (A) the Chairman of the Senate Committee 2009 through 2014 or the period of the total of (C) for the nondefense/non-VA category on the Budget may adjust the discretionary fiscal years 2009 through 2019. $463,460,000,000 in new budget authority and spending limits, budgetary aggregates, and SEC. 207. DEFICIT-NEUTRAL RESERVE FUND FOR $596,209,000,000 in outlays. allocations pursuant to section 302(a) of the A BIPARTISAN, COMPREHENSIVE IN- (4) with respect to fiscal year 2012— Congressional Budget Act of 1974, by the VESTIGATION INTO THE CURRENT (A) for the defense category $614,293,000,000 amount of new budget authority in that FINANCIAL CRISIS. in new budget authority and $657,207,000,000 measure for that purpose and the outlays The Chairman of the Senate Committee on in outlays; flowing therefrom; and the Budget may revise the allocations of a (B) for the Veterans Affairs (VA) category (B) following any adjustment under subcommittee or committees, aggregates, and $54,417,000,000 in new budget authority and paragraph (A), the Senate Committee on Ap- other appropriate levels and limits in this $53,972,000,000 ; in outlays; and propriations may report appropriately re- resolution for one or more bills, joint resolu- (C) for the nondefense/non-VA category vised suballocations pursuant to section tions, amendments, motions, or conference $463,460,000,000 in new budget authority and 302(b) of the Congressional Budget Act of 1974 reports for a select senate committee to $596,209,000,000 in outlays. to carry out this subsection. carry out a bipartisan, comprehensive inves- (5) with respect to fiscal year 2013— (2) ADJUSTMENTS TO SUPPORT ONGOING tigation into the underlying causes of the (A) for the defense category $634,421,000,000 OVERSEAS CONTINGENCY OPERATIONS.—The current economic crisis, and recommend in new budget authority and $636,332,000,000 Chairman of the Senate Committee on the ways to avoid another crisis, by the amounts in outlays; Budget may adjust the discretionary spend- provided in such legislation for those pur- (B) for the Veterans Affairs (VA) category ing limits, allocations to the Senate Com- poses, provided that such legislation would $57,384,000,000 in new budget authority and mittee on Appropriations, and aggregates for not increase the deficit over either the pe- $56,932,000,000 ; in outlays; and one or more— riod of the total of fiscal years 2009 through (C) for the nondefense/non-VA category (A) bills reported by the Senate Committee 2014 or the period of the total of fiscal years $468,849,000,000 in new budget authority and on Appropriations or passed by the House of 2009 through 2019. $544,103,000,000 in outlays. Representatives;

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(B) joint resolutions or amendments re- an amendment between the Houses in rela- (B) APPEALS.—Appeals in the Senate from ported by the Senate Committee on Appro- tion to, a bill, upon a point of order being the decisions of the Chair relating to any priations; made by any Senator pursuant to this sec- provision of this subsection shall be limited (C) amendments between the Houses re- tion, and such point of order being sustained, to 1 hour, to be equally divided between, and ceived from the House of Representatives or such material contained in such conference controlled by, the appellant and the manager Senate amendments offered by the authority report shall be deemed stricken, and the Sen- of the bill or joint resolution, as the case of the Senate Committee on Appropriations; ate shall proceed to consider the question of may be. An affirmative vote of three-fifths of or whether the Senate shall recede from its the Members of the Senate, duly chosen and (D) conference reports; making appropria- amendment and concur with a further sworn, shall be required to sustain an appeal tions for fiscal year 2010 for overseas contin- amendment, or concur in the House amend- of the ruling of the Chair on a point of order gency operations by the amounts provided in ment with a further amendment, as the case raised under this subsection. such legislation for those purposes (and so may be, which further amendment shall con- (3) DEFINITION OF AN EMERGENCY DESIGNA- designated pursuant to this paragraph), up sist of only that portion of the conference re- TION.—For purposes of paragraph (1), a provi- to $130,000,000,000 in budget authority for fis- port or House amendment, as the case may sion shall be considered an emergency des- cal year 2010 and the new outlays flowing be, not so stricken. Any such motion in the ignation if it designates any item as an therefrom. Senate shall be debatable. In any case in emergency requirement pursuant to this sub- (3) REVISED APPROPRIATIONS FOR FISCAL which such point of order is sustained section. YEAR 2010.— against a conference report (or Senate (4) FORM OF THE POINT OF ORDER.—A point (A) IN GENERAL.—If after adoption of this of order under paragraph (1) may be raised resolution by the Congress, the Congres- amendment derived from such conference report by operation of this subsection), no fur- by a Senator as provided in section 313(e) of sional Budget Office (CBO) re-estimates the the Congressional Budget Act of 1974. President’s request for discretionary spend- ther amendment shall be in order. (f) INAPPLICABILITY.—In the Senate, section (5) CONFERENCE REPORTS.—When the Sen- ing in fiscal year 2010 at an aggregate level 313 of S. Con. Res. 70 (110th Congress) shall ate is considering a conference report on, or different from the CBO preliminary estimate no longer apply. an amendment between the Houses in rela- dated March 20, 2009, the Chairman of the SEC. 303. EMERGENCY LEGISLATION. tion to, a bill, upon a point of order being Senate Committee on the Budget may adjust made by any Senator pursuant to this sec- the discretionary spending limits, budgetary (a) AUTHORITY TO DESIGNATE.—In the Sen- ate, with respect to a provision of direct tion, and such point of order being sustained, aggregates, and allocations pursuant to sec- such material contained in such conference tion 302(a) of the Congressional Budget Act spending or receipts legislation or appropriations for discretionary accounts that Con- report shall be deemed stricken, and the Sen- of 1974 by the amount of budget authority ate shall proceed to consider the question of and outlays flowing therefrom, to reflect the gress designates as an emergency requirement in such measure, the amounts of new whether the Senate shall recede from its difference between such re-estimate and the amendment and concur with a further CBO preliminary estimate dated March 20, budget authority, outlays, and receipts in all fiscal years resulting from that provision amendment, or concur in the House amend- 2009. ment with a further amendment, as the case (B) SUBALLOCATIONS.—Following any ad- shall be treated as an emergency requirement for the purpose of this section. may be, which further amendment shall con- justment under subparagraph (A), the Senate sist of only that portion of the conference re- Committee on Appropriations may report ap- (b) EXEMPTION OF EMERGENCY PROVI- SIONS.—Any new budget authority, outlays, port or House amendment, as the case may propriately revised suballocations pursuant be, not so stricken. Any such motion in the to section 302(b) of the Congressional Budget and receipts resulting from any provision designated as an emergency requirement, Senate shall be debatable. In any case in Act of 1974 to carry out this paragraph. which such point of order is sustained (d) INAPPLICABILITY.—In the Senate, sub- pursuant to this section, in any bill, joint against a conference report (or Senate sections (a), (b), (c), and (d) of section 312 of resolution, amendment, or conference report amendment derived from such conference re- S. Con. Res. 70 (110th Congress) shall no shall not count for purposes of sections 302 port by operation of this subsection), no fur- longer apply. and 311 of the Congressional Budget Act of ther amendment shall be in order. SEC. 302. POINT OF ORDER AGAINST ADVANCE 1974, section 201 of S. Con. Res. 21 (110th Con- (f) CRITERIA.— APPROPRIATIONS. gress) (relating to pay-as-you-go), section 311 of S. Con. Res. 70 (110th Congress) (relating (1) IN GENERAL.—For purposes of this sec- (a) IN GENERAL.— tion, any provision is an emergency require- (1) POINT OF ORDER.—Except as provided in to long-term deficits), and sections 301 and ment if the situation addressed by such pro- subsection (b), it shall not be in order in the 304 of this resolution (relating to discretionary spending and short-term deficits). vision is— Senate to consider any bill, joint resolution, (A) necessary, essential, or vital (not mere- Designated emergency provisions shall not motion, amendment, or conference report ly useful or beneficial); that would provide an advance appropria- count for the purpose of revising allocations, (B) sudden, quickly coming into being, and tion. aggregates, or other levels pursuant to pro- not building up over time; (2) DEFINITION.—In this section, the term cedures established under section 301(b)(7) of (C) an urgent, pressing, and compelling advance appropriation’’ means any new the Congressional Budget Act of 1974 for def- need requiring immediate action; budget authority provided in a bill or joint icit-neutral reserve funds and revising dis- (D) subject to subparagraph (B), unfore- resolution making appropriations for fiscal cretionary spending limits set pursuant to seen, unpredictable, and unanticipated; and year 2010 that first becomes available for any section 301 of this resolution. (E) not permanent, temporary in nature. fiscal year after 2010, or any new budget au- (c) DESIGNATIONS.—If a provision of legisla- (2) UNFORESEEN.—An emergency that is thority provided in a bill or joint resolution tion is designated as an emergency require- part of an aggregate level of anticipated making general appropriations or continuing ment under this section, the committee re- emergencies, particularly when normally es- appropriations for fiscal year 2011, that first port and any statement of managers accom- timated in advance, is not unforeseen. becomes available for any fiscal year after panying that legislation shall include an ex- (g) INAPPLICABILITY.—In the Senate, sec- 2011. planation of the manner in which the provi- tion 204(a) of S. Con. Res. 21 (110th Congress), (b) EXCEPTIONS.—Advance appropriations sion meets the criteria in subsection (f). the concurrent resolution on the budget for may be provided for fiscal years 2011 and 2012 (d) DEFINITIONS.—In this section, the terms fiscal year 2008, shall no longer apply. for programs, projects, activities, or ac- ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- SEC. 304. POINT OF ORDER AGAINST LEGISLA- counts identified in the joint explanatory priations for discretionary accounts’’ mean TION INCREASING SHORT-TERM statement of managers accompanying this any provision of a bill, joint resolution, DEFICIT. resolution under the heading Accounts Iden- amendment, motion, or conference report (a) POINT OF ORDER.—It shall not be in tified for Advance Appropriations’’ in an ag- that affects direct spending, receipts, or ap- order in the Senate to consider any bill, gregate amount not to exceed $28,852,000,000 propriations as those terms have been de- joint resolution, amendment, motion, or con- in new budget authority in each year. fined and interpreted for purposes of the Bal- ference report (except measures within the (c) SUPERMAJORITY WAIVER AND APPEAL.— anced Budget and Emergency Deficit Control jurisdiction of the Committee on Appropria- (1) WAIVER.—In the Senate, subsection (a) Act of 1985. tions) that would cause a net increase in the may be waived or suspended only by an af- (e) POINT OF ORDER.— deficit in excess of $10,000,000,000 in any fiscal firmative vote of three-fifths of the Mem- (1) IN GENERAL.—When the Senate is con- year provided for in the most recently adopt- bers, duly chosen and sworn. sidering a bill, resolution, amendment, mo- ed concurrent resolution on the budget un- (2) APPEAL.—An affirmative vote of three- tion, or conference report, if a point of order less it is fully offset over the period of all fis- fifths of the Members of the Senate, duly is made by a Senator against an emergency cal years provided for in the most recently chosen and sworn, shall be required to sus- designation in that measure, that provision adopted concurrent resolution on the budget. tain an appeal of the ruling of the Chair on making such a designation shall be stricken (b) SUPERMAJORITY WAIVER AND APPEAL IN a point of order raised under subsection (a). from the measure and may not be offered as THE SENATE.— (d) FORM OF POINT OF ORDER.—A point of an amendment from the floor. (1) WAIVER.—This section may be waived or order under subsection (a) may be raised by (2) SUPERMAJORITY WAIVER AND APPEALS.— suspended only by the affirmative vote of a Senator as provided in section 313(e) of the (A) WAIVER.—Paragraph (1) may be waived three-fifths of the Members, duly chosen and Congressional Budget Act of 1974. or suspended in the Senate only by an af- sworn. (e) CONFERENCE REPORTS.—When the Sen- firmative vote of three-fifths of the Mem- (2) APPEAL.—An affirmative vote of three- ate is considering a conference report on, or bers, duly chosen and sworn. fifths of the Members, duly chosen and

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.024 S02APPT1 rfrederick on PROD1PC67 with SENATE S4240 CONGRESSIONAL RECORD — SENATE April 2, 2009 sworn, shall be required to sustain an appeal (1) as an exercise of the rulemaking power the Members of the Senate, duly chosen and of the ruling of the Chair on a point of order of the Senate, and as such they shall be con- sworn, shall be required in the Senate to sus- raised under this section. sidered as part of the rules of the Senate and tain an appeal of the ruling of the Chair on (c) DETERMINATIONS OF BUDGET LEVELS.— such rules shall supersede other rules only to a point of order raised under this section. For purposes of this section, the levels shall the extent that they are inconsistent with SEC. 320. POINT OF ORDER AGAINST A BUDGET be determined on the basis of estimates pro- such other rules; and RESOLUTION CONTAINING A DEBT vided by the Senate Committee on the Budg- (2) with full recognition of the constitu- HELD BY THE PUBLIC-TO-GDP RATIO et. tional right of the Senate to change those THAT EXCEEDS 65%. (d) SUNSET.—This section shall expire on rules at any time, in the same manner, and (a) IN GENERAL.—It shall not be in order in September 30, 2018. to the same extent as is the case of any other the Senate to consider a concurrent resolu- (e) INAPPLICABILITY.—In the Senate, sec- rule of the Senate. tion on the budget for the budget year or any tion 315 of S. Con. Res. 70 (110th Congress), amendment, amendment between Houses, SEC. 316. COST ESTIMATES FOR CONFERENCE the concurrent resolution in the budget for REPORTS AND OTHER MEASURES. motion, or conference report thereon that fiscal year 2009, shall no longer apply. It shall not be in order to consider a con- contains a ratio of debt held by the public- SUBTITLE B—OTHER PROVISIONS ference report, bill, or joint resolution unless to-Gross Domestic Product which exceeds 65% in any year covered by the budget reso- SEC. 311. OVERSIGHT OF GOVERNMENT PER- an estimate of costs has been printed in the FORMANCE. Congressional Record at least one day before lution. (b) SUPERMAJORITY WAIVER AND APPEAL IN In the Senate, all committees are directed its consideration. to review programs within their jurisdiction THE SENATE.— SEC. 317. LIMITATION ON LONG-TERM SPENDING (1) WAIVER.—This section may be waived or to root out waste, fraud, and abuse in pro- PROPOSALS suspended in the Senate only by an affirma- gram spending, giving particular scrutiny to It shall not be in order to consider any bill tive vote of three-fifths of the Members, duly issues raised by Government Accountability or joint resolution reported from a com- chosen and sworn. Office reports. Based on these oversight ef- mittee if such bill or resolution is not ac- (2) APPEAL.—An affirmative vote of three- forts and committee performance reviews of companied by a cost estimate prepared by fifths of the Members of the Senate, duly programs within their jurisdiction, commit- the Congressional Budget Office on whether chosen and sworn, shall be required in the tees are directed to include recommenda- or not the measure would cause a net in- Senate to sustain an appeal of the ruling of tions for improved governmental perform- crease in direct spending in excess of $5 bil- the Chair on a point of order raised under ance in their annual views and estimates re- lion in any of the four next five-year periods. this section. ports required under section 301(d) of the SEC. 318. REVENUES COLLECTED FROM CLOSING (c) DETERMINATION OF DEBT LEVELS.—For Congressional Budget Act of 1974 to the Com- THE TAX GAP ARE USED ONLY FOR purposes of this section, the debt level shall mittees on the Budget. DEBT REDUCTION. be determined by the Chairman of the Sen- SEC. 312. BUDGETARY TREATMENT OF CERTAIN (a) SPECIAL SCOREKEEPING RULE IN THE ate Committee on the Budget on the basis of DISCRETIONARY ADMINISTRATIVE SENATE.— estimates provided by the Congressional EXPENSES. (1) REPORT TO BUDGET COMMITTEE.—When a Budget Office. In the Senate, notwithstanding section bill is cleared for the President, the Congres- 302(a)(1) of the Congressional Budget Act of SEC. 321. POINT OF ORDER AGAINST A BUDGET sional Budget Office (CBO), pursuant to sec- RESOLUTION CONTAINING DEFICIT 1974, section 13301 of the Budget Enforcement tion 202 of the Congressional Budget Act of LEVELS EXCEEDING 8% OF GDP. Act of 1990, and section 2009a of title 39, 1974, and the Joint Committee on Taxation (a) IN GENERAL.—It shall not be in order in United States Code, the joint explanatory shall inform the Chairman of the Committee the Senate to consider a concurrent resolu- statement accompanying the conference re- on the Budget if that measure contains pro- tion on the budget for the budget year or any port on any concurrent resolution on the visions that increase revenues from closing amendment, amendment between Houses, budget shall include in its allocations under the tax gap. The report shall include the motion, or conference report thereon that section 302(a) of the Congressional Budget amount of revenue raised each year includ- contains deficits as a percentage of the Gross Act of 1974 to the Committees on Appropria- ing the current year, the budget year, and Domestic Product in excess of 8% in any tions amounts for the discretionary adminis- for each of the 10 years following the current year covered by the budget resolution. trative expenses of the Social Security Ad- year. (b) SUPERMAJORITY WAIVER AND APPEAL IN ministration and of the Postal Service. (2) EXCLUSION FROM PAY-AS-YOU-GO SCORE- THE SENATE.— SEC. 313. APPLICATION AND EFFECT OF CARD.—Any revenue raised from provisions (1) WAIVER.—This section may be waived or CHANGES IN ALLOCATIONS AND AG- to close the tax gap (as detailed in the report suspended in the Senate only by an affirma- GREGATES. described in (a)(1)) shall not count as offsets tive vote of three-fifths of the Members, duly (a) APPLICATION.—Any adjustments of allo- for purposes of section 201 of S. Con. Res. 21, chosen and sworn. cations and aggregates made pursuant to the FY 2008 Budget Resolution. (2) APPEAL.—An affirmative vote of three- this resolution shall— fifths of the Members of the Senate, duly (1) apply while that measure is under con- (b) CRITERIA AND DEFINITIONS.— (1) The tax gap is the difference between chosen and sworn, shall be required in the sideration; Senate to sustain an appeal of the ruling of (2) take effect upon the enactment of that the revenue that is owed to the federal government in accordance with existing tax law the Chair on a point of order raised under measure; and this section. (3) be published in the Congressional and the revenue that is collected by the federal government. (c) DETERMINATION OF DEFICIT LEVELS.— Record as soon as practicable. For purposes of this section, the deficit as a (b) EFFECT OF CHANGED ALLOCATIONS AND (2) The tax gap is a combination of inad- percentage of Gross Domestic Product shall AGGREGATES.—Revised allocations and ag- vertent errors and deliberate evasion. be determined by the Chairman of the Sen- gregates resulting from these adjustments (3) Revenues raised from changes to with- ate Committee on the Budget on the basis of shall be considered for the purposes of the holding or payment reporting requirements estimates provided by the Congressional Congressional Budget Act of 1974 as alloca- are examples of efforts to close the tax gap. Budget Office. tions and aggregates contained in this reso- (4) The tax gap is not about clarifying ex- lution. isting law in order to close loopholes, broad- Mr. MCCAIN. Mr. President, I ask (c) BUDGET COMMITTEE DETERMINATIONS.— ening the tax base, raising tax rates, or any unanimous consent that the Repub- For purposes of this resolution the levels of other action that would change existing tax lican time be allocated as follows, be- new budget authority, outlays, direct spend- law. tween now and the time of the vote: ing, new entitlement authority, revenues, SEC. 319. POINT OF ORDER TO SAVE SOCIAL SE- that Senator HUTCHISON be allowed 5 deficits, and surpluses for a fiscal year or pe- CURITY FIRST. minutes on the substitute amendment, riod of fiscal years shall be determined on (a) POINT OF ORDER IN THE SENATE.—It Senator GRAHAM 5 minutes, Senator the basis of estimates made by the Senate shall not be in order in the Senate to con- Committee on the Budget. sider any direct spending legislation that COBURN 5 minutes, myself 5 minutes, SEC. 314. ADJUSTMENTS TO REFLECT CHANGES would increase the on-budget deficit above Senator GREGG 10 minutes, Senator IN CONCEPTS AND DEFINITIONS. the amounts provided for in this resolution INHOFE 3 minutes, Senator SESSIONS 5 Upon the enactment of a bill or joint reso- in any fiscal year until the President sub- minutes, Senator CHAMBLISS 2 minutes, lution providing for a change in concepts or mits legislation to Congress and Congress and Senator WICKER 2 minutes. definitions, the Chairman of the Senate enacts legislation which would restore 75- The ACTING PRESIDENT pro tem- Committee on the Budget may make adjust- year solvency to the Old-Age, Survivors, and pore. Without objection, it is so or- ments to the levels and allocations in this Disability Insurance Trust Funds as certified dered. resolution in accordance with section 251(b) by the Social Security Administration actu- Mr. MCCAIN. Mr. President, I yield 5 of the Balanced Budget and Emergency Def- aries. minutes to the Senator from Texas, icit Control Act of 1985 (as in effect prior to (b) SUPERMAJORITY WAIVER AND APPEAL.— September 30, 2002). This section may be waived or suspended in Mrs. HUTCHISON. SEC. 315. EXERCISE OF RULEMAKING POWERS. the Senate only by an affirmative vote of The ACTING PRESIDENT pro tem- Congress adopts the provisions of this three-fifths of the Members, duly chosen and pore. The Senator from Texas is recog- title— sworn. An affirmative vote of three-fifths of nized.

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.026 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4241 Mrs. HUTCHISON. Mr. President, I, over $1,000 a couple. Is this a country not spend our way into prosperity, and first, wish to thank Senator MCCAIN for that wants to dissuade people from get- we can’t borrow our way out of debt. leading this effort to present an alter- ting married? That is the core of our That is what this budget does. It at- native because we all know, after look- family support in this country. Our tempts to grow Federal Government. ing at the Democratic budget and the substitute will extend the tax cuts, in- The claim is that it only grows it 2 Obama administration budget which cluding marriage penalty, including percent over 5 years. But when you produced the Democratic budget, that every bracket, and including capital look at the numbers in this budget, it the debt is unsustainable. This is a gains and dividends, to encourage sav- grows at 7 percent in the next year, in budget that would double our debt in 5 ings and shore up our stock market. terms of discretionary spending. Then years, and if it goes out to 10, it would It also takes the bigger picture view. all the pain is after that. We all know triple our debt. As a matter of fact, it This is a 10-year substitute, so it en- the reality of the Senate. There will spends too much, it taxes too much, sures that revenues collected from not be any pain. It will be 7 percent the and it borrows too much. closing the tax gap would only be used year after that. You watch what comes We have to start putting some com- for debt reduction. This is planning for from the appropriators. mon sense in this budget process or we the future. This is saying we are going The House budget has a 12-percent in- are going to go into an abyss. We must to bring down that debt burden that is crease in it. The President’s had an 11- take the reins of this budget and hold in the underlying bill before us. It will percent increase. We can hear all these it back. Today, our debt-to-gross do- not be used to increase Federal spend- statements on the floor, but the No. 1 mestic product is 57 percent. That is ing because we are going to cap that at fact is, everybody in this country is pretty high. The average over the last the baseline plus inflation. We are not going to have to sacrifice except those 50 years has been about 40 percent. This going to hurt anyone. We are not going who have already sacrificed. If we do underlying budget today would take to also add to our debt. In fact, we anything less than that, then what we our debt-to-gross domestic product would cut $4 trillion from the budget are doing is sacrificing the future of ratio to 80 percent. That is simply that is before us. our kids and our grandkids. unsustainable on a long-term basis. The PRESIDING OFFICER (Mrs. In this budget we have a proposal During the Great Depression, during GILLIBRAND). The time of the Senator that will pick up the 11 million Ameri- World War II, we saw numbers such as has expired. cans who are eligible for Medicaid who that, but you cannot sustain it over a Mrs. HUTCHISON. I hope my col- are not even getting health care now long period of time. It was brought leagues will look at this responsible al- and, at the same time, save the States back down after World War II so that it ternative. $88 billion a year and save the Federal was in the 30-percent range. Forty per- The PRESIDING OFFICER. The Sen- Government $40 billion a year and im- cent is optimum. We are at 57. We ator from Oklahoma is recognized. prove the health care of everybody on would go to 80 if we don’t do some- Mr. COBURN. Madam President, the Medicaid today. That is $1.3 trillion of thing. thing many of my colleagues don’t efficiency in health care that we will That is why Senator MCCAIN and know is, before I was a physician I was save. The States will love the plan. those of us who are cosponsoring his an accountant, and the thing about Does it fit into the overall plan of substitute are trying to do the right numbers is you can make them show what we have now? Is it the only way thing. We are trying to produce an al- anything you want. That, historically, we can do it? No. But the fact is, 40 per- ternative that is responsible and takes is what Republicans and Democrats cent of the doctors and caregivers in care of the needs of our country at the have done with budgets. They play our country today will not even see a same time. games. The only year that counts is Medicaid patient. We are up to almost The key points of this substitute are the next year, this next 2010 fiscal 20 percent not seeing a Medicare pa- that we would cap discretionary spend- year. That is the only thing that tient. We have to do something about ing at baseline levels plus inflation, ex- counts in terms of what they are going that. But we don’t need more money in cept for defense and veterans. That to do. health care; what we need is a more ef- means every program we have can grow The important thing before us ought ficient market and common sense in with inflation. You are not cutting to be the following: At the end of the the way we spend the money so we get anything from today, but you are al- budget that is offered by both Presi- great quality care at a fair price, which lowing it to just grow by inflation, dent Obama and the majority, the def- is not happening today. which will cap it—except for defense, icit will be higher than it has ever been I hope my colleagues will consider which does increase, and our veterans, any time prior to this year, and it will the McCain budget because of the sig- which does increase. We have increased not go down. It will never go down, in nificant truth that underlies it, that our veterans, we have increased de- light of that, in terms of a sustainable everybody is going to have to sacrifice fense, we continue to do so because we level. some. Everybody has to sacrifice if we know our duty to those who are serving The second point I want to make on are to get out of the mess we are in. our country and protecting our free- this budget is this budget is a real You can be critical of it, but the fact dom. budget that says to every American ex- is, there is no program, in terms of This substitute also extends the 2001 cept our fighting men and women and total dollars, that is going to see a and 2003 tax cuts. That means marriage our seniors and our veterans: Every- marked decrease in terms of spending penalty relief will be extended. It body has to sacrifice for us to get out without getting exactly the same or means we will not put a shock into the of the mess we are in. The sacrifice will better results. stock market by increasing the capital not necessarily be hard because of the Our President said he wants a line- gains and dividends rates at a time tremendous amount of waste that is in by-line review of every program, that when we want to shore up our stock the Federal Government right now. At he wants competitive bidding, he wants market. The worst thing we can do is a conservative minimum, 10 percent of metrics. That is what we do. We actu- send a signal that those taxes are going everything we spend is pure waste or ally do what the average American to go up in 2 years when our economy fraud. We will not do anything about would do. We apply common sense to is already flailing. It will lower every- it. One of the things with the McCain the way the Government spends one’s tax burden—everyone’s. It will budget, the Republican budget, is that money, and we look at it and say we keep that 10-percent rate instead of it will force us to do something about cannot continue on the path we are on moving it up. It will keep everyone’s it. without bankrupting our kids. tax burden lower. We take some of that $380 billion a The very real possibility that out of Marriage penalty relief is something year that is now defrauded of the Fed- the budget that is being presented I am going to offer an amendment on if eral Government, or pure waste, and today we will have a fiat currency or a this substitute does not pass because we will recapture that to do something currency that is inflated, which will we need to make it permanent. The positive. But the underlying point is, devalue the assets of everybody in this marriage penalty in this country, if we as Americans, if we are going to get country, is absolutely real and recog- go back to the way it used to be, is out of the problems we are in, we can- nized.

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.004 S02APPT1 rfrederick on PROD1PC67 with SENATE S4242 CONGRESSIONAL RECORD — SENATE April 2, 2009 The PRESIDING OFFICER. The time Missile defense, I am working with amendment appear all as one piece in of the Senator has expired. Senator LIEBERMAN on that. I am con- the RECORD. I think that will be better Mr. COBURN. I thank the Senator cerned there might be some belief that for those reading this at some point in from Arizona for the time to speak on we can ease off the completion of mis- the future, if someone does care to read his budget, and I yield. sile defense. Our missile defense sys- it in the future. It will be better if we The PRESIDING OFFICER. Who tem now has 26 launchers already built keep the McCain debate all together as yields time? or contracted for; we want to do 44. one. Mr. MCCAIN. Madam President, how After years and years of science and The PRESIDING OFFICER. Without much time is remaining on both sides? technology and investment, we are objection, it is so ordered. The PRESIDING OFFICER. The ma- about to be able to complete a missile Mr. CONRAD. First, I thank and con- jority has 35 minutes and the Repub- defense system that will make us all gratulate the Senator from Arizona for licans also have 35 minutes. proud and can protect us from such producing a budget and a budget alter- Mr. MCCAIN. I thank the Chair. things as a North Korean launch. If we native. That was not done on their side Mr. SESSIONS. Madam President, I don’t get this system up like we need until he did it, and I commend him for ask to be notified after 4 minutes. it, we will not be able to do that. it. The PRESIDING OFFICER. The I believe today our technology would I also commend him for producing a Chair will so advise the Senator. The knock down that missile if it reached budget that in its overall totals is very Senator from Alabama is recognized. the United States. We need to complete close to the budget resolution I have Mr. SESSIONS. Madam President, I that program. If we slow it down, it advanced through the Budget Com- thank the Chair. I appreciate the com- will just drive up the cost even more. mittee. ments that have been made. I agree That is important. In fact, if you compare Senator first with Senator COBURN’s comments I am concerned about the history of MCCAIN’s 5-year totals with my 5-year about our distinguished chairman’s this Congress when it deals with border totals, compare his revenue to my rev- pride in spending less money than the security. We have voted repeatedly— enue, his spending to my spending, Obama proposal called for for discre- the last big vote was 80 to 19—to com- they are 98 percent alike. In addition, tionary spending over 5 years. He said plete 700 miles of fencing and barriers the size of the deficit in 2014 is vir- he saved $600 billion—and it should on our border. The money often does tually the same. Mine is 2.9 percent of save some. However, President not get appropriated, however. We vote GDP, his is 2.8. And the debt, mine is Obama’s budget was an 11-percent in- and say we are for it, but when the 98.7, his is 98.3, virtually identical in crease. chips are down the money doesn’t get 2014. So there is some commonality here, Senator CONRAD came in with a 7-per- funded. This would call on us to com- and that is something perhaps we can cent increase, which is huge in light of plete the funding for that project. I build on. Of course, there are dif- the money we are spending on top of think all of us would want to complete that with the stimulus package we just ferences, and differences do matter. what we have started. Largely they appear in two places. The passed; and at 7 percent, Government The PRESIDING OFFICER. The Sen- Senator from Arizona appears to re- spending would double in 10 years. But ator has 1 minute. duce mandatory spending by $350 bil- the House is at 12 percent. So when the Mr. SESSIONS. Madam President, I lion over 5 years. bill goes to conference, it is not going want to say it is not impossible for us But where does he do it? Does he at least to move substantially toward a to be at 7, it is going to be at 10, 11, show savings in Medicare? No. Does he balanced budget. In the immediate maybe 12 percent. show savings in Medicaid and the No. 2, his savings are projected in years ahead it is going to be hard to health care accounts? No. Does he show years 2, 3, 4 and 5, and as Senator get to a balanced budget. But the savings in Social Security? No. Does he COBURN said, when we come back next President’s budget does not attempt to show savings in agriculture? No. He year, this body, if the same Members do so. In fact, in years 7 and 10 of his does not do it in any of those places are here, is going to have another 7 budget, his deficits are not going down. that are the major pots of money for percent or 10 percent. The only one This is his own document he submitted mandatory spending. Instead, he takes that counts is this year. So I do not be- to us—they are surging upward. In his all of the $350 billion in savings in lieve we have a real change in this 10th year, the Congressional Budget Of- Function 920. That is the general over- budget. I believe Mr. Orszag is cor- fice says his deficit will be, in 1 year, head function for all of those cat- rect—the President’s budget manager— $1.2 trillion. That will be almost three egories. that this is 98 percent of what he asked times the highest deficit this country So, in effect, what he has is an for and he asked for a budget over 10 has ever had in its history. across-the-board cut in Medicare, Med- years that doubles the debt in 5 years I thank Senator MCCAIN and others icaid, Social Security, agriculture, and and triples it in 10. It triples the debt who are working on it. that is how this budget would work. I in 10. It is admitted by the President’s The PRESIDING OFFICER. Who do not know if that is the intention, own budget. It is in the numbers he yields time? but that is what would happen. sent to us. We are not making this up. Ms. LANDRIEU. Madam President, I In fact, excluding debt service, 85 per- That is No. 1. suggest the absence of a quorum. cent of the claimed savings are from The PRESIDING OFFICER. The I have several amendments I will be function 920, no specific savings at all. calling to my colleagues’ attention. clerk will call the roll. Where are the remaining 15 percent of The legislative clerk proceeded to One is the Comprehensive Outer Conti- the savings? Largely, they are in the nental Shelf Study. We have no idea call the roll. Mr. CONRAD. Madam President, I international affairs budget. Relative today how much oil and gas may be off ask unanimous consent that the order to the budget resolution before us, and our coasts, our Atlantic coast and Pa- for the quorum call be rescinded. that is before we adopted the Kerry cific coast. Particularly, the Atlantic The PRESIDING OFFICER. Without amendment yesterday, he reduces States are eager to know what is out objection, it is so ordered. spending on international accounts by there and to consider whether they Mr. CONRAD. Madam President, how $44 billion over the 5 years. The Sen- want to produce out there. I think it much time remains under my control? ator from Arizona assumes an increase has great potential for America. The PRESIDING OFFICER. There is of 1.3 percent in 2010 and less than 1 Every barrel of oil and energy we can 25 minutes remaining. percent over the remaining 5 years. produce in the United States off our Mr. CONRAD. Madam President, how That runs counter to what the Sec- shores so we do not have to transfer much time is under the control of Sen- retary of Defense has asked of us be- our wealth to Saudi Arabia or Ven- ator MCCAIN? cause he has asked that we plus-up the ezuela or places around the world but The PRESIDING OFFICER. There is international accounts so that things keep it here creating jobs and revenue 10 minutes remaining on the McCain that really ought to be done in the is progress for America in a significant amendment. international accounts, instead of the way. That is an amendment on which I Mr. CONRAD. I ask unanimous con- Defense Department accounts, be hope we will have bipartisan support. sent that the debate on the McCain shown there.

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.005 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4243 Disturbingly, next year, when we will table, and we have a special process to that is a difficult task. I don’t think it still be recovering from the worst re- get whatever plan they develop to the has been done. I thought for a minute, cession since the Great Depression, the floor for an actual vote. My own belief in listening to the chairman of the budget advanced by the Senator from is, after 22 years of this, the only real committee speak about the McCain al- Arizona would cut nondefense discre- hope for changing the underlying poli- ternative, that perhaps he was going to tionary spending, compared to the res- cies, for disciplining entitlements, for support it. But I understand why he olution before us, by $23 billion. Those fundamental tax reform, the only way can’t. cuts would affect virtually every dis- to do that is some sort of special bipar- There is one other major difference cretionary function, although not de- tisan process where everybody is at the the Budget Committee chairman fails fense and not veterans. I commend him table, everything is on the table, and to point out between the President’s for holding them harmless, but that the work of that group comes to the budget and the Democratic budget we means everything else has to be cut floor for a guaranteed vote. That is the will be voting on, and it is a funda- more. That means education, the best hope we have. mental difference. The President’s health care accounts—all of those With that, I yield the floor and retain budget and the Democratic budget would have to be cut. the remainder of my time. focus on where we are going to spend In terms of looking at a budget in a The PRESIDING OFFICER. The Sen- money, versus the McCain budget fair and balanced way, while I com- ator from Arizona. which seeks to reduce Federal spending mend the Senator for producing a Mr. MCCAIN. I yield myself a couple for the short term and the long term. budget, it is a budget without detail, a of minutes. The reason that is a fundamental dif- budget without specificity, a budget First, the fundamental difference be- ference is that when you look at the that is almost ‘‘paint your own pic- tween the proposal before us and my President’s budget and you look at the ture.’’ Because he has this $350 billion proposal is that the budget as proposed Democratic budget, in the year 2019, of savings in function 920, because he has a growth in 2010 for nondefense for example, the amount of money that doesn’t specify, that would have to be spending of 8 percent, with about 1 per- will be owed as interest on the debt done across the board. That means all cent growth in each of the following will exceed the amount of money we of these other functions—Medicare, So- years from 2011 to 2014. That is an old are going to spend on discretionary de- cial Security, agriculture, all of the gimmick. The budget proposal before fense. That is outrageous. other mandatory accounts—would have us caps discretionary funding in 2010, I have four grandchildren. Two of to take significant across-the-board which front-loads all the higher costs them are brand new. They are the ones cuts. in the first year. Without caps in the who will be charged with repaying this I commend the Senator from Arizona outyears, we will find ourselves right debt. By passing the Democratic budg- for offering an alternative, but I think back here next year listening to why et and the President’s budget, there is the difference between his plan and my the administration can’t possibly live simply no way the grandchildren of all plan in overall numbers is very small, with an increase in 2011 of less than 1 of us are ever going to be able to pay but the differences that do exist matter percent as recommended in the budget. the money back. a great deal. Mandatory spending is more than So- I urge support for the McCain alter- One other point I want to make: As cial Security and Medicare. It is gen- native. with many of my GOP colleagues’ eral sciences, space, energy, natural re- The PRESIDING OFFICER. The Sen- amendments, the McCain amendment sources. Every estimate we have is ator from Arizona. would create 60-vote points of order that we could cut 10 percent imme- Mr. MCCAIN. I yield myself 30 sec- against future budget resolutions, diately in unnecessary and wasteful onds. threatening the ability to maintain the spending and fraud across the board, I didn’t mention at the beginning of disciplines that come through the including Medicare, including all of my response, but I wish to express my budget process. Caps on discretionary these other programs. We are asking appreciation for the way the chairman, spending, allocations to committees, Americans who are tightening their Senator CONRAD, and Senator GREGG the supermajority points of order belts, we are asking every State legis- have handled this debate. People have against excessive spending—all of that lature in America to make tough deci- had a good opportunity to express their would be put at risk in the name of sions, and we are not making those views. The worst part, obviously, is preventing the growth of deficits and tough decisions. We are just going on coming up in about 20 minutes. Both debt. While I share the basic idea and as if it were business as usual. An 8- the distinguished chairman and rank- the basic value of trying to control percent increase in spending for 2010? ing member of the committee have deficits and debt, as an unintended con- Tell me one State legislature in Amer- handled the debate in a fashion better sequence, the cure here is worse than ica or any family in America that can than I have ever seen in the past. I con- the disease. When the answer is to afford an 8-percent increase in their gratulate both of them for allowing make it harder to do a budget resolu- budget. Only we can because we print virtually every Member of the Senate tion, you actually lose the disciplines money. to express their views on this impor- we could employ in order to reduce the I reserve the remainder of my time. tant issue. The PRESIDING OFFICER. Who I retain the remainder of my time. growth of deficits and debt. The PRESIDING OFFICER. Who It is a curious thing, if one thinks yields time? yields time? about it. The way to prevent the The Senator from Georgia. The Senator from North Dakota. growth of debt is not to do a budget or Mr. CHAMBLISS. I ask unanimous Mr. CONRAD. Madam President, I in- make it harder to do a budget. Unfor- consent that the Senator from Arizona quire if the Senator from Arizona wish- tunately, around here one of the few yield 2 minutes to me to speak on the es to go on his amendment. Do we still budget. things we have to discipline spending is have Senator GRAHAM? a budget. That is where all the points The PRESIDING OFFICER. The Sen- Mr. MCCAIN. I think he is on his of order lie when we go to the appro- ator is allotted 2 minutes. way. priations process. If it were successful, Mr. CHAMBLISS. Madam President, Mr. CONRAD. Could I say, I was told if you were able to prevent doing a as everyone knows, the chairman of a number of years ago that one of our budget resolution, you would then im- the Budget Committee happens to be a colleagues called in and said he was on mediately go to appropriations bills dear friend of mine, a guy with whom I his way, that he was at the airport, and and you would have no points of order, work on any number of issues on a reg- then it turned out he was at the Phila- no 60-vote hurdles against excessive ular basis. I empathize with him for delphia airport. spending. We want to think carefully having to take what I think has been The PRESIDING OFFICER. The Sen- whether that is the answer. generally recognized as a freewheeling ator from Arizona. My own view is, we would be much spending budget coming from the Mr. MCCAIN. Madam President, I better off doing some kind of special White House and try to evolve that thank the chairman. process where all of the major players into something that is meaningful and I wish to remind my colleagues where are at the table, everything is on the much more responsible. Unfortunately, we are. We have a national debt of $10.7

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.008 S02APPT1 rfrederick on PROD1PC67 with SENATE S4244 CONGRESSIONAL RECORD — SENATE April 2, 2009 trillion. The budget that was proposed wars, and I wish to give a little So I say to my colleagues, if you rack by the President was $3.6 trillion. What straight talk. In Afghanistan it is up, if you look at his revenue compared we are looking at is a debt of $10.7 tril- going to get worse before it gets better, to my revenue: 98 percent the same. lion. The Fed just pumped $1.2 trillion and it is going to cost more of Amer- His spending versus my spending: 98 into the economy. The TARP, Troubled ican blood and treasure. percent the same. Where have we heard Asset Relief Program, was $700 billion. It reduces the deficit and debt more that figure before? We passed an omnibus bill of $410 bil- than the proposals offered by the Sen- I think the point that needs to be lion. Prior to that, we passed a $1.1 ate Budget Committee or the Presi- made, though, is that there are dif- trillion stimulus package. And to cap dent, and I would point out that 10 ferences, and the differences do matter. it all off, the Chinese own $2 trillion of years is what we have to plan for rath- The big difference here is the Senator our paper, of our debt. er than 5. It addresses the critical prob- from Arizona saves $350 billion out of This is an unprecedented expenditure lem of Social Security and Medicare the mandatory accounts, but he does of the taxpayers’ dollars, and with no solvency by the establishment—accord- not say where. He does not say where. way of paying for it. So these are ex- ing to the proposal both by the chair- He does not say it is out of Medicare. traordinary times, and we need to do man and ranking member—of BRAC- He does not say it is out of Social Se- extraordinary things. But let’s try not like commissions that would provide curity. He does not say it is out of agri- to ignore what we are doing to future recommendations to reduce mandatory culture. He does not say it is out of the generations of Americans. Especially spending by at least 4 percent over the other mandatory accounts. He puts all this time of year, I see lots of our citi- next 5 years. $350 billion in section 920, which is an zens around the halls of Congress wear- It addresses our critical energy goals, across-the-board cut in all of them— ing badges and buttons and carrying and it also extends the tax cuts. This is $350 billion. signs and advocating for the causes and the wrong time to increase anyone’s Colleagues, if you want to be voting efforts they believe in. Generally taxes. History shows us if we raise peo- for cuts that could be $350 billion in speaking, those causes and efforts, in ple’s taxes in tough economic times, it Medicare and Social Security, vote for their view, require more of our tax dol- exacerbates the economic problems. the McCain alternative. If you do not I do not pretend this is easy. I do not lars. I understand that. I appreciate it. think that is a real good idea, stick pretend this does not affect many And it is wonderful to see people exer- with the budget that is before us. Be- Americans and their lives. But if we cising their right to petition Congress, cause we have been specific about lay these multitrillion-dollar debts on which is guaranteed by the Constitu- where the revenues are, about where future generations of Americans, we tion. the spending is, and we have tried to be have contradicted and betrayed the But I do not see anybody who is in disciplined about getting down to vir- commitment this Nation has kept the halls of Congress for my kids and tually the same levels on deficits and throughout our history; that is, that my grandkids and your kids and your debt that are in the McCain amend- the next generation of Americans in- grandkids. We are laying an astronom- ment. herit a better Nation than the one we ical debt on them, which they will have I yield the floor. did. to pay for sooner or later. One of the Madam President, I urge a vote for I suggest the absence of a quorum. ways to pay for it is to debase the cur- this amendment and this alternate The PRESIDING OFFICER. The rency and print money. The result of budget proposal. clerk will call the roll. that is hyperinflation, which is the I yield the floor. The assistant legislative clerk pro- greatest enemy of the middle class, and The PRESIDING OFFICER. The Sen- ceeded to call the roll. we have seen that before in the 1970s. ator from North Dakota. Mr. GRAHAM. Madam President, I So, yes, this is a tough budget I am Mr. CONRAD. Madam President, ask unanimous consent that the order talking about. Yes, these are caps on could the Chair inform us of the time for the quorum call be rescinded. discretionary spending. Tell me of a remaining on both sides? The PRESIDING OFFICER. Without family in America—hardly—that is not The PRESIDING OFFICER. The Sen- objection, it is so ordered. having to put a cap on their spending. ator from North Dakota has 9 minutes. Mr. GRAHAM. Madam President, if it Tell me of a State legislature in Amer- The Senator from New Hampshire has is all right with the bill managers, I ica that is not having to put a cap on 71⁄2 minutes. The Senator from Okla- would ask for 7 minutes to speak in their spending because of enormous homa has 3 minutes. The Senator from support of the McCain amendment. debts. My home State of Arizona is South Carolina has 5 minutes. The Sen- The PRESIDING OFFICER. The Sen- looking at a billion-dollar deficit. That ator from Mississippi has 2 minutes. ator has 5 minutes under the order. is small compared to what is happening Mr. CONRAD. Madam President, I Mr. GRAHAM. Five minutes. OK, in California. think I will take a bit of my time, thank you, Madam President. Madam President, I ask for 2 addi- then, as we await these other Senators. I stand today in support of an alter- tional minutes from Senator GREGG’s Perhaps the cloakroom could check on native budget that is being proposed by time. the availability of Senators who have Senator MCCAIN and others. This coun- Mr. GREGG. Madam President, I time so we can use the time effectively try is trying to write a budget for the yield the Senator 3 minutes. and efficiently. American people. That should not be The PRESIDING OFFICER. Without With respect to Senator MCCAIN’s unknown to the American people. They objection, it is so ordered. amendment, his substitute, I want to are doing it every day. Every business Mr. MCCAIN. So my point here is—by again indicate there is virtually no dif- is writing a budget. Every family is the way, one of the areas I agree with ference between the debt at the end of trying to plan a budget. The one thing both Senator GREGG and Senator the 5 years under his amendment and families and businesses are doing is CONRAD is, we have to have a commis- the amendment that has come through they are tightening their belts. Well, sion that meets and makes tough deci- the Senate Budget Committee. The we are not. We are buying a bigger sions on entitlements. We know enti- debt as a share of GDP on the budget belt. We are buying a bigger suit. tlements cannot be sustained at their that is on the floor is 98.7 percent of We are trying to mask the fact that present level. And, of course, the first GDP in 2014. In the substitute amend- we are grossly overburdened. The budg- area we ought to look at is the $60 bil- ment offered by the Senator from Ari- et before us is better than President lion the inspector general has said is zona, it is 98.3 percent. There is vir- Obama’s budget. But Peter Orszag of wasted in Medicare and Medicaid every tually no difference in the debt levels OMB says it is 98 percent the same. So year. But tough decisions have to be under the McCain amendment and the we are tying to find a different path. made. budget I have offered our colleagues. You can evaluate the people running This is a tough budget proposal here. With respect to deficits, in 2014, the your country as to how they want to This is tough. It caps discretionary deficit as a share of GDP in the budget spend your money and how much. spending, except for defense and vet- that is before us is 2.9 percent. Under What we are proposing in this budget erans. It increases defense spending. the McCain amendment, it is 2.8 per- is to basically freeze domestic spend- We are in two wars. We are in two cent. ing, except for defense and veterans—to

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.009 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4245 do what you are doing, basically; that are three and in 20 years there will be All of this is not the result of an act is, control your spending, to get by on two. People will not be able—two work- of nature, it is the result of very defini- the same amount of money, with allow- ers will not be able to meet the obliga- tive actions by a small number of peo- ing some growth in some needed areas, tions that are owed through the Social ple on Wall Street who have shown out- but to rein in what will be a dramatic Security system unless we act now. rageous greed in their behavior. It goes increase over time of domestic spend- This budget puts aside a reserve pro- without saying that we need a major ing. I think we can do that. gram to deal with saving Social Secu- investigation to understand how we got We are spending trillions of dollars. rity. Medicare and Social Security and into this disaster, and what we are We have trillions of dollars available to Medicaid are a very large part of our going to do to get out of it, and whom us. I know we could get by for another budget, and they are on autopilot. I we are going to hold accountable. year or two on that same amount of commend the President for wanting to It goes without saying that we need money, allowing growth in certain key do something in health care, but in his to begin the process of reregulating areas if we wanted to. But we don’t budget, he adds $1.6 trillion as a down- Wall Street, bringing back Glass- have to. It is a choice we make. You payment on health care reform. Steagall, and making sure our tax- don’t have that choice. You can’t go We already spend more money than payers will never again be put in this and print money. If you write a bad any country in the world on health position of having to bail out the greed check, you go to jail; we call it good care. Rather than adding another $1 on Wall Street. It goes without saying government. So you have choices. You trillion into the system, let’s see if we that we have got to address the issue of have to make choices. We seem not to can better manage the money we have too big to fail, in my view—and I have be bound by any choices. today. This budget puts a new earmark said this many times—if an institution If you are going to build a budget system in place so Senators and Con- is too big to fail, it is too big to exist, from a Federal level, what is the most gressmen cannot, in the middle of the and we begin should begin right now in important thing? At home and in your night—— starting the breakup of these mam- business, you build a budget around the The PRESIDING OFFICER. The Sen- moth financial institutions whose fail- essentials of what your family needs ator’s time has expired. ure would cause systemic damage to and what your business needs. I think Mr. GRAHAM. This is an alternative our entire economy. we should be building a budget around that makes sense. This is an alter- It goes without saying that we have securing the Nation. Under the budget native that has to make the same got to do more than worry about Wall of President Obama, defense spending choices you are making in the private Street, we have got to start worrying goes from 4.7 percent of GDP—we are sector. I hope the Congress will adopt about Main Street and the middle class in Iraq and Afghanistan; there are all this proposal. of this country. We need to pass strong kinds of threats from Iran, North The PRESIDING OFFICER. The Sen- mortgage reform legislation, as well as Korea, you name it; the world is a very ator from Vermont is recognized. legislation to protect the American dangerous place—and over 10 years, his AMENDMENT NO. 875 people, who are paying outrageously defense budget takes spending down to Mr. SANDERS. Madam President, I high interest rates on their credit 3 percent of GDP. I don’t know what he ask unanimous consent to call up cards. is listening to in terms of intelligence amendment No. 875. In that regard, I have introduced leg- reports, but I don’t think this world is The PRESIDING OFFICER. Without islation, and hope to get it to the floor safe right now, and now is not the time objection, it is so ordered. of the Senate before too long, which to cut defense. The budget I am sup- The clerk will report. would put a cap of 15 percent on the in- porting, Senator MCCAIN’s alternative, The legislative clerk read as follows: terest rates any credit card holder in does away with tax increases on the job The Senator from Vermont [Mr. SANDERS] this country would be charged. creators. If you make over $250,000 a proposes an amendment numbered 875. But those issues dealing with Wall year, your taxes are going to go up by Mr. SANDERS. Madam President, I Street and many more will have to about 25 percent. At a time when we ask unanimous consent that the read- wait for another day. Today, I am of- are trying to get people to expand their ing of the amendment be dispensed fering, along with Senators FEINGOLD business—and I can tell my colleagues with. and WEBB, a very simple, what I believe one thing, and John Kennedy under- The PRESIDING OFFICER. Without is a noncontroversial amendment, stood this—if you raise taxes, people do objection, it is so ordered. which I hope will have the support of less business. If you raise the capital The amendment is as follows: every Member of this body. As you well know, the Congress voted gains rates from 15 to 20, people do less (Purpose: To require information from the capital gains transactions because Board of Governors of the Federal Reserve to provide $700 billion in so-called there is a penalty to engage in business System about the use of emergency eco- TARP funds to help bail out some of activity. So now is not the time to nomic assistance) the major financial institutions in our raise taxes on anyone. On page 48, line 24, insert ‘‘including the country. I happen to have voted We have to compete with China and identity of each entity to which the Board against that bailout. But what is very India. When you pass on the cost of has provided such assistance, the value or clear is that every penny of that TARP doing business—and that is what will amount of that financial assistance, and bailout money is now public. happen—the American consumer suf- what that entity is doing with such financial As part of that bailout legislation, fers and the American business com- assistance,’’ after ‘‘2008,’’. what was mandated is that every finan- munity is going to suffer because they Mr. SANDERS. Madam President, cial institution that received 1 penny are competing with people in a global the American people are outraged by of the taxpayers’ money would be list- economy who do not have all these tax the greed, the recklessness, and the il- ed on the Treasury Department Web burdens. legal behavior they have seen from the site. And if any American wants to The biggest problem this country masters of the universe on Wall Street, know where that $700 billion went, they faces in terms of long-term debt is So- who, through their outrageous behav- can account for every nickel of that. cial Security and Medicare. These are ior, these financial tycoons, many of That is the way it should be. entitlement programs. When you get whom have earned hundreds of millions On the other hand, what many people retirement eligible under Social Secu- of dollars, if not billions of dollars in do not know is that the TARP funds, rity, you get a check based on your their career, have plunged our country that $700 billion, were only one part of contributions. Nobody wants to allow and much of the world into a deep re- the bailout. What many people do not that system to go bankrupt, but it is cession which has cost our people mil- know is that the Federal Reserve has headed toward bankruptcy. Why? Be- lions of jobs, which has cost people lent out over $2 trillion to a number of cause the amount of money coming in their homes, which has cost people financial institutions. But if you were and the amount of money obligated do their savings, and which has led mil- to ask me or any Member of the Sen- not match. lions of Americans to wonder what ate, any Member of Congress, any When I was born in 1955, there were 15 kind of future their kids are going to American, who received that money, workers for every retiree. Today there have. what they will tell you is: We do not

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.010 S02APPT1 rfrederick on PROD1PC67 with SENATE S4246 CONGRESSIONAL RECORD — SENATE April 2, 2009 know. Over $2 trillion of taxpayer I sincerely believe that is not an More than ever, people in businesses money has been placed at risk, but the issue of left versus right. In fact, some and residences, individuals and fami- American people do not know who re- of the strongest supporters of this con- lies are focused on the cost of energy ceived those funds, and what the exact cept are very conservative people such and electricity, both on the electricity contractual arrangements were. as RON PAUL, a colleague of mine in the side and the transportation side. While Anybody who believes in the concept House—a former colleague—who sup- we are not there yet, we are pushing of good government, anybody who be- ports this type of approach. A number forward with the President’s new ini- lieves in transparency, understands of Republicans have spoken for in- tiatives and agenda to find a way to that is wrong, that is unacceptable, creased transparency, as well as pro- make America more energy secure. and that has got to change. gressives. In large measure, this debate has ac- Earlier this month, I had an oppor- That is the issue. It is as simple and tually been led by the chairman of the tunity to ask Ben Bernanke, who is the as clear as it can possibly be, that if Budget Committee, who is doing an Chairman of the Federal Reserve, taxpayers are going to be placed at risk outstanding job on the budget, but has about this issue when he testified be- by providing trillions of dollars in also been flexing his muscle and lend- fore the Budget Committee, of which I loans to large financial institutions, ing his voice, and we are so grateful am a member. the American people have a right to and appreciative, to pushing our coun- At that hearing, Chairman Bernanke know who is receiving that money, and try to energy security. told the Budget Committee that since what the terms are. I offer this amendment as a basis to the start of the financial crisis, the Fed This amendment, once again, is sup- establish a deficit-neutral reserve fund has provided loans to ‘‘hundreds and ported by Senator FEINGOLD and Sen- that will continue the precedent and hundreds of banks.’’ But Mr. Bernanke ator WEBB. I ask my colleagues to sup- practice that was set by the Gulf of declined to name any of those banks, port this amendment. Mexico Energy Security Act, which how much assistance they were pro- I yield the floor. will set aside 50 percent of future funds vided, or what, in fact, those banks are The PRESIDING OFFICER. Who to be allocated in a budget-neutral doing with the money that taxpayers yields time? fashion for revenue sharing for States gave them. The Senator from North Dakota. and local governments, along with con- Mr. CONRAD. Madam President, I What the Federal Reserve needs to tributions out of that fund made to the yield 5 minutes to the Senator from understand is that this money does not Land and Water Conservation Fund Louisiana to discuss her amendment, belong to them, it belongs to the Amer- and to investments in energy innova- not to call it up but to discuss her ican people, and the American people tion—those three allocations of fund- amendment. have a right to know who the Fed is ing, whether it is for revenue sharing The PRESIDING OFFICER. Without to establish a partnership with State lending taxpayer money to, how much objection, it is so ordered. they are getting, and what the Fed is and local governments, as we consider The Senator from Louisiana. where else in America we can drill. asking in return for this money. I can- AMENDMENT NO. 931 not imagine anything that is more ob- This amendment does not say where Ms. LANDRIEU. I rise to speak about we are going to drill. It does not au- vious, more common sense. How can amendment No. 931 which is at the you put $2.2 trillion of taxpayer money thorize drilling. It says when those de- desk, as modified. I will ask the chair- cisions are made that the revenues at risk and not know who is receiving man at a later time for it to be voted that money? I think back now to the should be shared with State and local on and in order. governments appropriately, to enter financial forms that Members of Con- I wanted to speak about an issue in gress have to fill out. People want to into strong, reliable partnerships and the budget as we discuss the impor- mutually beneficial partnerships for know, are we in a conflict of interest. tance of laying out a framework for We fill out those forms, they are made increased drilling domestically. I think how we may allocate future revenues this is a very smart way to proceed, public. Our staff members fill out those that come into our general fund from forms. In many instances, when people and it has been voted for by over 72 offshore oil and gas drilling. Members of this Senate, both Repub- are applying for Federal aid, they are A couple of years ago, in 2006, Sen- licans and Democrats. forced to make public what they are ator Domenici and I led a bipartisan ef- In addition, we understand that a asking for and how much. Some years fort to establish what I believe is a part of this money could be dedicated ago, small farmers in the State of breakthrough process as we seek to to conservation, land and water. It Vermont received some help from the build a system or a method of energy could also go to energy innovation, re- Federal Government as part of the security for our Nation which would, as search, and development. So, again, it MILC program, if I recall correctly the debate is going on in the Congress, does not tie our hands to the specifics. there. It was right in the newspaper, include more domestic oil and gas It does not authorize any drilling that every nickel the struggling farmers drilling and an expansion of our nu- is not already authorized under the were getting. Some of these farmers clear capability for the production of law. But it does establish a deficit re- make $20,000, $25,000 a year. Some of electricity. I am very hopeful about al- serve fund for us to act in the future. them are on food stamps. It was, $8,399 ternative energy—wind and solar. We I understand my time has come to an goes to this farmer and that farmer. also have some interesting experiments end. I thank the chairman for his con- They were not happy about it. That is underway with geothermal and energy sideration. We will call this amend- what the process was. created by our tides. There are also ex- ment up, No. 931, at the appropriate So it seems to me that if small farm- citing opportunities for new hydro time. ers in Vermont are going to see what projects. It is going to take all of the The PRESIDING OFFICER. The Sen- they get from the Federal Government above to help our country maximize ator from North Dakota. and hope to keep small farms alive in domestic energy sources. Mr. CONRAD. Madam President, I this country, I think that multibillion Representing the State of Louisiana, thank the distinguished Senator from dollar financial institutions should I am offering this amendment with the Louisiana for her leadership on these also be asked to have what they re- Senator from Alaska as well, Mr. issues and for the good working rela- ceived made public as well. BEGICH, who also represents a State tionship we have enjoyed. One thing I The amendment I am offering today that has contributed a great deal to have learned about the Senator from is a pretty simple one. It amends an conventional oil and gas production. It Louisiana: She is persistent with a cap- amendment I offered. It was submitted is important that the revenue streams ital ‘‘P.’’ And I will tell you, if I want- in the Budget Committee. Specifically associated with this production are ed somebody to represent me here in this amendment calls for increased shared equitably and fairly, not only this Capitol to get a result, I would transparency, including names, which with the Federal Treasury but with pick her because never have I seen institutions received assistance from States that serve as platforms for this someone more indefatigable in defense the Fed, how much money they re- industry and with counties and, in the of their State than the Senator from ceived, and what they are doing with case of Louisiana, parishes that serve Louisiana, and I mean that with the this assistance. as platforms for this great industry. highest praise.

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.017 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4247 The PRESIDING OFFICER. Who I yield the floor. we have done a 5-year budget here. yields time? The PRESIDING OFFICER. Who That is what we have done 30 of the 34 The Senator from New Hampshire. yields time? times Congress has done a budget Mr. GREGG. How much time is still Mr. GREGG. Madam President, I will under the Budget Act, including the pending for the various parties? yield myself a few minutes. last 5 years and including 2 when the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ranking member was the chairman. ator from North Dakota has 51⁄2 min- ator from New Hampshire is recog- Now, why have we done 5-year budgets? utes, the Senator from New Hampshire nized. It is because the projections beyond 5 has a total of 10 minutes, the Senator Mr. GREGG. I suggest the absence of years are notoriously unreliable. The from Oklahoma has 3 minutes, and the a quorum. ranking member himself has said that Senator from Mississippi has 2 min- The PRESIDING OFFICER. The second 5 years is a guess. My own belief utes. clerk will call the roll. is the fact that President Obama came Mr. GREGG. I see the Senator from The assistant legislative clerk pro- forward with a 10-year budget is a use- Oklahoma. ceeded to call the roll. ful thing. We have that scored. We The PRESIDING OFFICER. The Sen- Mr. GREGG. Madam President, I ask know what that does. We know what it ator from Oklahoma is recognized. unanimous consent that the order for does in the second 5 years. But Con- Mr. INHOFE. Madam President, I ask the quorum call be rescinded. gress has almost always done 5-year unanimous consent to set aside the The PRESIDING OFFICER. Without budgets. Thirty of the thirty-four pending amendment to call up amend- objection, it is so ordered. times a budget has been written in ment No. 742. Mr. GREGG. Madam President, we Congress, it has been done on a 5-year The PRESIDING OFFICER. Is there had represented to our colleagues that basis because the outyears are so noto- objection? Would the Senator restate we would begin voting at 11:30. We have riously unreliable. the number. an inordinate number of votes already One other point I wish to make to Mr. INHOFE. No. 742. in the queue. I hope people will appre- colleagues. We now have over 100 The PRESIDING OFFICER. The ciate the fact that the number of amendments pending. If everyone in- clerk will report—— amendments pending right now is sists on their amendment, we can do Mr. CONRAD. Madam President, I going to take us well into the evening three an hour, we will be here for 33 object. We have a queue here. We have tonight, headed toward midnight. I rec- hours. It is in the hands of our col- a unanimous consent agreement. It ognize everybody wants to get their leagues. If everybody is going to insist would be out of order to call up an amendment up, and that is their right, on their amendment and a vote on amendment at this point. but I would simply counsel that if we their amendment, you can do the Mr. INHOFE. Madam President, let are going to complete this bill—which math. We can do three votes an hour, me withdraw that unanimous consent probably I should not counsel for since and we will be here for 33 hours. I hope request and let me comment about I am not for it, but as a practical mat- my colleagues think carefully about what this amendment is about. There ter, if we are going to complete this that. was a misunderstanding. I thought this bill, we need to be a little bit judicious Mr. GREGG. Madam President, 331⁄2 was going to be voice voted at some as we ask for votes on amendments; hours. point, or accepted. otherwise, we will be here well into Mr. CONRAD. So 331⁄2 hours. I stand It has been accepted on both sides. Friday, if not into Saturday at this corrected. My cosponsor is Senator AKAKA, who I rate. The PRESIDING OFFICER. The Sen- think is down here now. I will briefly At this point, in order to recognize ator from Nevada. describe what it is and, hopefully, we the fact that we are already behind AMENDMENT NO. 805 will be able to get it in before the day schedule a little bit, I would suggest to Mr. ENSIGN. Madam President, my is over. the chairman that we yield back all amendment which I have offered in the There is a little bit of a problem we time, even though I had a brilliant past, is a means testing of Medicare have in health care for our veterans, in statement in opposition to the bill. Part D, the prescription drug benefit. that quite often—in fact, 19 out of the Mr. ENSIGN. Madam President, if This Congress, under the leadership last 22 years—Congress has been unsuc- the Senator will yield, I wasn’t able to of President George W. Bush, offered cessful in passing annual funding for speak on my amendment last night. I seniors a brand new benefit: Prescrip- veterans health care in time. Over the wonder if I could have the remaining tion drug coverage. The problem with past 7 years, the VA has received its time until 11:45 to speak on the amend- what this Congress did is that in this final budget at an average of 3 months ment. brand new benefit, we didn’t take into after the beginning of the new year. Mr. GREGG. I do have 10 minutes account wealthier seniors who were There is a solution to this—this dis- left, so I will yield the Senator 5 min- getting a benefit from a system they continuation of health care for our vet- utes. never paid into. People pay taxes for erans—that doesn’t cost anything, and I, first, wish to take a minute, how- Medicare Part A: Hospital coverage. that is what this bill is all about. It ever, to say I appreciate Senator That is what Part A is for. We cur- would allow us to have advanced appro- MCCAIN’s full substitute. I think it is a rently means test and require seniors priations for veterans health care. This very positive substitute. It does what that have more means to pay part of is not unprecedented; it happens in the American people need to have done. the Part B premium, which covers doc- other areas too. It controls spending in the outyears. tors. Well, Part D is to cover prescrip- In October 2008, during his campaign, The essence of the problem with the tion drugs. So what we are doing with then-Senator Obama said: budget that has been brought forward this amendment is saying to seniors, The way our Nation provides funding for by the President and by the Senator that instead of a schoolteacher, fire- VA health care must be reformed . . . My ad- from North Dakota is that in the out- fighter or police officer, the middle-in- ministration will recommend passage of ad- years, the debt explodes and it explodes come folks out there having to pay vance appropriations legislation for the fis- as a result of an explosion in spending. higher taxes in order to pay for your cal year 2010 appropriations cycle. Senator MCCAIN has taken an aggres- prescription drugs, if you have the So this is a recommendation that ac- sive effort to try to change that course means, then you should pay for them. tually came from the administration. I of action so our kids have an affordable That is all this amendment does. The am joined by several others, including Government. I congratulate him for it. savings are contributed to deficit re- Senator AKAKA, who is, of course, the I yield 5 minutes to the Senator from duction. head of the Veterans’ Committee. Nevada. We are talking about the massive At the appropriate time, I wish to go Mr. CONRAD. Madam President, if amount of debt this budget puts onto ahead and get this through, and I will the Senator from Nevada will withhold our children and our grandchildren. leave it up to the managers of the bill for 1 minute—and this time will not The Chinese, who are a big buyer of our as to when that appropriate time will come out of his time—I think it is very debt, are questioning whether they be. important Senators understand that want to continue to buy our debt. If

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.020 S02APPT1 rfrederick on PROD1PC67 with SENATE S4248 CONGRESSIONAL RECORD — SENATE April 2, 2009 that ever happens, if the Japanese, the ers. That is a policy that needs to be each amendment be reported by num- Chinese, other sovereigns around the debated. I personally think that is ber prior to the time for debate with world, or if our own citizens quit buy- something we should consider. After respect to the amendment; that the ing our Treasury bills this country is all, as the Senator from Nevada said, it previous order remaining debate time in trouble. We should be looking at is in the President’s budget to means and vote time remain in effect; pro- ways to lower our debt, to lower the test Part D drug benefits. vided further, that if a budget point of amount of money we are borrowing But that is not the point here. The order is raised against any amendment, from our children and grandchildren. point here is, do we want to help make then a motion to waive the applicable This amendment saves about $3 bil- health care reform easier or more dif- point of order be considered made, with lion. I realize it is small change, but ficult? The effect of the amendment is the vote occurring on the motion to that used to be a lot of money around to reduce the Finance Committee’s al- waive. here. In these tough economic times we location in health care reform. That is The list of amendments is as follows: should save money whenever we can. going to make the Finance Commit- Ensign, No. 805; McCain, No. 882, as This means-testing of Medicare Part D tee’s effort to get meaningful health modified; Dodd-Shelby, No. 913; Sand- is absolutely a place where we should care reform more difficult. ers, No. 875; Johanns, motion to recom- start saving. I suggest we take up that issue— mit; Bennett, No. 759; Bennet, No. 799; Mr. GREGG. Madam President, will whether to means test Medicare or Democratic side-by-side amendment to the Senator yield? not—in the context of health care re- the Vitter amendment; Vitter No. 787; Mr. ENSIGN. I am happy to yield. form. Then the savings that would be Coburn, No. 892; Casey, No. 755; Coburn, Mr. GREGG. I know the Senator achieved by means testing—if we en- No. 893; Brown, No. 808; Graham, No. mentioned this, but I wish to reinforce acted it—would go toward health care 910; Landrieu, No. 931, as modified, it. This was a proposal that came from reform. with the changes at the desk. President Obama’s administration and The effect of the Senator’s amend- The PRESIDING OFFICER. Is there it was in his budget; is that correct? ment is twofold. One is to suggest objection? Mr. ENSIGN. The Senator is correct, means testing Medicare Part D, which Without objection, it is so ordered. that the President of the United States is in the President’s budget, but the Mr. CONRAD. I thank the Chair. did include means testing as a part of President doesn’t want to use means The PRESIDING OFFICER. The Sen- his budget, means testing for Part D. testing to reduce spending on health ator from New Hampshire is recog- He did put that toward health care. care. He doesn’t want that. So it would nized. There are many of us who believe we accomplish both purposes; that is, to Mr. GREGG. Madam President, I spend plenty of money on health care be sure we meaningfully address means wish to speak in support of the Ensign in this country; we just don’t spend it testing but in a way that doesn’t hurt amendment. It should have been done in the right way. We have a sick care the efforts of health care reform. long ago. There is no reason that peo- system that pays people, doctors, and It makes much more sense to not ple who are working in a restaurant or hospitals once people get sick, but we adopt this amendment but take up the at Wal-Mart in New Hampshire should don’t do pay for better behavior in this question of means testing in the con- have to subsidize Warren Buffett’s country, such as not smoking. text of health care reform, where it is drugs, which is what happens under Safeway was in here talking to us part of many other components of present law. There is no requirement about the program they implemented, health care reform, where the pieces that people who are wealthy have to and they actually give financial incen- will fit together in a way that makes pay anything on Part D premiums. tives for healthier living. They have more sense. I certainly hope we will approve the actually been able to lower costs, com- I respectfully say this is not the Ensign amendment. pared to the rest of the United States, place to consider means testing. It At this point, I suggest that we yield by 40 percent over the last 4 years. The should be done in the context of health back all time. United States does not need to spend care reform. If we don’t approve this Mr. CONRAD. I am prepared to yield more money on health care. We need to amendment, then we can deal with this back all time. better allocate the money we are issue on health care reform. spending. That is why putting the sav- There are a lot of arguments for and Mr. GREGG. We yield back all time, ings from Medicare Part D toward def- against this. I take no firm position as and we will go to the vote on the En- icit reduction is the responsible way to chairman of the Finance Committee, sign amendment. go. but I believe the Senator’s concept has The PRESIDING OFFICER. The Let’s take the $3 billion in savings, merit. After all, it is in the President’s question is on agreeing to amendment considered a pittance around here, and budget, but it should not be done here, No. 805, offered by the Senator from put it toward deficit reduction so we do which has the effect of taking it out of Nevada, Mr. ENSIGN. not continue to put a huge burden on the Finance Committee’s allocation, Mr. GREGG. Madam President, I ask our children and our grandchildren. which makes it more difficult for the for the yeas and nays. Lastly, when the President says: Finance Committee to do its work on The PRESIDING OFFICER. Is there a Let’s means test Part D, I think we health care reform. sufficient second? There is a sufficient should do just that. When our children I respectfully urge Senators to not second. and our grandchildren are saying: Let’s support this amendment so we can The clerk will call the roll. not have any more debt, let’s not be make it easier to take up health care The assistant legislative clerk called burdened with huge taxes in the future, reform in a way that we can consider the roll. we should listen to them as well. We this policy as one of the many we take Mr. DURBIN. I announce that the have a responsibility to do that. up on health care reform. Senator from Massachusetts (Mr. KEN- I yield the floor. Again, I urge that the amendment NEDY) is necessarily absent. The PRESIDING OFFICER. Who not be adopted so we can do our job. Mr. KYL. The following Senator is yields time? The Senator from Mon- I yield the floor. necessarily absent: the Senator from tana is recognized. The PRESIDING OFFICER. The Sen- Alaska (Ms. MURKOWSKI). Mr. BAUCUS. Madam President, this ator from North Dakota is recognized. The PRESIDING OFFICER (Mrs. amendment sounds good on the sur- Mr. CONRAD. Madam President, mo- HAGAN). Are there any other Senators face, but, frankly, it will make health mentarily, we will go to a vote on the in the Chamber desiring to vote? care reform more difficult. It is dif- Ensign amendment. The result was announced—yeas 39, ficult enough as it is. This amendment Before we do that, I ask unanimous nays 58, as follows: will make it much more difficult. consent that upon the use of all time [Rollcall Vote No. 128 Leg.] Some suggest that wealthier Ameri- remaining for debate on the budget res- YEAS—39 cans should be ‘‘means tested;’’ that is, olution, the Senate then proceed to Alexander Bond Burr they should not get the same benefit vote in relation to the following Barrasso Brownback Chambliss under the Part D drug benefit as oth- amendments in the order listed; that Bennett Bunning Coburn

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.020 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4249 Cochran Grassley McCaskill that. So I ask colleagues, if you can [Rollcall Vote No. 129 Leg.] Collins Gregg McConnell Corker Hatch Risch take a voice vote on your amendment YEAS—38 Cornyn Hutchison Roberts or if you can hold off to another day, Alexander Ensign McCain Crapo Inhofe Sessions please do so; otherwise, we will be here Barrasso Enzi McConnell DeMint Isakson Shelby clear through tomorrow. Bennett Graham Murkowski Ensign Johanns Specter Bond Grassley Mr. GREGG. The next amendment is Risch Enzi Kyl Thune Brownback Gregg Roberts Feinstein Lugar Vitter Senator MCCAIN, I believe. Bunning Hatch Sessions Graham McCain Voinovich Burr Hutchison AMENDMENT NO. 882, AS MODIFIED Shelby Chambliss Inhofe Specter NAYS—58 The PRESIDING OFFICER. Under Coburn Isakson Thune Cochran Johanns Akaka Hagan Nelson (NE) the previous order, there will now be 2 Vitter Baucus Harkin Cornyn Kyl Pryor minutes of debate equally divided prior Voinovich Bayh Inouye Crapo Lugar Reed to a vote in relation to amendment No. Wicker Begich Johnson Reid DeMint Martinez Bennet Kaufman 882, as modified, offered by the Senator Rockefeller NAYS—60 Bingaman Kerry Sanders from Arizona, Mr. MCCAIN. Boxer Klobuchar Schumer The Senator from Arizona. Akaka Feingold Mikulski Brown Kohl Shaheen Baucus Feinstein Murray Burris Landrieu Mr. MCCAIN. Madam President, this Bayh Gillibrand Nelson (FL) Snowe Byrd Lautenberg Begich Hagan Nelson (NE) Stabenow proposal caps discretionary funding at Cantwell Leahy Bennet Harkin Pryor Tester a baseline level plus inflation, a dra- Cardin Levin Bingaman Inouye Reed Carper Lieberman Udall (CO) matic difference between this proposal Boxer Johnson Reid Casey Lincoln Udall (NM) and the Senate budget committee pro- Brown Kaufman Rockefeller Warner Conrad Martinez posal. The proposal by Senator CONRAD Burris Kerry Sanders Dodd Menendez Webb Byrd Klobuchar Schumer Dorgan Merkley Whitehouse increases domestic spending by 8 per- Cantwell Kohl Shaheen Durbin Mikulski Wicker cent for 2010 and then 1 percent in the Cardin Landrieu Snowe Feingold Murray Wyden years following. Carper Lautenberg Stabenow Gillibrand Nelson (FL) We all know that is unrealistic. And Casey Leahy Tester Collins Levin Udall (CO) NOT VOTING—2 we all know we will be back here next Conrad Lieberman Udall (NM) Kennedy Murkowski year with another 8 percent increase in Corker Lincoln Warner domestic spending. It is time for some Dodd McCaskill Webb The amendment (No. 805) was re- Dorgan Menendez Whitehouse jected. tough love. This is what this budget Durbin Merkley Wyden proposal is. Mr. CONRAD. Madam President, Sen- NOT VOTING—1 ator FEINSTEIN wishes to be recognized The PRESIDING OFFICER. The Sen- Kennedy for the purpose of changing her vote. ator from North Dakota. The PRESIDING OFFICER. The Sen- Mr. CONRAD. Madam President, the The amendment (No. 882), as modi- ator from California is recognized. chairman’s mark that was referenced fied, was rejected. CHANGE OF VOTE increases discretionary spending not by The PRESIDING OFFICER. The Sen- Mrs. FEINSTEIN. Madam President, 8 percent but by 5.3 percent. That is all ator from North Dakota is recognized. I want to change my vote on rollcall domestic discretionary spending is in- AMENDMENT NO. 913 No. 128. It was my intention to vote creased—by 5.3 percent. It averages Mr. CONRAD. Madam President, next ‘‘yes’’ and I voted ‘‘no.’’ Since it will nondefense discretionary spending at a in order is the Dodd-Shelby amend- 1 not change the outcome of the vote, I 2 ⁄2-percent increase over the 5 years. ment, No. 913. ask unanimous consent that my vote The McCain offer and the chairman’s Senator DODD? be changed to reflect a ‘‘yea’’ vote. mark are almost identical with respect Mr. DODD. Madam President, I offer The PRESIDING OFFICER. Without to deficit levels and debt levels. In 2014, this amendment on behalf of myself objection, it is so ordered. the debt is 98.3 percent of GDP under and Senator SHELBY. This amendment (The foregoing tally has been the McCain amendment; 98.7 percent calls for increased transparency and changed to reflect the above order.) under the Chairman’s mark—virtually disclosure at the Federal Reserve Bank Mr. REID. Madam President, I an- no difference. in order to understand better the risks nounced this morning, though only But there are differences. He takes the Fed is taking onto its balance Senator MCCONNELL and I were on the $350 billion in savings out of manda- sheets. It also calls for a further eval- floor, that today we are going to en- tory programs and doesn’t specify uation of the costs of the existing Fed- force the rule. This vote was turned in whether it comes out of Social Secu- eral Reserve Bank system, which has at 20 minutes. The 10-minute votes are rity or Medicare or agriculture—$350 not been done before. going to be enforced. You have a 5- billion. Where does it land? Our colleagues from Vermont and minute leeway. If you are not here ex- If you want to risk cutting Social Se- Kentucky will offer an amendment actly on time, the vote will be turned curity and Medicare by $350 billion, after our amendment is offered. There in. The clerks have been instructed of vote for the McCain substitute. If not, is a distinction between these two. The that fact. vote no. amendment offered by the Senators Senator MCCONNELL and I believe we The PRESIDING OFFICER. The Sen- from Vermont and Kentucky goes one have to move this show along today. ator’s time has expired. step further than ours. Presently—and There is no reason to leave the Cham- Mr. GREGG. I ask for the yeas and it has been the case for years and ber. There is something to drink in the nays. years—you do not reveal the names of cloakroom and a sandwich if someone The PRESIDING OFFICER. Is there a the companies that show up at the dis- wants one, but let’s cooperate and get sufficient second? count window. There is a reason for this done today. There appears to be a sufficient sec- that. The reason is obviously to avoid The PRESIDING OFFICER. The Sen- ond. potential runs on those institutions. ator from North Dakota. The question is on agreeing to Our amendment does not require the Mr. CONRAD. Madam President, now amendment No. 882, as modified. disclosure of those companies names. that colleagues are in the Chamber, we The clerk will call the roll. We call for transparency, disclosure of will give you a status update. We now The bill clerk called the roll. the items I mentioned, the collateral have over 100 amendments pending. We Mr. DURBIN. I announce that the that the Fed is taking, but we stop can do three an hour. If we hold on Senator from Massachusetts (Mr. KEN- short of insisting upon naming the peo- that, and everybody insists on a vote NEDY) is necessarily absent. ple who show up at the discount win- on their amendment, we will be here The PRESIDING OFFICER. Are there dow. That is a fundamental distinction for at least 33 hours. any other Senators in the Chamber de- which our colleagues will have to de- I implore colleagues on both sides, if siring to vote? cide on which course to follow. you can take a voice vote on your The result was announced—yeas 38, We think there is some danger in amendment, please be willing to do nays 60, as follows: going the route our colleagues from

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.002 S02APPT1 rfrederick on PROD1PC67 with SENATE S4250 CONGRESSIONAL RECORD — SENATE April 2, 2009 Vermont and Kentucky are proposing. support for the Sanders-Feingold-Webb Mr. SANDERS. The taxpayers of this If we end up naming those names, you amendment as well. country, through the Fed, have lent could well trigger runs on those insti- The PRESIDING OFFICER. All time $2.2 trillion to a number of financial in- tutions, and that could end up costing has expired. The question is on agree- stitutions. We do not know who these the taxpayer a lot more. The Dodd- ing to amendment No. 913. institutions are or what they received. Shelby amendment improves disclosure Mr. DODD. I ask for the yeas and This is totally absurd. We need to and transparency at the Federal Re- nays. name the names. That is what this serve but does not risk the problems The PRESIDING OFFICER. Is there a amendment is about. associated with the other amendment. sufficient second? There is a sufficient I yield to Senator BUNNING. We urge our colleagues to support our second. The PRESIDING OFFICER. The Sen- amendment. The question is on agreeing to the ator from Kentucky is recognized. I call up the amendment. amendment. Mr. BUNNING. Madam President, The PRESIDING OFFICER. The The clerk will call the roll. this is a transparency amendment that clerk will report the amendment. The assistant legislative clerk called allows the Fed, forces them, to reveal The bill clerk read as follows: the roll. what banks have received over $2 tril- The Senator from Connecticut [Mr. DODD], Mr. DURBIN. I announce that the lion in assistance. That is what the for himself and Mr. SHELBY, proposes an Senator from Massachusetts (Mr. KEN- amendment says. That is what it does. amendment numbered 913. NEDY), is necessarily absent. The PRESIDING OFFICER. The Sen- The amendment is as follows: The PRESIDING OFFICER. Are there ator from Virginia is recognized. any other Senators in the Chamber de- (Purpose: To provide for enhanced oversight Mr. WEBB. I ask my colleagues to siring to vote? of the Board of Governors of the Federal consider 10 words: The American people Reserve System concerning the use of The result was announced—yeas 96, deserve to know where their money emergency economic assistance) nays 2, as follows: went. On page 48, line 21, strike ‘‘banks’’ and all [Rollcall Vote No. 130 Leg.] that follows through ‘‘purposes,’’ on line 25 The PRESIDING OFFICER. The Sen- YEAS—96 and insert the following ‘‘banks, to include ator from Alabama is recognized. (1) an evaluation of the appropriate number Akaka Ensign Menendez Mr. SHELBY. Madam President, I and the associated costs of Federal reserve Barrasso Enzi Merkley Baucus Feingold Mikulski share Senator SANDER’s concern re- banks; (2) publication on its website, with re- Bayh Feinstein Murkowski garding the transparency of these prospect to all lending and financial assistance Begich Gillibrand Murray grams. We all do. We just voted on the facilities created by the Board to address the Bennet Graham Nelson (FL) Dodd-Shelby amendment—96 to 2, it financial crisis, of (A) the nature and Bennett Grassley Nelson (NE) amounts of the collateral that the central Bingaman Hagan Pryor passed, I believe. bank is accepting on behalf of American tax- Bond Harkin Reed As Senator DODD has pointed out, payers in the various lending programs, on Boxer Hatch Reid however, disclosing the names of the Brown Hutchison Risch no less than a monthly basis; (B) the extent Brownback Inhofe Roberts companies may create financial insta- to which changes in valuation of credit ex- Bunning Inouye Rockefeller bility by unnecessarily raising con- tensions to various special purpose vehicles, Burr Isakson Sanders cerns about institutions that accessed such as Maiden Lane I, Maiden Lane II, and Burris Johanns Schumer these facilities, something we should Maiden Lane III, are a result of losses on col- Byrd Johnson Sessions lateral which will not be recovered; (C) the Cantwell Kaufman Shaheen try to avoid. I believe the Senate has number of borrowers that participate in each Cardin Kerry Shelby already spoken, and we certainly do Carper Klobuchar Snowe not need this amendment. of the lending programs and details of the Casey Kohl Specter credit extended, including the extent to Chambliss Kyl Stabenow The PRESIDING OFFICER. The which the credit is concentrated in one or Coburn Landrieu Tester question is on agreeing to amendment more institutions; and (D) information on Cochran Lautenberg Thune No. 875. Collins Leahy Udall (CO) the extent to which the central bank is con- Mr. SANDERS. Madam President, I tracting for services of private sector firms Conrad Levin Udall (NM) for the design, pricing, management, and ac- Corker Lieberman Vitter ask for the yeas and nays. Cornyn Lincoln Voinovich The PRESIDING OFFICER. Is there a counting for the various lending programs Crapo Lugar Warner and the terms and nature of such contracts DeMint Martinez Webb sufficient second? and bidding processes,’’. Dodd McCain Whitehouse There appears to be a sufficient sec- Mr. DODD. I do not see Senator Dorgan McCaskill Wicker ond. Durbin McConnell Wyden SHELBY in the Chamber. The clerk will call the roll. The PRESIDING OFFICER. The time NAYS—2 The bill clerk called the roll. of the Senator has expired. Who yields Alexander Gregg Mr. DURBIN. I announce that the time in opposition? NOT VOTING—1 Senator from Massachusetts (Mr. KEN- Mr. CONRAD. Senator SANDERS will Kennedy NEDY) is necessarily absent. have the time in opposition. The PRESIDING OFFICER (Mr. The amendment (No. 913) was agreed The PRESIDING OFFICER. The Sen- UDALL of New Mexico). Are there any to. ator from Vermont is recognized. other Senators in the Chamber desiring Mr. DODD. Madam President, I move Mr. SANDERS. The Dodd-Shelby to vote? to reconsider the vote and lay that mo- amendment is a very good step forward The result was announced—yeas 59, tion on the table. in terms of long-overdue transparency nays 39, as follows: of the Fed. I compliment both Senators The motion to lay on the table was [Rollcall Vote No. 131 Leg.] for their effort, and I support their agreed to. amendment. AMENDMENT NO. 875 YEAS—59 Unfortunately, this amendment, as The PRESIDING OFFICER. Under Akaka Dorgan McCain Begich Durbin McCaskill Senator DODD has just told us, does not the previous order, there will now be 2 Boxer Ensign Merkley go far enough. The bottom line is that minutes of debate, equally divided, Brown Feingold Mikulski the Fed has lent out some $2.2 trillion, prior to a vote on amendment No. 875, Brownback Feinstein Murray and the American people and the Mem- offered by the Senator from Vermont, Bunning Graham Nelson (FL) Burr Grassley bers of Congress do not know which fi- Mr. SANDERS. Pryor Burris Hagan Reid Byrd Harkin nancial institutions have received that Mr. SANDERS. Madam President, I Risch Cantwell Hutchison money or what the exact terms of ask unanimous consent that Senator Roberts Cardin Inhofe Rockefeller those transactions are. I think it is ba- BUNNING be added as a cosponsor. I will Casey Inouye sically absurd that $2.2 trillion is at yield 30 seconds to him and 10 seconds Coburn Kerry Sanders risk without us knowing who has re- to Senator WEBB, who is a very quick Collins Klobuchar Sessions Snowe ceived that money. speaker. Conrad Landrieu Cornyn Leahy Specter I support the Dodd-Shelby amend- The PRESIDING OFFICER. Without Crapo Levin Stabenow ment, and in a moment I will ask for objection, it is so ordered. DeMint Lincoln Tester

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.025 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4251 Thune Vitter Whitehouse County.’’ Visitors to the Grassley farm friend to taxpayers and a foe to govern- Udall (NM) Webb Wyden say it is not uncommon to see Senator ment waste. NAYS—39 GRASSLEY pulling a cell phone out from As former chairman of the Senate Alexander Enzi Martinez under his baseball cap while riding on Aging Committee, on which I served Barrasso Gillibrand McConnell his tractor. Remind me never to bor- under him, Senator GRASSLEY worked Baucus Gregg Menendez Bayh Hatch Murkowski row Senator GRASSLEY’s cell phone. to expose the neglectful practices of Bennet Isakson Nelson (NE) A 1955 graduate of the University of many of America’s nursing homes, and Bennett Johanns Reed Northern Iowa, Senator GRASSLEY ran certainly Senator GRASSLEY was a cat- Bingaman Johnson Schumer for the Iowa House at the age of 23 and alyst for change. To ensure that gov- Bond Kaufman Shaheen Carper Kohl Shelby lost. But this is a man, the Des Moines ernment workers feel free to shine a Chambliss Kyl Udall (CO) Register once wrote, for whom the light on corruption and misappropria- Cochran Lautenberg Voinovich word ‘‘dogged’’ was invented. Three tion of public funds, CHUCK GRASSLEY Corker Lieberman Warner Dodd Lugar Wicker years later, at age 25, he won that seat coauthored the Whistleblower Protec- in the House, and Iowa voters have tion Act of 1989. NOT VOTING—1 been reelecting him ever since, includ- As former chairman and now ranking Kennedy ing five terms in the Senate. member of the Finance Committee, The amendment (No. 875) was agreed Over the years, Senator GRASSLEY Senator GRASSLEY has worked with to. has distinguished himself for his tenac- Members of both sides of the aisle to Mr. SANDERS. Mr. President, I move ity and his commitment to the public find bipartisan solutions to put tax- to reconsider the vote. interest. Whistleblower amendments payers first. Mr. DURBIN. I move to lay that mo- that he has sponsored have recovered He is a man of his word, and once he tion on the table. $18 billion to the U.S. Treasury. He has tells you what he has agreed to do, he The motion to lay on the table was kept a watchful eye on spending at the goes to the wall. I have found that on agreed to. Pentagon and, as the top Republican a number of different issues working Mr. REID. Mr. President, the reason on the Senate Finance Committee, he with him. this vote took a little longer is because has been an equal opportunity foe of Senator GRASSLEY is a leader on people, even though it is a 10-minute loopholes, closing them to corporations health care issues. Senator GRASSLEY vote, waited until the last minute to and individuals alike. He has also done reached across the aisle to coauthor come and vote or to change their vote. the hard work of following up on these legislation with Senator KENNEDY 12 It is making it extremely difficult for and other accountability measures he years ago that provides middle-class the people at the desk to do this. There has authored over the years. families with the opportunity to buy was a mistake made because people Senator GRASSLEY has a lot to be into Medicare for children with special were switching votes, so it took a lot proud of in his career. He and Barbara needs. longer. are also rightly proud of their 54 years I particularly appreciate Senator If everyone would stay as close as of marriage, their five children, and GRASSLEY’s longstanding commitment they can to get the votes out of the nine grandchildren. CHUCK couldn’t to developing clean, homegrown renew- way and not wait until the last have foreseen such an eventful life able energy. minute—the Republican cloakroom, we when he and Barbara met, and Barbara In addition to his leadership on a have sent pages back to try to find probably certainly didn’t expect that 30 broad spectrum of national issues, Members, and to the Democratic cloak- years of marriage would pass before she Iowans depend on CHUCK GRASSLEY for room as well. finally got her diamond engagement his responsiveness to constituent serv- The PRESIDING OFFICER. The Re- ring. We all know it is probably be- ices. He has accomplished the remark- publican leader. cause CHUCK didn’t want to spend that able feat of visiting each one of Iowa’s SENATOR GRASSLEY’S10,000TH VOTE money. 99 counties—that is so hard for me to Mr. MCCONNELL. Mr. President, our Senator GRASSLEY has been a farmer, comprehend. The State of Nevada, as good friend from Iowa, Senator GRASS- a father, a government watchdog, a big as it is, only has 17 counties. Iowa LEY, has cast his 10,000th vote. Senator steward of the Nation’s finances; in has 99 counties, and he has visited GRASSLEY has been a distinguished short, he is a real statesman. The Sen- those counties every year at least once Member of this body for 29 years and, ate would not be the same without since he was first elected to the Sen- in my view, the Nation is always a lot him, and the Nation, I firmly believe, ate. better off when people are paying very would be a lot worse off without the re- CHUCK and Barbara, as Senator close attention to CHUCK GRASSLEY. markable service of CHUCK GRASSLEY. MCCONNELL has mentioned, are the Over the course of the past two cen- Senator, congratulations. parents of five children: Lee, Wendy, turies, nearly 2,000 men and women (Applause, Members rising.) Robin, Michele, and Jay. have served in the Senate. Fewer than The PRESIDING OFFICER. The ma- An accomplishment for sure—10,000 30 have cast more votes than CHUCK jority leader. votes cast in the U.S. Senate. It is a re- GRASSLEY. Only one other Senator Mr. REID. Mr. President, I join the markable accomplishment. But as I from Iowa has served longer. This year Republican leader in congratulating look at his record, I think one of his Senator GRASSLEY will mark 50 years CHUCK GRASSLEY, our friend, on casting greatest accomplishments is the fact of public service to the people of the his 10,000th vote. CHUCK was born in the that the Senator from Iowa will Hawkeye State. While some Members city of New Hartford—but not Con- achieve, this year, his 55th wedding an- of Congress have a tendency to lose necticut—Iowa, where he and his wife niversary with Barbara. touch with their constituents, Senator Barbara raised their five children. Congratulations, CHUCK. GRASSLEY has always worked hard to They reside there today. After grad- (Applause, Senators rising.) make sure he never did. He has made it uating Iowa State Teachers College, he The PRESIDING OFFICER. The Sen- his business to stay connected to the earned a doctorate from the University ator from Iowa. folks back home by holding at least of Iowa. Mr. HARKIN. Mr. President, I join one townhall meeting a year in all of I have referred to Senator GRASSLEY with the entire Senate family in con- Iowa’s 99 counties and by responding to on a number of occasions as CHUCK, gratulating my colleague, my good every letter, postcard, e-mail, and Senator, Hey You, but now Dr. GRASS- friend, and the senior Senator from phone call his office receives from LEY. Everyone should understand that. Iowa, on casting his 10,000th vote in the Iowans. CHUCK, in addition to his education Senate. This is a truly remarkable He also stays close to the land by excellence, worked as an assembly line milestone, but even more remarkable working his family farm, even while he laborer before he was elected to the is the fact that Senator GRASSLEY has keeps up with his duties in Wash- Iowa House of Representatives and cast nearly 6,000 votes without missing ington. CHUCK GRASSLEY may be a U.S. later to the United States Congress. He a vote. It has been 16 years since Sen- Senator, but he has always preferred to has been in the Senate since 1980. ator GRASSLEY has missed a vote. The be known as ‘‘a farmer from Butler CHUCK quickly became known as a last time he missed a vote, he had to be

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.029 S02APPT1 rfrederick on PROD1PC67 with SENATE S4252 CONGRESSIONAL RECORD — SENATE April 2, 2009 in Iowa during that terrible flooding ently we get together to go over mat- I have heard of other Senators having we had in 1993. So he has not missed a ters, minimize misunderstandings, and voted 10,000 or 12,000 times and I prob- vote since. It has been 16 years that so forth. Lately, the last couple, 3 ably did not stay around, and I prob- Senator GRASSLEY has not missed a years, the meetings have been in my ably have not earned what you have vote. office. I have a little bit bigger con- said about me because I did not pay I note for the record that Cal Ripken, ference room. That is not the real rea- that much attention to the rest of you the great shortstop and third baseman son, though. The real reason is, as who have gone before. So let me apolo- for the Baltimore Orioles, went 16 CHUCK always reminds me, in my office gize for that, and I will bet next time years without missing a game, and the coffee is free, so it is much better I will stay around. they called him the Iron Man. So now to meet in my office. So I am not flying under false colors, Senator GRASSLEY has gone 16 years All of you who know CHUCK know he I would like to say a couple things. One without missing a vote, so I guess now passes the airport test; that is, if you person spoke about my being a farmer, we can call him the Iron Man of the are ever stranded in an airport for 10 or and that is absolutely right. I am. But U.S. Senate. 12 hours and you are sitting next to I can tell you this, that when you get But the measure of a Senator is not somebody, you get to like the person or a 25-year-old grandson, grandfathers just how many votes he or she casts, it you do not get to like the person. are not as important in the farming op- also includes what he or she accom- CHUCK more than passes the airport eration as you would like to be. So I plishes off the floor of the Senate. That test. The more you get to know CHUCK consider myself now more of a hired is also where Senator GRASSLEY has GRASSLEY, the more you will like him. man for Robin Grassley and Pat Grass- truly distinguished himself in this It is his decency, his honesty. He is un- ley than I am a family farmer. But I body over the last 28 years. pretentious. It is his basic Iowa grass- still am a crop sharer with my son, and Count me as one of those who be- roots personality. It means so much to I market my own crops, and I am there lieves the executive branch of this Gov- me, in spending so much time with to help put the crop in when they need ernment has gotten too powerful, has him. The only time our meetings are me—and wish they needed me more— arrogated too much power to them- cut short, I might say, is when CHUCK and help get the crop out, and wish selves in relation to the legislative has to dash out and get on the radio they needed me more. So I do appre- branch. and talk to people back home in Iowa; ciate that. Mr. BYRD. Yes, yes. otherwise, CHUCK stays throughout the As much as I would like to be called Mr. HARKIN. And it is a power they meeting. The people in Iowa mean so Dr. GRASSLEY—you can get that im- flaunt. I do not care whether it is a much to him. pression maybe because I did do 2 years Democratic administration or a Repub- I might also say that we know how of graduate work beyond my master’s lican administration. I daresay no Sen- much he protects taxpayers’ interests. degree, but I did not quite finish it be- ator is more dedicated to providing It has been mentioned—whistleblower cause I was elected to the State legisla- rigourous, relentless oversight of exec- legislation, which he promotes so ag- ture and I never went back to the Uni- utive branch agencies—whether during gressively. He is also downright par- versity of Iowa to finish it, and I kind Republican administrations or Demo- simonious himself. He turns the bal- of regret that. But I did not get back. cratic administrations—than Senator ance of his office budget back to the Mr. REID. Will my friend yield? GRASSLEY. Senator GRASSLEY’s dedica- taxpayers. Every year, he returns a Mr. GRASSLEY. Yes, I will yield. tion to the oversight function has been good portion back to the taxpayers. He Mr. REID. I am sorry. That was exemplary, a model every Senator also, I might say, promotes ethanol for something that was prepared for me. ought to strive to emulate. several reasons. One, it is good for You always reminded me of having a CHUCK GRASSLEY and I have served Iowa. But he also contributes to the re- Ph.D. together in the Congress since we were duction of fossil fuel consumption. Anyway, here is the story. Somebody both elected the same year in 1974. We When he comes back home from plow- like you or me is going to go give a took our oaths of office on the same ing his field, he is on his tractor, and speech—and they give us these speech- day in the House in 1975. Of course, he he coasts downhill the last mile to save es, and we walk out and give them— preceded me to the Senate. He came to a few pennies of diesel fuel. He does. I and he is about halfway through his the Senate in 1981. I followed him here checked that out a short while ago. speech, and he comes to a page that is in 1985. Well, we belong to different Yes, he does that just to save a few blank, and he says: You are on your parties, but I like to think we share a pennies of diesel fuel. own, you SOB. So that is kind of like down-to-earth, commonsense Iowa way Anyway, I want to tell you how much this. I will check with my staff to of looking at the world. I value his I appreciate him. He is one of my very make sure they do not make a mistake friendship and his counsel. I have the best friends. like that again. highest respect for his work here in the I think the measure of a Senator (Laughter.) Senate and his work in Iowa on behalf really is whether he or she is popular Mr. GRASSLEY. Well, it is one of of all Iowans. in two different areas, with two dif- these cases where I passed the French So, again, I join my colleagues in ferent audiences. First is the people test, and I was ready to write a dis- congratulating my colleague, my back home—how popular is a Senator sertation, and I never quite got around friend, and the senior Senator from back home? The second is, how popular to it. Iowa on this remarkable milestone. is he or she with his or her colleagues? One other thing I would like to say (Applause, Senators rising.) There are two separate audiences. is, obviously, thank you for the rec- The PRESIDING OFFICER. The Sen- There are two separate criteria. Clear- ognition. I enjoy my job in the Senate ator from Montana is recognized. ly, CHUCK is popular in both areas. He very much. I guess if you vote 10,000 Mr. BAUCUS. Mr. President, I have is very popular in Iowa. The people of times, you are just doing what we are lined up to speak. So many of us want Iowa love him. The people, Members of paid to do. to congratulate the esteemed Senator the Senate love him. He is one heck of It is a wonderful experience serving from Iowa. I congratulate him on his a guy, and I just feel so honored to be here in the Senate. And I think I can 10,000th vote. able to serve with CHUCK on the Fi- say—as Senator BAUCUS has inferred, I Many of you know CHUCK and I get nance Committee, but also, more im- hope I am liked by everybody. I like together once a week. We started this portantly, he is a very good friend here every one of you. I do not know any of practice at least 8 or 9 years ago, and in the Senate. you who consider me an enemy. And if sometimes he is chairman, sometimes I So I congratulate you, CHUCK. you do, I do not want to know who you am chairman; chairman or ranking (Applause, Senators rising.) are. member, vice versa, back and forth. We The PRESIDING OFFICER. The Sen- (Laughter.) meet every Tuesday at 5 o’clock in the ator from Iowa. If you wonder why there is some em- afternoon, and we have done this for 8 Mr. GRASSLEY. Mr. President, do phasis upon voting, people in this coun- years. Maybe we have missed five or six you know what, so many of you stayed try are very cynical about those of us or seven times, but constantly, consist- around. I do not know how many times in elected office. I think: What can you

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If anybody town. objection, it is so ordered. wants to repeat the entire exercise of I heard that 30 years ago, and I made The motion is as follows: this week, the week we get back, I rec- up my mind that at least one way I was (1) Amend levels in the resolution as to re- ommend you vote for the Senator’s going to try to overcome that for poli- port back a resolution with an aggregate amendment. If you prefer to end this level of budget authority (and associated ticians generally was to make sure the outlays) for nondefense, nonveterans discre- today, I recommend you vote no. process of representive government tionary accounts for fiscal year 2010 at the The PRESIDING OFFICER. The works. So when I was elected to the level enacted for fiscal year 2009 level, in- question is on agreeing to the motion. Senate, it was not something I prom- creased by the rate of inflation for 2010 as The yeas and nays have been ordered. ised the people of Iowa, it was just projected by the Congressional Budget Of- The clerk will call the roll. something I promised myself: that I am fice. The legislative clerk proceeded to going to go to every county every year (2) Amend spending levels in the resolution call the roll. to hold at least one town meeting so so as to report back a resolution with aggregate spending levels for discretionary non- The PRESIDING OFFICER. Are there that person who was griping about only defense, nonveterans spending for each sub- any other Senators in the Chamber de- seeing a politician at election time sequent fiscal year in the budget window so siring to vote? could not say that about CHUCK GRASS- as not to exceed the immediately previous Mr. DURBIN. I announce that the LEY, and I hope in the process it has fiscal year spending level for discretionary Senator from Massachusetts (Mr. KEN- raised the respect people have for those nondefense, nonveterans spending, increased NEDY) is necessarily absent. of us who are elected. by the rate of inflation for the applicable The result was announced—yeas 43, The other thing about voting as often year as projected by the Congressional Budg- nays 55, as follows: as I do here in the Senate, it is an op- et Office. The PRESIDING OFFICER. There is [Rollcall Vote No. 132 Leg.] portunity to let people know when you YEAS—43 are in session, you are here working. 2 minutes equally divided on the mo- And when we are not in session, I am tion. Alexander DeMint McConnell Mr. JOHANNS. Mr. President, the Barrasso Ensign Murkowski back in Iowa with my people. It is an Bayh Enzi budget before us increases nondefense Nelson (NE) opportunity to kind of quantify what Bennett Graham Risch our job is all about and to get over this discretionary spending by $42 billion Bond Grassley Roberts Brownback Gregg business of people who, I think, think over last year’s levels. Sessions Here is what my motion does. It Bunning Hatch Shelby we are only here in Washington sitting Burr Hutchison Snowe would limit the overall increase in the Chambliss Inhofe around with our feet up on our desk Specter budget to CBO’s projected rate of infla- Coburn Isakson Thune waiting to take a phone call from Cochran Johanns tion for nondefense, nonveterans spend- Vitter somebody—that we are actually doing Collins Kyl ing. This motion will save $36 billion in Voinovich something. This is one way—maybe a Corker Lugar 2010 and $194 billion over the 5-year Wicker very elementary way, but sometimes Cornyn Martinez budget window. Crapo McCain that is the way you have to explain My motion only affects aggregate NAYS—55 government to the American people— spending so it allows some programs to Akaka Gillibrand Murray that we are on the job, doing our job, be larger than the rate of inflation; and when we are not here, we are at Baucus Hagan Nelson (FL) thus, any claim that it is unfair to one Begich Harkin home making the process of represent- Pryor particular group would be inaccurate. Bennet Inouye Reed ative government work. The motion allows the committee to Bingaman Johnson Reid So I very much appreciate the kind Boxer Kaufman Rockefeller take a scalpel to the budget, which is words that have been said. And I did Brown Kerry Sanders exactly what the President called for. Burris Klobuchar Schumer not record them, but if I did, I would Byrd Kohl If not, our country continues to be in a Shaheen Cantwell Landrieu play them back during election time. Stabenow dire situation. This helps deal with the Cardin Lautenberg Thank you very much for the honor. Tester spending piece of this. Carper Leahy I would yield to the Senator—oh, the Udall (CO) This motion will allow us to take a Casey Levin Senator from Illinois said something Udall (NM) step back from bloated spending and Conrad Lieberman nice about me one time, and I did use Dodd Lincoln Warner step forward to fiscal responsibility. Webb it in my literature. And some people of Dorgan McCaskill The PRESIDING OFFICER. The Sen- Durbin Menendez Whitehouse his party got on him: Why are you ator’s time has expired. Feingold Merkley Wyden doing that? Mr. JOHANNS. I urge my colleagues Feinstein Mikulski Well, I think he said: It was true. to vote yes and I ask for the yeas and NOT VOTING—1 And he came to me one time and he nays. Kennedy said: Will you say something nice The PRESIDING OFFICER. Is there a about me? I could put it in my lit- sufficient second? The motion was rejected. erature. There appears to be a sufficient sec- Mr. CONRAD. Mr. President, I move And I gave him a slip of paper that ond. to reconsider the vote. said: He is not as bad as you think he The yeas and nays were ordered. Mrs. FEINSTEIN. I move to lay that is. The PRESIDING OFFICER. Who motion on the table. I yield the floor. yields time in opposition? The motion to lay on the table was (Applause, Senators rising.) The Senator from North Dakota. agreed to. The PRESIDING OFFICER. The Sen- Mr. CONRAD. Mr. President, in more Mr. CONRAD. Mr. President, I want ator from Nebraska. normal times, this is an amendment I to inform colleagues that when I said MOTION TO RECOMMIT might well support, but these are not earlier we had 100 amendments pend- Mr. JOHANNS. Mr. President, I have normal times. We are faced with the ing, I was half right. That was last at the desk a motion, and I would ask steepest economic decline since the night. As of now, we have over 230 for its immediate consideration. Great Depression. The underlying amendments pending. If you divide 230 The PRESIDING OFFICER. The budget mark already cuts nondefense by 3, that is almost 80 hours—about 76, clerk will report the motion. discretionary spending by more than 77 hours. That would mean we would be The bill clerk read as follows: $160 billion. This would cut another here all day today, tomorrow, and all The Senator from Nebraska [Mr. JOHANNS] $120 billion, much of it front end load- day Saturday. If everybody sticks to moves to recommit S. Con. Res. 13 to the ed, at the worst possible time for eco- their amendment, that is what is going Committee on the Budget with instructions nomic recovery. to happen.

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.030 S02APPT1 rfrederick on PROD1PC67 with SENATE S4254 CONGRESSIONAL RECORD — SENATE April 2, 2009 I hope people in the calmness of the SEC. 2ll. DEFICIT NEUTRAL RESERVE FUND TO This is a serious amendment, which I moment will think about other op- PROVIDE FOR ACCELERATED CAR- hope will survive conference. I am glad BON CAPTURE AND STORAGE AND tions. No. 1, if you will accept a voice ADVANCED CLEAN COAL POWER to have it accepted. It deals with the vote—Senator GREGG and I are trying GENERATION RESEARCH, DEVELOP- tax treatment of charitable contribu- to work things out on amendments MENT, DEMONSTRATION, AND DE- tions. I am happy to have it accepted that could be accepted. If not, if you PLOYMENT. by the other side so that the Senate is (a) IN GENERAL.—Subject to subsection (b), would withhold until there is another the Chairman of the Committee on the Budg- on record saying they want the Presi- vehicle—and there will be a lot of vehi- et of the Senate may revise the allocations, dent’s budget not to change the tax cles this year. Really, we have been aggregates, and other levels and limits in treatment of charitable contributions. doing this for a lot of years. Amend- this resolution by the amounts provided by a The PRESIDING OFFICER. The Sen- ments have sprouted here. I hope peo- bill, joint resolution, amendment, motion, or ator from North Dakota is recognized. ple will think: Do we want to do this conference report that would accelerate the Mr. CONRAD. Mr. President, I yield for 3 days straight? research, development, demonstration, and time to the Senator from Montana. deployment of advanced technologies to cap- Mr. BAUCUS. Mr. President, the Ben- AMENDMENTS NOS. 759, 799, 949, 755, AND 808 ture and store carbon dioxide emissions from nett amendment would express the im- We have an agreement to take sev- coal-fired power plants and other industrial emission sources and to use coal in an envi- portance of taxpayers’ ability to take eral amendments here by unanimous ronmentally acceptable manner. deductions for contributions to char- consent. They are: Bennett No. 759; (b) DEFICIT NEUTRALITY.—Subsection (a) ity. It is also important to recognize Bennet No. 799; Democratic side-by- applies only if the legislation described in that this amendment is not incon- side to Vitter; Casey No. 755, and subsection (a) would not increase the deficit sistent with either current law or the Brown No. 808. I ask unanimous con- over the period of the total of fiscal years President’s budget. sent that these amendments be agreed 2009 through 2014 or the period of the total of This amendment is also consistent to. fiscal years 2009 through 2019. with the votes that we took last week AMENDMENT NO. 808 The PRESIDING OFFICER. Without when we affirmed our support for char- (Purpose: To provide for legislation that re- objection, it is so ordered. itable contributions. moves Social Security numbers from Medi- I urge the Senate to adopt the The amendments are as follows: care cards and to pay for such legislation by reducing waste, fraud, and abuse in amendment. AMENDMENT NO. 759 other federal programs) AMENDMENT NO. 949 (Purpose: To prohibit changing current tax On page 20, line 24, increase the amount by Mr. CONRAD. Mr. President, on an laws for charitable contribution tax deduc- $5,000,000. amendment that we just adopted by tions to pay for modernizing the health On page 20, line 25, increase the amount by voice vote, the Reed amendment No. care system) $5,000,000. 949, there is a misunderstanding. There On page 21, line 3, increase the amount by On page 31, line 9, after ‘‘purposes,’’ insert was not unanimous consent. So I think $10,000,000. ‘‘provided that such legislation would not re- On page 21, line 4, increase the amount by in fairness we ought to go back to that sult in diminishing a taxpayers’ ability to $10,000,000. amendment and have Senator REED deduct charitable contributions as an offset On page 21, line 7, increase the amount by offer it. to pay for such purposes, and’’, $10,000,000. I ask unanimous consent to vitiate AMENDMENT NO. 799 On page 21, line 8, increase the amount by the adoption of the Reed amendment $10,000,000. (Purpose: To establish a deficit-neutral re- No. 949. On page 27, line 23, decrease the amount by The PRESIDING OFFICER. Without serve fund to address the systemic inequi- $5,000,000. ties of Medicare and Medicaid reimburse- On page 27, line 24, decrease the amount by objection, it is so ordered. ment that lead to access problems in rural $5,000,000. Mr. CONRAD. That would be the areas, including access to primary care and On page 28, line 2, decrease the amount by pending amendment, No. 949, and Sen- outpatient services, hospitals, and an ade- $10,000,000. ator REED would be recognized to offer quate supply of providers in the workforce) On page 28, line 3, decrease the amount by the amendment. $10,000,000. At the appropriate place in title II, insert The PRESIDING OFFICER. The Sen- On page 28, line 6, decrease the amount by ator from Rhode Island. the following: $10,000,000. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO On page 28, line 7, decrease the amount by Mr. REED. Mr. President, my amend- ADDRESS THE SYSTEMIC INEQUI- $10,000,000. ment would focus on the issue I think TIES OF MEDICARE AND MEDICAID Mr. CONRAD. Mr. President, I want we are all concerned about, and it REIMBURSEMENT THAT LEAD TO would be a counterpoint to Senator ACCESS PROBLEMS IN RURAL to make it clear that the side by side AREAS. to the Vitter amendment we approved VITTER’s amendment, and that would be the administration of the Troubled The Chairman of the Senate Committee on by voice vote is No. 949. the Budget may revise the allocations of a With that, the next amendment up is Asset Relieve Program. My amendment committee or committees, aggregates, and the Vitter—I suggest the absence of a would create a reserve fund, which other appropriate levels and limits in this quorum. would focus the remaining resources in resolution for one or more bills, joint resolu- The PRESIDING OFFICER. The the TARP fund on supporting small tions, amendments, motions, or conference clerk will call the roll. businesses, saving homeowners from reports that would address the systemic in- The legislative clerk proceeded to foreclosure, helping the bond market, equities of Medicare and Medicaid reim- call the roll. and making credit more widely avail- bursement that lead to access problems in able. It would also strengthen the over- rural areas, including access to primary care Mr. CONRAD. Mr. President, I ask and outpatient services, hospitals, and an unanimous consent that the order for sight entities, the Special Inspector adequate supply of providers in the work- the quorum call be rescinded. General, the Congressional Oversight force, by the amounts provided in such legis- The PRESIDING OFFICER. Without Panel, and the Government Account- lation for those purposes, provided that such objection, it is so ordered. ability Office. legislation would not increase the deficit Mr. CONRAD. Mr. President, on the Senator VITTER’s amendment pur- over either the period of the total of fiscal Bennett amendment No. 759, Senator ports to take back the money by strik- years 2009 through 2014 or the period of the BENNETT of Utah wishes to be recog- ing certain functions, such as function total of fiscal years 2009 through 2019. nized for a brief statement. 370. But that function also has the AMENDMENT NO. 755 The PRESIDING OFFICER. The Sen- funding for the FHA, the Rural Hous- (Purpose: To establish a deficit-neutral re- ator from Utah is recognized. ing Program, and the Small Business serve fund to provide for accelerated car- Mr. BENNETT. Mr. President, I un- Administration. In effect, we will not bon capture and storage and advanced derstand from the distinguished Budget be taking away the TARP money, we clean coal power generation research, de- Committee chairman that they have will be challenging these other pro- velopment, demonstration, and deploy- accepted this amendment by unani- grams to find funds. ment) mous consent. Therefore, I congratu- I urge adoption of my amendment At the appropriate place in title II, insert late them on their wisdom and thank and the rejection of Senator VITTER’s the following: them. amendment.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.042 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4255 The PRESIDING OFFICER. Has the The result was announced—yeas 56, the Bennett, the Democratic side by Senator offered the amendment? nays 42, as follows: side to Enzi, and the Enzi. Mr. REED. Mr. President, I offer it at [Rollcall Vote No. 133 Leg.] The PRESIDING OFFICER. The Sen- this time. YEAS—-56 ator from North Dakota. The PRESIDING OFFICER. The Akaka Gillibrand Murray Mr. CONRAD. Mr. President, I alter clerk will report. Baucus Hagan Nelson (FL) the unanimous consent request so that The legislative clerk read as follows: Bayh Harkin Pryor the last four amendments in that re- The Senator from Rhode Island (Mr. REED) Begich Inouye Reed quest not be included. I also want to Bennet Johnson proposes an amendment numbered 949. Reid clarify that Brownback is No. 840. Bingaman Kaufman Rockefeller The amendment is as follows: Boxer Kerry Sanders The PRESIDING OFFICER (Mr. (Purpose: To provide for the expenditure of Brown Klobuchar Schumer BROWN). Is there objection? Burris Kohl the remaining Troubled Asset Relief Pro- Shaheen Mr. GREGG. Reserving the right to Byrd Landrieu Stabenow gram funds for the benefit of consumers) Cantwell Lautenberg object, the wrong number was an- Tester At the appropriate place, insert the fol- Cardin Leahy nounced on Brownback. The number is Udall (CO) lowing: Carper Levin 840. Casey Lieberman Udall (NM) SEC. lll. EXPENDITURE OF REMAINING TARP Voinovich Mr. CONRAD. That is what I just did. FUNDS. Conrad Lincoln Dodd McCaskill Warner The PRESIDING OFFICER. Without The Chairman of the Senate Committee on Dorgan Menendez Webb objection, it is so ordered. the Budget may revise the allocations of a Durbin Merkley Whitehouse The Senator from Louisiana is recog- committee or committees, aggregates, and Feinstein Mikulski Wyden other appropriate levels and limits in this nized. NAYS—42 resolution for one or more bills, joint resolu- AMENDMENT NO. 787 tions, amendments, motions, or conference Alexander DeMint Martinez Mr. VITTER. Mr. President, I now reports that reaffirm that the remaining Barrasso Ensign McCain present the Vitter amendment. It is Troubled Asset Relief Program funds shall be Bennett Enzi McConnell Bond Feingold Murkowski very simple. It says that the Troubled used to save homes, save small businesses, Brownback Graham Nelson (NE) help the municipal bond market, make cred- Asset Relief Program, TARP, will actu- Bunning Grassley Risch ally be about troubled asset relief. It it more widely available, and provide addi- Burr Gregg Roberts tional resources for the Special Inspector Chambliss Hatch Sessions returns the other money not reserved General for the Troubled Asset Relief Pro- Coburn Hutchison Shelby for troubled asset relief to the Treas- gram, the Congressional Oversight Panel, Cochran Inhofe Snowe ury for debt reduction, $136 billion of and the Government Accountability Office Collins Isakson Specter Corker Johanns Thune debt reduction. for vigorous audit and evaluation of all ex- Cornyn Kyl Vitter I reserve the remainder of my time. penditures and commitments made under the Crapo Lugar Wicker The PRESIDING OFFICER. Has the Troubled Asset Relief Program, by the Senator offered the amendment? amounts provided in that legislation for NOT VOTING—1 those purposes, provided that such legisla- Kennedy Mr. VITTER. I offer the amendment at this point. tion would not increase the deficit over ei- The amendment (No. 949) was agreed ther the period of the total of fiscal years The PRESIDING OFFICER. The 2009 through 2014 or the period of the total of to. clerk will report. fiscal years 2009 through 2019. Mr. CONRAD. Mr. President, I have a The legislative clerk read as follows: unanimous consent request that I wish The PRESIDING OFFICER. Who The Senator from Louisiana [Mr. VITTER] to propound on the next group of yields time in opposition? proposes an amendment numbered 787. amendments before we go to the Vitter The Senator from Louisiana is recog- The amendment is as follows: nized. amendment. I ask unanimous consent that the fol- (Purpose: To end $272 billion in spending on Mr. VITTER. Mr. President, next bailouts under TARP and reduce record after this amendment is my amend- lowing group of amendments be the deficits and levels of debt) next to be considered; that the provi- ment. It would return TARP funds not On page 4, line 13, decrease the amount by already out the door, except for the sions of the previous order regarding $116,626,400,000. $100 billion set aside for buying toxic debate time, vote time, and budget On page 4, line 14, decrease the amount by assets, which is exactly what TARP points of order remain in effect for the $23,103,200,000. was supposed to be about. But it ends duration of consideration of amend- On page 4, line 15, decrease the amount by ments to the budget resolution; and $4,939,200,000. everything else and invites the Obama On page 4, line 16, decrease the amount by administration to come back to us re- that the amendments be considered in the order listed. This is the order pro- $7,053,600,000. garding other programs. On page 4, line 17, decrease the amount by The Reed amendment reaffirms posed: Senator Hutchison amendment $9,575,200,000. TARP as it has been executed. So if No. 866; Menendez amendment No. 921; On page 4, line 18 decrease the amount by you like everything that has been done Coburn amendment No. 895; Brownback $12,156,800,000. under TARP and how it has been done, amendment No. 841; Graham amend- On page 4, line 22, decrease the amount by that model and program changing ment No. 898; Boxer amendment No. $116,626,400,000. On page 4, line 23, decrease the amount by every other week, vote for the Reed 953; Reid amendment No. 730; Hutchison amendment No. 868; Snowe $23,103,200,000. amendment and reaffirm TARP as it is. On page 4, line 24, decrease the amount by If you think a change and focus needs amendment No. 773; Senators Murray $4,939,200,000. to be brought to TARP, vote for the and Bond amendment No. 880; Thune On page 4, line 25 decrease the amount by Vitter amendment, which is next. amendment No. 803; Barrasso-Wyden—I $7,053,600,000. The PRESIDING OFFICER. All time do not have a number on that amend- On page 5, line 1, decrease the amount by has expired. The question is on agreement; a Democratic side by side to $9,575,200,000. Bennett of Utah on spending stimulus; On page 5, line 2, decrease the amount by ing to amendment No. 949. $12,156,800,000. Mr. REED. Mr. President, I ask for Bennett of Utah amendment No. 954; a Democratic side by side to the Enzi On page 5, line 6, decrease the amount by the yeas and nays. $116,626,400,000. The PRESIDING OFFICER. Is there a trigger; Enzi No. 824; Conrad or his des- On page 5, line 7, decrease the amount by sufficient second? ignee side by side on AMT; and Grass- $23,103,200,000. There is a sufficient second. ley on AMT. On page 5, line 8, decrease the amount by The clerk will call the roll. The PRESIDING OFFICER. Is there $4,939,200,000. The bill clerk called the roll. objection? On page 5, line 9, decrease the amount by Mr. DURBIN. I announce that the Mr. GREGG. Reserving the right to $7,053,600,000. On page 5, line 10, decrease the amount by Senator from Massachusetts (Mr. KEN- object, we do not have copies of the $9,575,200,000. NEDY) is necessarily absent. side by sides. I suggest we hold those On page 5, line 11, decrease the amount by The PRESIDING OFFICER. Are there four that are involved until we get a $12,156,800,000. any other Senators in the Chamber de- copy of the side by sides. That would be On page 5, line 16, decrease the amount by siring to vote? the Democratic side by side to Bennett, $116,626,400,000.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.043 S02APPT1 rfrederick on PROD1PC67 with SENATE S4256 CONGRESSIONAL RECORD — SENATE April 2, 2009 On page 5, line 17, decrease the amount by The PRESIDING OFFICER. The Sen- Mr. GRAHAM. I call up amendment $139,729,600,000. ator from Louisiana has 35 seconds. No. 910. On page 5, line 18, decrease the amount by Mr. VITTER. Mr. President, the pro- Mr. GREGG. Will the Senator allow $144,668,800,000. On page 5, line 19, decrease the amount by gram which Secretary Geithner has ac- us to do a unanimous consent? $151,722,400,000. tually announced about toxic assets is Mr. GRAHAM. I will. On page 5, line 20, decrease the amount by protected even under my amendment. AMENDMENTS NOS. 892 AND 893 $161,297,600,000. What my amendment says is that we Mr. CONRAD. Mr. President, I ask On page 5, line 21, decrease the amount by are not any longer going to allow the unanimous consent that the Coburn $173,454,400,000. Treasury to do other things on an ad amendment No. 892 and Coburn amend- On page 5, line 24, decrease the amount by hoc basis, making it up as they go $116,626,400,000. ment No. 893 be accepted. On page 5, line 25, decrease the amount by along every week. The PRESIDING OFFICER. Is there $139,729,600,000. In the process, we would reduce the objection? On page 6, line 1, decrease the amount by debt of this country by at least $136 bil- Mr. CONRAD. No objection. $144,668,800,000. lion under this amendment. I urge sup- The PRESIDING OFFICER. Without On page 6, line 2, decrease the amount by port for the amendment. objection, it is so ordered. $151,722,400,000. The PRESIDING OFFICER. The Sen- The amendments (No. 892 and No. 893) On page 6, line 3, decrease the amount by ator’s time has expired. $161,297,600,000. were agreed to, as follows: Mr. GREGG. Mr. President, I ask for On page 6, line 4, decrease the amount by AMENDMENT NO. 892 $173,454,400,000. the yeas and nays. The PRESIDING OFFICER. Is there a (Purpose: To end bogus bonuses awarded to On page 15, line 17, decrease the amount by contractors and government executives re- $116,000,000,000 sufficient second? sponsible for over budget projects and pro- On page 15, line 18, decrease the amount by There appears to be a sufficient sec- grams that fail to meet basic performance $116,000,000,000. ond. requirements) On page 15, line 21, decrease the amount by The question is on agreeing to $20,000,0000,000. On page 49, between lines 3 and 4, insert On page 15, line 22, decrease the amount by amendment No. 787. the following: $20,000,000,000. The clerk will call the roll. SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR On page 26, line 20, decrease the amount by The legislative clerk proceeded to PROHIBITING UNDESERVED CON- $626,400,000. call the roll. TRACTING PERFORMANCE BO- On page 26, line 21, decrease the amount by Mr. DURBIN. I announce that the NUSES. The Chairman of the Senate Committee on $626,400,000. Senator from Massachusetts (Mr. KEN- On page 26, line 24, decrease the amount by the Budget may revise the allocations of a NEDY) is necessarily absent. $3,103,200,000. committee or committees, aggregates, and On page 26, line 25, decrease the amount by The result was announced—yeas 28, other appropriate levels and limits in this $3,103,200,000. nays 70, as follows: resolution for one or more bills, joint resolu- On page 27, line 3, decrease the amount by [Rollcall Vote No. 134 Leg.] tions, amendments, motions, or conference $4,939,200,000. YEAS—28 reports that would prohibit federally funded On page 27, line 4, decrease the amount by bonuses awarded to contractors and govern- Barrasso DeMint Nelson (NE) $4,939,200,000. Bennett Ensign Risch ment executives responsible for over budget On page 27, line 7, decrease the amount by Bond Enzi Sessions projects and programs that fail to meet basic $7,053,600,000. Brownback Feingold Shelby performance requirements, by the amounts On page 27, line 8, decrease the amount by Bunning Grassley Specter provided in that legislation for that purpose, $7,053,600,000. Burr Hutchison Thune provided that such legislation would not in- On page 27, line 11, decrease the amount by Coburn Inhofe Vitter crease the deficit over either the period of $9,575,200,000. Collins Johanns Wicker the total of fiscal years 2009 through 2014 or On page 25, line 12, decrease the amount by Cornyn McCain Crapo Murkowski the period of the total of fiscal years 2010 $9,575,200,000. through 2019. On page 27, line 15, decrease the amount by NAYS—70 AMENDMENT NO. 893 $12,156,800,000. Akaka Graham Merkley (Purpose: to support President Obama in his On page 27, line 16, decrease the amount by Alexander Gregg Mikulski $12,156,800,000. Baucus Hagan Murray effort to go line by line through the Fed- Mr. VITTER. I reserve the remainder Bayh Harkin Nelson (FL) eral Budget in order to help him eliminate Begich Hatch Pryor wasteful, inefficient, and duplicative proof my time. Bennet Inouye grams) The PRESIDING OFFICER. The Sen- Reed Bingaman Isakson Reid On page 49, between lines 3 and 4, insert ator from North Dakota. Boxer Johnson Roberts Brown Kaufman the following: Mr. CONRAD. Mr. President, I yield Rockefeller Burris Kerry SEC. ll. DEFICIT-REDUCTION RESERVE FUND Sanders time in opposition to Senator REED of Byrd Klobuchar TO ENSURE THE PLEDGE OF PRESI- Schumer Rhode Island. Cantwell Kohl DENT OBAMA TO ELIMINATE WASTE- The PRESIDING OFFICER. The sen- Cardin Kyl Shaheen FUL, INEFFICIENT, AND DUPLICA- Snowe ior Senator from Rhode Island is recog- Carper Landrieu TIVE PROGRAMS. Casey Lautenberg Stabenow The Chairman of the Senate Committee on nized. Tester Chambliss Leahy the Budget may revise the allocations of a Udall (CO) Mr. REED. Mr. President, the Reed Cochran Levin committee or committees, aggregates, and amendment, which we just adopted, fo- Conrad Lieberman Udall (NM) Corker Lincoln Voinovich other appropriate levels and limits in this cuses the remaining TARP funds on Dodd Lugar Warner resolution for one or more bills, joint resolu- functions that are critical to the eco- Dorgan Martinez Webb tions, amendments, motions, or conference nomic progress of the country—keep- Durbin McCaskill Whitehouse reports that achieves savings by going ing people in homes, providing help for Feinstein McConnell Wyden through the Federal Budget line by line, as Gillibrand Menendez small business, supporting the tradi- President Obama has called for, to eliminate tional bond market, making credit NOT VOTING—1 wasteful, inefficient, and duplicative spend- Kennedy ing by requiring— more widely available. The restriction (1) the head of every department and agen- of these funds proposed by Senator The amendment (No. 787) was re- cy to provide a report to Congress within 90 VITTER will undercut these objectives. jected. days after the date of enactment of this reso- In addition, the Reed amendment has Mr. LEAHY. Mr. President, I move to lution on programs that are duplicative, in- strengthened the oversight responsibil- reconsider the vote. efficient, or failing, with recommendations ities. Mrs. MURRAY. I move to lay that for elimination and consolidation of these Secretary Geithner has just an- motion on the table. programs, nounced a program that will focus on The motion to lay on the table was (2) the Office of Management and Budget to these toxic assets. Keeping these TARP provide a report to Congress within 90 days agreed to. after the date of enactment of this resolu- funds, I believe, will give the Treasury The PRESIDING OFFICER. Without tion on programs that are duplicative gov- the flexibility to make that program objection, it is so ordered. ernment-wide, with recommendations for work more effectively, and I oppose the The senior Senator from South Caro- elimination or consolidation of these pro- Vitter amendment. lina is recognized. grams, and

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.036 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4257 (3) every standing committee of the Senate (2) WIDESPREAD APPLICABILITY.—The term Ms. LANDRIEU. Mr. President, this to conduct at least one oversight hearing ‘‘widespread applicability’’ includes the defi- amendment seeks to establish a def- each fiscal year in order to identify wasteful, nition with respect to individual income tax- icit-neutral reserve fund based on the payers in section 4022(b)(1) of the Internal inefficient, outdated, and duplicative pro- current law supporting revenue sharing grams that could be eliminated and consoli- Revenue Service Restructuring and Reform dated, Act of 1998. for coastal States contributions to the by the amounts provided in such legislation (3) NATIONAL ENERGY TAX INCREASE.—The Land and Water Conservation Fund for those purposes, provided that such legis- term ‘‘National energy tax increase’’ means and a fund for innovative energy tech- any legislation that the Congressional Budg- lation would not increase the deficit over ei- nology. et Office would score as leading to an in- ther the period of the total of fiscal years It would save up to, which is the cur- crease in the costs of producing, generating 2009 through 2014 or the period of the total of rent law today, which 26 Senators or consuming energy. fiscal years 2009 through 2019. voted on, up to 50 percent which can be The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- set aside from future oil and gas reve- ator from North Dakota is recognized. ator from North Dakota is recognized. Mr. CONRAD. Mr. President, it is my nues for revenue sharing for coastal Mr. CONRAD. Mr. President, I thank intention to vote for this amendment. I States for the Land and Water Con- Senator COBURN for his courtesy and ask the Senator from South Carolina, servation Fund and for funds to be cre- say he has set a very good example for would the Senator from South Caro- ated to invest in alternative energy other Members, a very good example. lina, in a moment of comity and weak- technologies. The PRESIDING OFFICER. The Sen- ness, be willing to accept a voice vote? This is something that has been de- ator from South Carolina is recognized. Mr. GRAHAM. No. bated in the Senate but has been broad- AMENDMENT NO. 910 Mr. CONRAD. I thought that might ly supported by Republicans and Demo- Mr. GRAHAM. Mr. President, since I be the answer. All right. My intention crats. There has been some opposition. am not a squish like Senator COBURN, I is to vote for the amendment, and I ask I suspect there may be some today. But am going to go ahead. for the yeas and nays. there has been broad bipartisan sup- My amendment is straightforward. The PRESIDING OFFICER. Is there a port for revenue sharing for coastal This amendment creates a budget point sufficient second? There is a sufficient States contributions to the Land and of order on legislation that increases second. Water Conservation Fund and alter- the cost of energy for middle-class fam- The question is on agreeing to the native energy sources. ilies. Why are we doing this? The cli- amendment. The clerk will call the This does not change the current law, mate change proposal that was in the roll. it does not direct drilling anywhere in President’s budget would create a mas- The legislative clerk called the roll. the country that does not already sive tax increase on anybody who uses Mr. DURBIN. I announce that the exist. That is the essence of the amend- energy, and that would be every Amer- Senator from Massachusetts (Mr. KEN- ment I offer with myself and Senator ican middle-class family, which al- NEDY) is necessarily absent. BEGICH from Alaska. ready has a tough time getting by. The result was announced—yeas 65, The PRESIDING OFFICER. The This would be a point of order against nays 33, as follows: clerk will report the amendment. any bill that would raise the cost of en- [Rollcall Vote No. 135 Leg.] The legislative clerk read as follows: ergy on our middle-class families who YEAS—65 The Senator from Louisiana [Ms. are struggling to get by. Alexander DeMint McCain LANDRIEU], for herself and Mr. BEGICH, offers I ask the Senate to rally around this Barrasso Dorgan McCaskill an amendment numbered 931, as modified. concept. We can deal with climate Baucus Ensign McConnell Mr. GREGG. I ask unanimous con- Bayh Enzi Murkowski change without passing a $3,000-per- Begich Feingold Murray sent that the reading of the amend- household energy tax on the families of Bennet Graham Nelson (FL) ment be dispensed with. America who are having a hard time Bennett Grassley Nelson (NE) The PRESIDING OFFICER. Without Bond Gregg Pryor paying their bills. Brownback Hagan objection, it is so ordered. Risch The PRESIDING OFFICER. Is the Bunning Hatch The amendment, as modified, is as Roberts Burr Hutchison Senator from South Carolina offering Sessions follows: the amendment? Byrd Inhofe At the appropriate place in title II, insert Cantwell Isakson Shelby Mr. GRAHAM. Yes. I am sorry. I Casey Johanns Snowe the following: thought we had done that. Everything Chambliss Johnson Specter SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND I said still goes. Coburn Klobuchar Tester FOR OUTER CONTINENTAL SHELF The PRESIDING OFFICER. The Cochran Kohl Thune OIL AND NATURAL GAS LEASING Collins Kyl Vitter REVENUES. clerk will report the amendment. Conrad Landrieu Voinovich (a) IN GENERAL.—Subject to subsection (b), The legislative clerk read as follows: Corker Lincoln Webb the Chairman of the Committee on the Budg- The Senator from South Carolina [Mr. Cornyn Lugar Wicker et of the Senate may revise the allocations, Crapo Martinez Wyden GRAHAM] proposes an amendment numbered aggregates, and other levels in this resolu- 910. NAYS—33 tion by the amounts provided by a bill, joint The amendment is as follows: Akaka Harkin Reed resolution, amendment, motion, or con- (Purpose: To protect middle-income Bingaman Inouye Reid ference report that would provide that up to taxpayers from a national energy tax) Boxer Kaufman Rockefeller 50 perecent of any revenues collected by the Brown Kerry Sanders United States from oil and natural gas leases On page 68, after line 4, insert the fol- Burris Lautenberg Schumer in the outer Continental Shelf shall be— lowing: Cardin Leahy Shaheen (1) distributed among coastal energy pro- l Carper Levin Stabenow SEC. . POINT OF ORDER AGAINST LEGISLATION ducing States; and/or THAT IMPOSES A NATIONAL ENERGY Dodd Lieberman Udall (CO) TAX ON MIDDLE-INCOME TAX- Durbin Menendez Udall (NM) (2) allocated for— PAYERS. Feinstein Merkley Warner (A) the conduct of innovative alternative (a) IN GENERAL.—After a concurrent reso- Gillibrand Mikulski Whitehouse energy research; and lution on the budget is agreed to, it shall not NOT VOTING—1 (B) supporting parks and wildlife. be in order in the senate to consider any bill, (b) DEFICIT NEUTRALITY.—Subsection (a) Kennedy resolution, amendment between Houses, mo- applies only if the legislation described in tion, or conference report that includes a Na- The amendment (no. 910) was agreed subsection (a) would not increase the deficit tional energy tax increase which would have to. over the period of the total of fiscal years widespread applicability on middle-income Mr. BOND. Mr. President, I move to 2009 through 2014 or the period of the total of taxpayers. reconsider the vote and lay that mo- fiscal years 2009 through 2019. (b) DEFINITIONS.—In this subsection: tion on the table. The PRESIDING OFFICER. The Sen- (1) MIDDLE INCOME TAXPAYERS.—The term The motion to lay on the table was ator from Montana. ‘‘middle-income’’ taxpayers means single in- agreed to. Mr. BAUCUS. Mr. President, this is dividuals with $200,000 or less in adjusted gross income (as defined in section 62 of the AMENDMENT NO. 931, AS MODIFIED not an insignificant amendment. It is Internal Revenue Code of 1986) and married Mr. CONRAD. Mr. President, the next not small change. It has very signifi- couples filing jointly with $250,000 or less in amendment is the Landrieu amend- cant consequences to all States. A very adjusted gross income (as so defined). ment with 2 minutes equally divided. small number of States, a handful, will

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.038 S02APPT1 rfrederick on PROD1PC67 with SENATE S4258 CONGRESSIONAL RECORD — SENATE April 2, 2009 get a big windfall. All of the rest of the NOT VOTING—2 Mr. CONRAD. No. 788. States will have money otherwise Kennedy Sessions Mr. GREGG. Mr. President, I ask raised from OCS—raised from revenues The amendment (No. 931), as modi- unanimous consent that they be agreed from mineral leasing royalties not go fied, was rejected. to. to them at all. CHANGE OF VOTE Mr. CONRAD. Mr. President, I ask Currently, revenue goes to all 50 The PRESIDING OFFICER. The Sen- unanimous consent that those four States. There is a small carving out for ator from North Dakota. amendments be agreed to. some of the coastal States and Florida. Mr. CONRAD. Mr. President, Senator The PRESIDING OFFICER. Is there This amendment says: All the revenue objection? ROBERTS has a unanimous consent re- raised, all the coastal revenue goes to quest on a change of vote. Mr. BUNNING. What are the four only those few coastal States, which The PRESIDING OFFICER. The Sen- amendments, please? means revenue would not go to the ator from Kansas. Mr. CONRAD. Menendez No. 921, other States that benefit currently Mr. ROBERTS. I thank the distin- Coburn No. 895, Murray-Bond No. 880, from oil and gas leasing revenue. guished Senator and nattily dressed Barrasso-Wyden No. 788. The other big consequence is, this is chairman of the Budget Committee. The PRESIDING OFFICER. Is there a big tax increase. It is a revenue-neu- Mr. President, on rollcall vote 136, I objection? tral provision. That means it is $110 voted ‘‘nay.’’ It was my intention to The Chair hears none, and it is so or- billion, conservatively, over 10 years, vote ‘‘yea.’’ Therefore, I ask unani- dered. which means we have to raise taxes mous consent that I be permitted to The amendments (Nos. 921, 895, 880, $110 billion to pay for giving money to change my vote, since it will not affect and 788) were agreed to, as follows: a small handful of States and take it the outcome. AMENDMENT NO. 921 away from the majority of the States. The PRESIDING OFFICER. Without (Purpose: To establish a deficit-neutral re- I strongly urge members not to sup- objection, it is so ordered. serve fund for the Violence Against Women port this amendment. (The foregoing tally has been Act (VAWA) and the Family Violence Pre- The PRESIDING OFFICER. The changed to reflect the above order.) vention and Services Act (FVPSA), and question is on agreeing to the amend- The PRESIDING OFFICER. The Sen- other related programs) ment. ator from North Dakota. On page 49, after line 3, insert the fol- Ms. LANDRIEU. Mr. President, I ask Mr. CONRAD. Mr. President, I would lowing: for the yeas and nays. say to colleagues, I do not know what SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR it is about this year, but the hole just THE VIOLENCE AGAINST WOMEN The PRESIDING OFFICER. Is there a ACT (VAWA) AND THE FAMILY VIO- sufficient second? keeps getting deeper. We still have LENCE PREVENTION AND SERVICES There appears to be a sufficient sec- over 200 amendments, and nobody ACT (FVPSA), AND OTHER RELATED PROGRAMS. ond. The clerk will call the roll. seems to be much interested in kind of being collegial here and allowing us to The Chairman of the Senate Committee on The assistant legislative clerk called get to some kind of reasonable list. the Budget may revise the allocations of a the roll. Now, 200 amendments pending, 3 an committee or committees, aggregates, and other appropriate levels and limits in this Mr. DURBIN. I announce that the hour—that is almost 70 hours. That is 3 Senator from Massachusetts (Mr. KEN- resolution for one or more bills, joint resolu- days. So please work with us and be tions, amendments, motions, or conference NEDY) is necessarily absent. willing to take voice votes. When we reports that provide resources for programs Mr. KYL. The following Senator is have amendments that are being adopt- administered through the Violence Against necessarily absent: the Senator from ed overwhelmingly, you know, really, Women Act and the Family Violence Preven- Alabama (Mr. SESSIONS). do we really intend to stay here for 3 tion and Services Act, and other related pro- The PRESIDING OFFICER (Mr. days? I hope not. grams, by the amounts provided in such leg- MERKLEY). Are there any other Sen- Mr. President, I ask unanimous con- islation for those purposes, provided that ators in the Chamber desiring to vote? such legislation would not increase the def- sent that the following be the next icit over either the period of the total of fis- The result was announced—yeas 37, group of amendments to be considered; cal years 2009 through 2014 or the period of nays 60, as follows: that the provisions of the previous the total of fiscal years 2009 through 2019. [Rollcall Vote No. 136 Leg.] order regarding debate time, vote time, AMENDMENT NO. 895 YEAS—37 and budget points of order remain in (Purpose: To provide a deficit-neutral re- effect for the duration of consideration Barrasso DeMint McConnell serve fund to end abusive no-bid contracts Begich Ensign Murkowski of amendments to the budget resolu- by requiring all Federal contracts over Bennett Enzi Nelson (NE) tion; that the amendments be consid- $25,000 to be competitively bid) Bond Graham Risch ered in the order listed: Hutchison No. On page 49, between lines 3 and 4, insert Brownback Grassley Roberts Bunning Hatch 866, Menendez No. 921, Coburn No. 895, the following: Shelby Brownback No. 840—we have done this? Burr Hutchison Vitter SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR Carper Inhofe Warner Well, this is good. We are making ENDING ABUSIVE NO-BID CON- Chambliss Isakson TRACTS. Webb progress. Coburn Johanns Whitehouse The Chairman of the Senate Committee on Cochran Kyl Mr. GREGG. What about voice votes? Wicker the Budget may revise the allocations of a Cornyn Landrieu Mr. CONRAD. I suggest the absence Crapo McCain committee or committees, aggregates, and of a quorum. other appropriate levels and limits in this NAYS—60 The PRESIDING OFFICER. The resolution for one or more bills, joint resolu- clerk will call the roll. Akaka Feinstein Merkley tions, amendments, motions, or conference Alexander Gillibrand Mikulski The assistant legislative clerk pro- reports that would end abusive no-bid con- Baucus Gregg Murray ceeded to call the roll. tracts by requiring all Federal contracts Bayh Hagan Nelson (FL) Mr. CONRAD. Mr. President, I ask over $25,000 to be competitively bid, by the Bennet Harkin Pryor unanimous consent that the order for amounts provided in that legislation for that Bingaman Inouye Reed purpose, provided that such legislation Boxer Johnson Reid the quorum call be rescinded. would not increase the deficit over either the Brown Kaufman Rockefeller The PRESIDING OFFICER. Without period of the total of fiscal years 2009 Burris Kerry Sanders objection, it is so ordered. Byrd Klobuchar Schumer through 2014 or the period of the total of fis- Cantwell Kohl Shaheen AMENDMENTS NOS. 921, 895, 880, AND 788 cal years 2010 through 2019. Cardin Lautenberg Snowe Mr. CONRAD. Mr. President, we have AMENDMENT NO. 880 Casey Leahy Specter Collins Levin Stabenow four amendments in this list that we (Purpose: To create a deficit-neutral reserve Conrad Lieberman Tester could agree to: Menendez No. 921; fund for legislation to enable States to es- Corker Lincoln Thune Coburn No. 895, Murray-Bond No. 880, tablish or expand quality programs of Dodd Lugar Udall (CO) and Barrasso-Wyden—do we have a early childhood home visitation) Dorgan Martinez Udall (NM) Durbin McCaskill Voinovich number on that? At the appropriate place in title II, insert Feingold Menendez Wyden Mr. GREGG. No. 788. the following:

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.052 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4259 SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR amendment as well as Senators CRAPO, I hope my colleagues will support HOME VISITATION PROGRAMS. KYL, ENZI, BENNETT and HATCH. this commonsense amendment and get The Chairman of the Senate Committee on Significantly, this amendment would the Healthy Forests Act back on track. the Budget may revise the allocations, aggregates, and other levels in this resolution provide for full funding for this legisla- AMENDMENT NO. 840, AS MODIFIED for one or more bills, joint resolutions, tion for the first time since its passage. Mr. GREGG. Mr. President, I ask amendments, motions, or conference reports I helped author the Healthy Forests unanimous consent to send a modifica- that provide funds to States to establish or Restoration Act in 2003—a bipartisan tion to the desk on behalf of Senator expand quality programs of early childhood bill that I worked on with a number of BROWNBACK to his amendment No. 840. home visitation that increase school readi- my colleagues to help address serious The PRESIDING OFFICER. Without ness, child abuse and neglect prevention, and forest health issues and a significant objection, the amendment is so modi- early identification of developmental and backlog of hazardous fuels that have health delays, including potential mental fied. health concerns, and that— been building up on our national for- AMENDMENT NO. 866 (1) serve pregnant women, or parent’s or ests. Mr. CONRAD. Mr. President, that other primary caregivers and their children When Congress passed the Healthy takes us to the Hutchison amendment, under the age of entry into kindergarten Forests Restoration Act, HFRA, Con- No. 866. through quality programs of early childhood gress authorized $760 million in new The PRESIDING OFFICER. The Sen- home visitation; money to complete hazardous fuel re- ator from Texas. (2) are delivered by nurses, social workers, duction work on 20 million acres. Yet Mrs. HUTCHISON. Mr. President, my child development specialists, or other well- in each of the past years the Bush ad- amendment would create a point of trained and competent staff, as dem- ministration’s budget request has fall- onstrated by education or training and the order against any legislation that provision of ongoing specific training and su- en short, in my estimation by well over would impose or increase the marriage pervision in the model of service being deliv- $600 million less than Congress author- penalty tax. We have worked very hard ered; ized. Because the Healthy Forests Res- in Congress to eliminate the marriage (3) have outcomes and research standards toration Act was never fully funded in penalty, which we have not been able that— the prior administration, it has never to do completely, but we have miti- (A) demonstrate ongoing positive out- really had the chance to work. Our gated it, lowered it significantly. comes for children, parents and other pri- amendment would ensure that rural Before we addressed this issue, the mary caregivers that enhance child health communities will finally get the re- and development; marriage penalty was an average of (B) conform to a clear consistent home vis- sources they were promised. These $1,100 per couple; that is, two single itation model that has been in existence for funds will put these communities on a people getting married caused them to at least 3 years and that— path to preventing wildfires and bring- have to pay $1,100 more in taxes be- (i) is research-based, grounded in relevant ing jobs back to the forest. cause of the marriage penalty in the empirically-based knowledge; In hearings before the Energy and Tax Code. We have mitigated that to a (ii) is linked to program determined out- Natural Resources Committee, pre- great extent. comes; vious administration leaders assured This amendment would create a (iii) is associated with a national organiza- me that even in the face of such severe tion or institution of higher education that point of order against any legislation has comprehensive home visitation program budget cuts, they could get the work that would impose or increase the mar- standards that ensure high quality service done, possibly within 8 to 10 years. Yet riage penalty. We all know we should delivery and continuous program quality im- in hearings before the committee we not in any way discourage marriage in provement; and also heard witnesses from the GAO and this country. We have been able to do (iv) has demonstrated significant positive USDA inspector general’s office testify that. I think we need to stick with it, outcomes when evaluated using well-de- that the agencies were falling far short and this is the way to do it. signed and rigorous randomized controlled or of meeting this mandate and that haz- Thank you, Mr. President. well-designed and rigorous quasi-experi- ardous fuels were building up in our The PRESIDING OFFICER. The mental research designs, and the evaluation results have been published in a peer-re- forests as much as three times faster clerk will report the amendment. viewed journal; and than the agencies could remove them. The legislative clerk read as follows: (4) show, establish, or propose linkages to When you come from a State like The Senator from Texas [Mrs. HUTCHISON], high quality early learning opportunities; mine, where the Federal Government for herself, Mr. MARTINEZ, Mr. VITTER, Mr. provided that such legislation would not in- owns so much of the land, the health of ENZI, and Mr. BROWNBACK, proposes an crease the deficit over either the period of those public forests is a very serious amendment numbered 866. the total of fiscal years 2009 through 2014 or issue—one with life or death con- The amendment is as follows: the period of the total of fiscal years 2009 sequences for communities that are (Purpose: To provide a point of order against through 2019. next to these forests and could become legislation that has the effect of imposing AMENDMENT NO. 788 raging infernos in the next fire season. a greater tax liability on taxpayers who (Purpose: To fund the account Hazardous We can no longer dawdle on com- are married than if such taxpayers had Fuel Reduction on Federal Lands (within pleting the thinning work that ur- filed individual tax returns) Function 300) at the level authorized in the gently needs to be performed on our At the end of subtitle A of title III, insert Healthy Forests Restoration Act of 2003) Nation’s forests. This work would also the following: On page 13, line 21, increase the amount by provide jobs thinning overstocked for- SEC. ll. POINT OF ORDER ON LEGISLATION $200,000,000. THAT IMPOSES A MARRIAGE TAX ests in rural communities, while reduc- PENALTY. On page 13, line 22, increase the amount by ing the threat of wildfires. $140,000,000. (a) IN GENERAL.—In the Senate, it shall not On page 14, line 1, increase the amount by Those wildfires are getting more and be in order, to consider any bill, joint resolu- $60,000,000. more costly to fight and consuming tion, amendment, motion, or conference re- On page 27, line 23, decrease the amount by more and more of the budget of our port that includes any provision which im- $200,000,000. public lands agencies. It simply doesn’t poses or increases a marriage tax penalty. On page 27, line 24, decrease the amount by make sense to not spend the money on (b) DEFINITION.—In this section, the term $140,000,000. ‘‘marriage penalty’’ means any provision preventing the fires and then turn under which the Federal income tax liability On page 28, line 3, decrease the amount by around during the fire season and $60,000,000. of taxpayers filing a joint return under sec- watch the millions of dollars flow free- tion 6013 of the Internal Revenue Code of 1986 AMENDMENT NO. 788 ly while people’s homes and livelihoods is greater than such tax liability of such tax- Mr. WYDEN. Mr. President, this is an go up in smoke. payers if such taxpayers were unmarried and amendment that Senator BARRASSO Full funding of the HFRA would also had filed individual tax returns under sec- and I have offered to fully fund the allow for funding to communities so tion 1(c) of such Code. Healthy Forests Restoration Act, by they can implement ‘‘community wild- (c) WAIVER.—This section may be waived or suspended only by an affirmative vote of providing an additional $200 million for fire protection plans’’ developed in three-fifths of the Members, dully chosen this purpose. I am very pleased that areas that are part of ‘‘wildland urban and sworn. my colleague from Oregon, Senator interface’’ and living on the edge of our (d) APPEALS.—An affirmative vote of three- MERKLEY, has also joined us in this public forests. fifths of the Members of the Senate, duly

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.043 S02APPT1 rfrederick on PROD1PC67 with SENATE S4260 CONGRESSIONAL RECORD — SENATE April 2, 2009 chosen and sworn, shall be required to sus- On page 10, line 24, decrease the amount by The legislative clerk read as follows: tain an appeal of the ruling of the Chair on $6,000,000. The Senator from California [Mrs. BOXER] On page 10, line 25, decrease the amount by a point of order raised under this section. for herself and Mr. ENSIGN, proposes an The PRESIDING OFFICER. The Sen- $6,000,000. amendment numbered 953, as modified. ator from North Dakota. On page 11, line 3, decrease the amount by $8,000,000. Mrs. BOXER. Mr. President, I ask Mr. CONRAD. Mr. President, I sup- On page 11, line 4, decrease the amount by unanimous consent that reading of the port the Hutchison amendment. I think $8,000,000. amendment be dispensed with. there is strong support on this side. On page 11, line 7, decrease the amount by The PRESIDING OFFICER. Without Would the Senator be willing to take $8,000,000. objection, it is so ordered. a voice vote? On page 11, line 8, decrease the amount by The amendment is as follows: Mrs. HUTCHISON. Mr. President, I $ 8,000,000. On page 11, line 11, decrease the amount by (Purpose: To add a deficit-neutral reserve would. fund for the 21st Century Community Mr. CONRAD. I thank the Senator $4,000,000. On page 11, line 12, decrease the amount by Learning Centers afterschool program) from Texas. $4,000,000. At the end of Title II, insert the following: I ask unanimous consent that the Mr. BROWNBACK. Mr. President, SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR Hutchison amendment No. 866 be 21ST CENTURY COMMUNITY LEARN- agreed to. colleagues, this is an amendment that ING CENTERS The PRESIDING OFFICER. The Sen- passed last year. It creates a commis- The Chairman of the Senate Committee on ator yields back time? sion, an independent commission, to the Budget may revise the allocations of a Without objection, the amendment is review all of Federal spending, make committee or committees, aggregates, and agreed to. recommendations to the body, and other levels and limits in this resolution for The amendment (No. 866) was agreed then requires a vote on those rec- one or more bills, joint resolutions, amendments, motions, or conference reports that to. ommendations whether to continue the program or discontinue it. It is a way would increase funding for the 21st Century AMENDMENT NO. 840, AS MODIFIED Community Learning Centers program by for us to get at failed programs. It is a Mr. CONRAD. Mr. President, that the amounts provided in such legislation for takes us to Brownback amendment No. way for us to get at inefficient pro- such purpose, provided that such legislation grams or programs that have accom- 840. Senator BROWNBACK would describe would not increase the deficit over either the that amendment. This is a similar cir- plished their purposes. period of the total of fiscal years 2009 This is at the core of what so many through 2014 or the period of the total of fis- cumstance. There is strong support on cal years 2009 through 2019. this side toward the Senator’s amend- people want to see us do; that is, to get ment, and we could take it on a voice our spending under control so we can Mrs. BOXER. Mr. President, we are vote if the Senator would be willing to spend on higher priority categories. not adding a penny. We are just saying, do that. That is what this amendment would within the amounts that are in the If the Senator would take a moment do, and it does it in a fashion and in a education budget, to fully fund after- to describe his amendment. way that we have seen before that has school programs. We all know it helps The PRESIDING OFFICER. The Sen- worked on eliminating wasteful Gov- our kids, and there are millions on the ator from Kansas. ernment spending. list. Senator ENSIGN explained many Mr. BROWNBACK. Mr. President, I This has had broad bipartisan sup- times—he wanted to speak here today, would be happy to take a moment to port in the past. I would hope we could but he is not on the floor—that after- describe the amendment. And if by accept it and it could stay in the over- school programs really saved his life going by voice vote it is more likely to all budget in conference. when he was a young child. stay in conference, I would be happy to The PRESIDING OFFICER. The Sen- So I hope this amendment will be ac- do a voice vote. ator from North Dakota. cepted. Mr. CONRAD. It is amazing how that Mr. CONRAD. Mr. President, we have I thank my colleagues, and I yield will improve the chances. strong support for the amendment on back. Mr. BROWNBACK. Well, I am quite this side. I ask unanimous consent that The PRESIDING OFFICER. Who excited about that. the amendment be adopted. yields time in opposition? The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there Mrs. BOXER. Mr. President, I ask for clerk will report the amendment. objection? a voice vote, if we could do that. The legislative clerk read as follows: Hearing none, it is so ordered. Mr. GREGG. Mr. President, if the The Senator from Kansas [Mr. BROWNBACK] The amendment (No. 840), as modi- Senator would be willing to let us pass proposes an amendment numbered 840, as fied, was agreed to. over this amendment for a minute, we modified. AMENDMENT NO. 898 WITHDRAWN have some questions on our side, and The amendment is as follows: Mr. GREGG. Mr. President, I ask hopefully we can clear them up. (Purpose: To provide funds for a Commission unanimous consent, on behalf of Sen- Mrs. BOXER. I am sorry? on Budgetary Accountability and Review ator GRAHAM, to withdraw amendment Mr. GREGG. We have some questions of Federal Agencies) No. 898. on our side. Hopefully, we can clear On page 25, line 24, increase the amount by The PRESIDING OFFICER. Is there them up. I ask the Senator, can we $3,000,000. objection? move on to the next amendment and On page 25, line 25, increase the amount by Mr. CONRAD. Without objection on move back to yours? $3,000,000. this side. Mrs. BOXER. Of course. Senator EN- On page 26, line 3, increase the amount by The PRESIDING OFFICER. Without SIGN thought it was all taken care of, $6,000,000. On page 26, line 4, increase the amount by objection, it is so ordered. so he is off the floor. Maybe we can get $6,000,000. AMENDMENT NO. 953, AS MODIFIED him back out here. Thank you. On page 26, line 7, increase the amount by Mr. CONRAD. Mr. President, that The PRESIDING OFFICER. Is there $8,000,000. takes us to the Boxer amendment, No. objection to setting aside the amend- On page 26, line 8, increase the amount by 953, afterschool reserve fund. ment? $8,000,000. Senator BOXER. Without objection, the amendment is On page 26, line 11, increase the amount by set aside. $8,000,000. Mrs. BOXER. I say to the Senators, On page 26, line 12, increase the amount by thank you so much, Senator CONRAD AMENDMENT NO. 730 $8,000,000. and Senator GREGG. I say thank you Mr. CONRAD. Mr. President, that On page 26, line 15, increase the amount by very much to Senator ENSIGN. He and I takes us to Reid amendment No. 730, $4,000,000. have been working on afterschool for and the leader is here. On page 26, line 16, increase the amount by many years. Senator REID. $4,000,000. On page 10, line 20, decrease the amount by This is a Boxer-Ensign amendment. The PRESIDING OFFICER. The ma- $3,000,000. There is a modification at the desk. jority leader is recognized. On page 10, line 21, decrease the amount by The PRESIDING OFFICER. The Mr. REID. Mr. President, prior to the $3,000,000. clerk will report the amendment. Tax Reform Act of 1986, individuals

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.050 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4261 were entitled to deduct State and local The result was announced—yeas 89, The amendment is as follows: sales taxes. When the deduction was re- nays 9, as follows: (Purpose: To provide for a deficit-neutral repealed, it put taxpayers in States with- [Rollcall Vote No. 137 Leg.] serve fund to provide for the extension of out an income tax, such as Nevada, YEAS—89 the top individual tax rates for small businesses after 2010) Washington, and others, at a disadvan- Akaka Ensign Merkley tage. It took us 22 years before fairness Alexander Enzi Mikulski At the end of title II, insert the following: was restored when the deduction was Barrasso Feingold Murkowski SEC. lll. DEFICIT-NEUTRAL RESERVE FUND TO reinstated in 2004. The problem is that Baucus Feinstein Murray PROVIDE FOR THE EXTENSION OF Bayh Gillibrand Nelson (FL) THE TOP INDIVIDUAL TAX RATES deduction is not a permanent part of Begich Graham Nelson (NE) FOR SMALL BUSINESSES. the law. Bennet Grassley Pryor The Chairman of the Senate Committee on The amendment I have filed with Bennett Hagan Reed the Budget may revise the allocations of a Bingaman Harkin Senators ENSIGN, CANTWELL, MURRAY, Reid committee or committees, aggregates, and Bond Hatch Risch NELSON, HUTCHISON, and others fixes Boxer Hutchison other appropriate levels and limits in this Roberts Brown Inouye resolution for one or more bills, joint resolu- that by establishing a reserve fund for Rockefeller Brownback Isakson tions, amendments, motions, or conference legislation making the deduction per- Sanders Burr Johanns Schumer reports that maintains the rates of tax under manent. Based on all the information Burris Johnson we have, this would affect lots of peo- Shaheen section 1 of the Internal Revenue Code of Byrd Kaufman 1986 for the highest two rate brackets at 33 Cantwell Kerry Shelby ple—almost half a million in Nevada. Snowe percent and 35 percent, respectively, for indi- At a time when families are struggling Cardin Klobuchar Carper Kohl Specter viduals who receive more than 50 percent of to make ends meet, every penny Casey Landrieu Stabenow income from a small business concern (as de- counts. Chambliss Lautenberg Tester fined under section 3 of the Small Business I would accept a voice vote on this Cochran Leahy Thune Act), by the amounts provided by that legis- Collins Levin Udall (CO) lation for those purposes, provided that such amendment, Mr. President. Udall (NM) Conrad Lieberman legislation would not increase the deficit The PRESIDING OFFICER. The Sen- Corker Lincoln Vitter ator from North Dakota. Cornyn Lugar Warner over either the period of the total of fiscal Mr. CONRAD. Mr. President, we have Crapo Martinez Webb years 2009 through 2014 or the period of the just been informed that the matching Dodd McCaskill Whitehouse total of fiscal years 2009 through 2019. Dorgan McConnell Wicker Ms. SNOWE. Mr. President, my amendment to the Reid amendment Durbin Menendez Wyden may be withdrawn. They are working amendment would create a deficit-neu- NAYS—9 on that right now. So that would mean tral reserve fund for the tax cuts of a vote on the Reid amendment and the Bunning Gregg McCain 2001 to extend those tax rates to small Coburn Inhofe Sessions businesses that earn 50 percent of their Hutchison amendment may not be nec- DeMint Kyl Voinovich essary. income from small business. NOT VOTING—1 AMENDMENT NO. 953, AS MODIFIED If we fail to do that, we can expect So, Mr. President, I ask that we now Kennedy small businesses to see their taxes rise return to the Boxer amendment be- The amendment (No. 953), as modi- by 9 percent by allowing those rates to cause we have reached conclusion on fied, was agreed to. go up from 33 percent to 36 percent, and that. We know it will require a vote. If Mrs. BOXER. Mr. President, I move 36 percent to 39.6 percent. Why would the Senator would be so inclined, we to reconsider the vote. we want to impose a tax on the very could return to that amendment and go Mr. CONRAD. I move to lay that mo- entities that we are depending upon to to a vote. tion on the table. lead us out of this economic morass by Mr. GREGG. Mr. President, the Sen- The motion to lay on the table was increasing their taxes? ator has used her minute. agreed to. Just this week, the Joint Tax Com- I ask for the yeas and nays. Mr. CONRAD. Mr. President, if we mittee indicated there are 6.5 percent The PRESIDING OFFICER. Is there a are really going to have recorded roll- of those small businesses that earn sufficient second? call votes—what was the final tally— over $250,000, which is three times the There appears to be a sufficient sec- on votes that are 89 to 9, we are going original estimate by those who were ond. to be here a very long time. opposed to this amendment. Let me The yeas and nays were ordered. Honestly, I have been doing this for say that the Small Business Adminis- Mrs. BOXER. Colleagues, if I could 22 years. I don’t know if I have ever tration said 93 percent of all small ask to be heard for one more moment. seen a year where colleagues just seem business owners file an individual tax The PRESIDING OFFICER. The Sen- to be absolutely insistent on having return. The Treasury Department has ator from California. rollcall votes on things that are going indicated that 9 percent earn 70 percent Mrs. BOXER. Thank you. to keep us here a very long time. We of the income in this country. I simply want to say that we are a cannot make people give up their votes The PRESIDING OFFICER. The time little caught off guard here because we or take voice votes. But at some point of the Senator has expired. were told this was cleared on the Re- there has to be a serious consideration. Mr. CONRAD. Mr. President, I ask publican side. This is a Boxer-Ensign Is this what we are really going to do the Senator if she is willing to take amendment. It does not add one penny to each other? Are we going to be here this on a voice vote? to the deficit. It does not change any- for 70 hours? That is where we are Ms. SNOWE. I am. thing. It just says, within the funding headed. Mr. CONRAD. I ask for a voice vote. for education, let’s fully fund after- With that, we can go to the Snowe The PRESIDING OFFICER. The school programs because we have so amendment—or has the Hutchison- question is on agreeing to amendment many kids who are waiting to get into Reed amendment been resolved? We No. 773, offered by the Senator from those programs. I am hopeful we will should pass over that and go to Senator Maine. have a strong bipartisan vote for this SNOWE’s amendment. She is right here. The amendment (No. 773) was agreed amendment. The PRESIDING OFFICER. The If the Senator would explain her to. question is on agreeing to amendment amendment. AMENDMENTS NOS. 816, 885, 872, 827, 764, 788, 795, No. 953, as modified. The yeas and nays The PRESIDING OFFICER. The Sen- 817, 837, 818, 874, 839, 877, 797, 802, AND 826 EN BLOC have been ordered. The clerk will call ator from Maine is recognized. Mr. CONRAD. Mr. President, we are the roll. AMENDMENT NO. 773 now ready to offer a draft managers’ The legislative clerk called the roll. Ms. SNOWE. Mr. President, I call up package No. 1. Mr. DURBIN. I announce that the amendment No. 773. Mr. President, I ask unanimous con- Senator from Massachusetts (Mr. KEN- The PRESIDING OFFICER. The sent that the following amendments be NEDY) is necessarily absent. clerk will report. considered en bloc and adopted en bloc, The PRESIDING OFFICER. Are there The legislative clerk read as follows: and that the motions to reconsider be any other Senators in the Chamber de- The Senator from Maine [Ms. SNOWE] pro- considered made and laid on the table. siring to vote? poses an amendment numbered 773. The amendments are as follows:

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.057 S02APPT1 rfrederick on PROD1PC67 with SENATE S4262 CONGRESSIONAL RECORD — SENATE April 2, 2009 Boxer, No. 816, dependent care; Ben- ments, motions, or conference reports that AMENDMENT NO. 837 nett of Utah, No. 885, DOE pensions; would provide firefighters and fire depart- (Purpose: To increase funding for organ Dodd, No. 872, firefighter grants; Col- ments with critical resources under the As- transplantation and organ donation activi- lins, No. 827; Carper, No. 764; Barrasso, sistance to Firefighters Grant and the Staff- ties at the Health Resources and Services ing for Adequate Fire and Emergency Re- Administration by $10 million in FY 2010) No. 788; Pryor, No. 795; Bunning, No. sponse Firefighters Grant of the Federal On page 19, line 24, increase the amount by 817; Dorgan, No. 837; Bunning, No. 818; Emergency Management Agency, by the $10,000,000. Landrieu, No. 874; Roberts, No. 839; amounts provided in such legislation for 1 On page 19, line 25, increase the amount by Reed of Rhode Island, No. 877; Burr, No. such purpose, provided that such legislation $3,000,000. would not increase the deficit over either the 797; Pryor, No. 802, and Enzi, No. 826. On page 20, line 4, increase the amount by period of the total of fiscal years 2009 Mr. INHOFE. Reserving the right to $4,000,000. through 2014 or the period of the total of fis- object, has the Senator considered my On page 20, line 8, increase the amount by cal years 2009 through 2019. amendment No. 742, which is accepted $2,000,000. on both sides to my knowledge? Sen- AMENDMENT NO. 827 On page 20, line 12, increase the amount by ator AKAKA and I put it forward, hav- (Purpose: To modify the provision relating $1,000,000. ing to do with the health care of vet- to the deficit-neutral reserve fund for clean On page 27, line 23, decrease the amount by erans. Nobody has objected to it. energy legislation to include industrial en- $10,000,000. Mr. CONRAD. That is being consid- ergy efficiency programs) On page 27, line 24, decrease the amount by On page 33, line 4, insert ‘‘(including $3,000,000. ered in the next tranche. We are work- On page 28, line 3, decrease the amount by ing on that right now. through industrial energy efficiency programs)’’ after ‘‘and efficiency’’. $4,000,000. Mr. INHOFE. I thank the Senator. On page 28, line 7, decrease the amount by AMENDMENT NO. 764 The PRESIDING OFFICER. Is there $2,000,000. objection? (Purpose: To establish a deficit-reduction re- On page 28, line 11, decrease the amount by Without objection, it is so ordered. serve fund for the elimination and recovery $1,000,000. of improper payments) The amendments were agreed to, as AMENDMENT NO. 818 On page 49, between lines 3 and 4, insert follows: (Purpose: To provide for a deficit-neutral re- the following: AMENDMENT NO. 816 serve fund to provide for legislation to in- SEC. lll. DEFICIT-REDUCTION RESERVE FUND (Purpose: To provide access to affordable, crease the amount of capital losses allowed FOR THE ELIMINATION AND RECOV- to individuals) quality child care for middle class families ERY OF IMPROPER PAYMENTS. by making improvements in the employer- The Chairman of the Senate Committee on At the end of title II, insert the following: provided child care credit and the depend- the Budget may revise the aggregates, allo- SEC. lll. DEFICIT-NEUTRAL RESERVE FUND ent care tax credit) cations, functional totals, and other appro- FOR LEGISLATION TO INCREASE On page 38, line 19, after ‘‘refundable tax priate levels and limits in this resolution THE AMOUNT OF CAPITAL LOSSES relief’’ insert ‘‘and enhancement of the em- upon enactment of legislation that achieves ALLOWED TO INDIVIDUALS. ployer-provided child care credit and en- savings by requiring that Federal depart- The Chairman of the Senate Committee on hancement of the dependent care tax credit’’. ments and agencies eliminate improper pay- the Budget may revise the allocations of a committee or committees, aggregates, and AMENDMENT NO. 885 ments and increase the use of the recovery other appropriate levels and limits in this (Purpose: To establish a deficit-neutral re- audits and uses such savings to reduce the deficit, by the amount of such savings, pro- resolution for one or more bills, joint resolu- serve fund to cover the full cost of pension tions, amendments, motions, or conference obligations for employees of laboratories vided that such legislation would decrease the deficit. reports that increases the amount by which and environmental cleanup sites under the a capital loss of an individual is allowed, by jurisdiction of the Department of Energy) AMENDMENT NO. 795 the amounts provided by that legislation for At the appropriate place in title II, insert (Purpose: To modify a deficit neutral reserve those purposes, provided that such legisla- the following: fund to ensure improvement of infrastruc- tion would not increase the deficit over ei- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND ture related to flood control) ther the period of the total of fiscal years FOR PENSION COVERAGE FOR EM- On page 37, between lines 8 and 9, insert 2009 through 2014 or the period of the total of PLOYEES OF DEPARTMENT OF EN- the following: fiscal years 2009 through 2019. ERGY LABORATORIES AND ENVI- RONMENTAL CLEANUP SITES. (d) FLOOD CONTROL PROJECTS.—The Chair- AMENDMENT NO. 874 (a) IN GENERAL.—Subject to subsection (b), man of the Senate Committee on the Budget (Purpose: To provide for a deficit-neutral the Chairman of the Committee on the Budg- may revise the allocations of a committee or reserve fund for foster care financing reform) committees, aggregates, and other appro- et of the Senate may revise the allocations, At the end of title II, insert the following: aggregates, and other levels in this resolu- priate levels and limits in this resolution for SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR tion by the amounts provided by a bill, joint one or more bills, joint resolutions, amendments, motions, or conference reports that FOSTER CARE FINANCING REFORM. resolution, amendment, motion, or con- The Chairman of the Senate Committee on ference report that would authorize funding provide for levee modernization, maintenance, repair, and improvement, by the the Budget may revise the allocations of a to cover the full cost of pension obligations committee or committees, aggregates, and for current and past employees of labora- amounts provided in that legislation for those purposes, provided that such legisla- other appropriate levels and limits in this tories and environmental cleanup sites under resolution for one or more bills, joint resolu- the jurisdiction of the Department of Energy tion would not increase the deficit over either the period of the total of fiscal years tions, amendments, motions, or conference (including benefits paid to security per- reports that would— sonnel) in a manner that does not impact the 2009 through 2014 or the period of the total of fiscal years 2009 through 2019. (1) change the Federal foster care payment missions of those laboratories and environ- system from a system that supports pro- mental cleanup sites. AMENDMENT NO. 817 grams to one that supports children, what- EFICIT NEUTRALITY.—Subsection (a) (b) D (Purpose: To modify a deficit-neutral reserve ever their best placement may be, and one applies only if the legislation described in fund for the repeal of the 1993 increase in that promotes permanency for children; subsection (a) would not increase the deficit the income tax on social security benefits) (2) when it is determined to be in the best over the period of the total of fiscal years At the end of title II, add the following: interests of the child, promote and improve 2009 through 2014 or the period of the total of family support, family preservation, includ- fiscal years 2009 through 2019. SEC. lll. DEFICIT-NEUTRAL RESERVE FUND FOR THE REPEAL OF THE 1993 IN- ing residential family treatment for families AMENDMENT NO. 872 CREASE IN THE INCOME TAX ON SO- suffering from substance abuse and addic- (Purpose: To add a deficit-neutral reserve CIAL SECURITY BENEFITS. tion, and time-limited family reunification fund for provisions of critical resources to The Chairman of the Senate Committee on services; firefighters and fire departments) the Budget may revise the allocations, ag- (3) provide for subsidies and support pro- At the end of Title II, insert the following: gregates, and other levels in this resolution grams that are available to support the SEC.ll. DEFICIT-NEUTRAL RESERVE FUND FOR by the amounts provided by a bill, joint reso- needs of the children prior to removal, dur- PROVISION OF CRITICAL RE- lution, amendment, motion, or conference ing removal, and post placement, whether SOURCES TO FIREFIGHTERS AND report that would repeal the 1993 increase in through reunification, adoption, kinship FIRE DEPARTMENTS. the income tax on social security benefits, adoption, or guardianship; The Chairman of the Senate Committee on provided that such legislation would not in- (4) promote innovation and best practice at the Budget may revise the allocations of a crease the deficit over either the period of the State level; and committee or committees, aggregates, and the total of fiscal years 2009 through 2014 or (5) guarantee that public funds are used to other levels and limits in this resolution for the period of the total of fiscal years 2009 effectively meet the needs of children who one or more bills, joint resolutions, amend- through 2019. have been abused or neglected;

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.066 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4263 by the amounts provided in such legislation AMENDMENT NO. 802 That story reminds us of the price for those purposes, provided that such legis- (Purpose: To provide a deficit-neutral re- our fire fighters pay every day to keep lation would not increase the deficit over ei- serve fund for the Veterans Health Admin- our communities safe. ther the period of the total of fiscal years istration to ensure that the supply of ap- We also wrote the SAFER Act to put 2009 through 2014 or the period of the total of propriately prepared health care profes- fiscal years 2009 through 2019. an additional 75,000 firefighters on the sionals is available to meet the needs of job. the Veterans Health Administration) AMENDMENT NO. 839 Today, the FIRE Act provides the At the end of title II, add the following: (Purpose: To fully fund the small business single largest stream of Federal fund- SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR child care grant program under section ing to communities to train and equip 8303 of the Small Business and Work Op- HEALTHCARE PROFESSIONALS FOR THE VETERANS HEALTH ADMINIS- firefighters. Along with the SAFER portunity Act of 2007) TRATION. Act, it has already provided more than On page 21, line 24, increase the amount by The Chairman of the Senate Committee on $3 billion in grants to help hire, train, $20,000,000. the Budget may revise the allocations of a and equip firefighters. On page 21, line 25, increase the amount by committee or committees, aggregates, and $15,200,000. other appropriate levels and limits in this In essence, these historic pieces of On page 22, line 3, increase the amount by resolution for one or more bills, joint resolu- legislation have made the Federal Gov- $20,000,000. tions, amendments, motions, or conference ernment a partner with our Nation’s On page 22, line 4, increase the amount by reports that would— firefighters. $19,800,000. (1) increase the number of healthcare pro- But to make that partnership as On page 22, line 7, increase the amount by fessionals in the Veterans Health Adminis- strong as it needs to be to keep our $10,000,000. tration to meet the needs of the expanding communities safe, we need to ensure On page 22, line 8, increase the amount by number of veterans and to fill healthcare that the Federal Government provides $12,400,000. professional positions in the Veterans Health the necessary resources. We need to Administration that are currently vacant; On page 22, line 12, increase the amount by fund those programs. $2,500,000. and (2) provide enhanced incentives for In fiscal year 2009, the FIRE and On page 22, line 16, increase the amount by SAFER Programs were funded at $565 $100,000. healthcare professionals of the Veterans On page 27, line 23, decrease the amount by Health Administration who serve in rural million and $210 million respectively. $20,000,000. areas; FIRE is authorized through this fiscal On page 27, line 24, decrease the amount by by the amounts provided in that legislation year and will be reauthorized later this $15,200,000. for that purpose, provided that such legisla- year, while SAFER is scheduled for re- On page 28, line 2, decrease the amount by tion would not increase the deficit over ei- authorization next year. $20,000,000. ther the total of the period of fiscal years Our amendment will simply ensure 2009 through 2014 or the period of the total of On page 28, line 3, decrease the amount by there is adequate funding for the FIRE fiscal years of 2009 through 2019. $19,800,000. and SAFER Programs for fiscal years AMENDMENT NO. 826 On page 28, line 6, decrease the amount by 2010 to 2014. $10,000,000. (Purpose: To establish a deficit-neutral re- Economic recovery depends on safe serve fund to repeal certain deductions On page 28, line 7, decrease the amount by and secure communities. $12,400,000. from mineral revenue payments made to States) Just recently, East Hartford was On page 28, line 11, decrease the amount by forced to eliminate 19 municipal jobs, $2,500,000. At the appropriate place in title II, insert On page 28, line 15, decrease the amount by the following: including firefighters. Farmington is $100,000. SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND trying to budget for replacing decade TO REPEAL DEDUCTIONS FROM MIN- old fire engines, while Torrington and AMENDMENT NO. 877 ERAL REVENUE PAYMENTS TO Greenwich are deciding whether they STATES. (Purpose: To ensure that the deficit-neutral will be able to repair and build a new reserve fund for higher education may be (a) IN GENERAL.—Subject to subsection (b), used for Leveraging Educational Assist- the Chairman of the Committee on the Budg- firehouse. This is happening in fire de- ance Partnership programs) et of the Senate may revise the allocations, partments across my State. We already made great strides with On page 34, line 13, insert ‘‘such as by in- aggregates, and other levels in this resolu- vesting in programs such as the programs tion by the amounts provided by a bill, joint the economic recovery package pro- under subpart 4 of part A of title IV of the resolution, amendment, motion, or con- viding $210 million to help America’s Higher Education Act of 1965 (20 U.S.C. 1070c ference report that would repeal the require- first responders. But with this amend- et seq.),’’ after ‘‘students,’’. ment to deduct certain amounts from min- ment, we can ensure that one thing eral revenues payable to States under the that will not be left behind during this AMENDMENT NO. 797 heading ‘‘ADMINISTRATIVE PROVISIONS’’ under (Purpose: To develop biodefense medical the heading ‘‘MINERALS MANAGEMENT SERV- economic downturn is the safety of our countermeasures by fully funding the Bio- ICE’’ under the heading ‘‘DEPARTMENT OF communities. medical Advanced Research and Develop- THE INTERIOR’’ of title I of the Depart- And so I thank my colleagues and ment Authority (BARDA) in a fiscally re- ment of the Interior, Environment, and Re- urge them to support this amendment. sponsible manner) lated Agencies Appropriations Act, 2009 AMENDMENT NO. 874 On page 19, line 24, increase the amount by (Public Law 111–8). Mr. GRASSLEY. Mr. President, this $850,000,000. (b) DEFICIT NEUTRALITY.—Subsection (a) applies only if the legislation described in amendment would create a deficit neu- On page 19, line 25, increase the amount by subsection (a) would not increase the deficit tral fund in order to provide for reform $170,000,000. over the period of the total of fiscal years of the current foster care system. On page 20, line 4, increase the amount by 2009 through 2014 or the period of the total of The foster care system is broken tre- $476,000,000. fiscal years 2009 through 2019. mendously overburdened and needs to On page 20, line 8, increase the amount by $136,000,000. AMENDMENT NO. 872 be fixed. On page 20, line 12, increase the amount by Mr. DODD. Mr. President, I am in The system is understaffed and under $51,000,000. strong support of the Dodd-Lieberman- trained. Children linger too long before On page 20, line 16, increase the amount by Collins amendment. securing a safe and permanent home. $17,000,000. A decade ago, many of us in this body More funding could be available for On page 27, line 23, decrease the amount by worked together to create the FIRE family reunification services. Adminis- $850,000,000. Grant Program—the goal of which was trative funds could be used more effi- On page 27, line 24, decrease the amount by simple, but essential: It gives local fire ciently. $170,000,000. departments the ability to purchase Data collection is insufficient. The On page 28, line 3, decrease the amount by new equipment and initiate education foster care financing structure is anti- $476,000,000. quated and inflexible and prevents On page 28, line 7, decrease the amount by and training programs. $136,000,000. Soon after we wrote that bill, we states from responding to a variety of On page 28, line 11, decrease the amount by were reminded why it was so des- challenges. $51,000,000. perately needed—the Worcester Cold We need to replace the old system On page 28, line 15, decrease the amount by Storage blaze on December 3, 1999, that with one that improves the foster care $17,000,000. left 17 children without their fathers. payment structure to support children

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.052 S02APPT1 rfrederick on PROD1PC67 with SENATE S4264 CONGRESSIONAL RECORD — SENATE April 2, 2009 rather than programs, promotes and (Purpose: To protect charitable giving by en- Senator in offering me that oppor- improves family preservation and ensuring that organizations that provide im- tunity, I think this is an important sures that public funds are used effec- portant religious, educational, cultural, issue. I think the Senate needs to be on tively. health care, and environmental services record. are not negatively impacted by changes to Our amendment sets us on a course the Federal income tax deduction for char- I ask for the yeas and nays. to make these vital improvements to itable donations) The PRESIDING OFFICER. Is there a the foster care system. sufficient second? On page 68, after line 4, insert the fol- There is a sufficient second. I urge my colleagues to support the lowing: All time is yielded back. Landrieu-Grassley amendment. SEC. ll. POINT OF ORDER ON LEGISLATION THAT INCREASES REVENUE ABOVE The question is on agreeing to the Mr. CONRAD. Mr. President, that is THE LEVELS ESTABLISHED IN THE amendment. very helpful. That cleared a lot of BUDGET RESOLUTION. The clerk will call the roll. amendments on both sides. I now go to (a) IN GENERAL.—After a concurrent reso- The assistant legislative clerk called Senator HUTCHISON for the purpose of lution on the budget is agreed to, it shall not the roll. withdrawing her amendment. be in order in the Senate to consider any Mr. DURBIN. I announce that the bill, resolution, amendment between Houses, AMENDMENT NO. 868 WITHDRAWN Senator from Massachusetts (Mr. KEN- motion, or conference report that would NEDY) is necessarily absent. Mrs. HUTCHISON. Mr. President, I cause revenues to be more than the level of Mr. KYL. The following Senator is withdraw my amendment No. 868. I do the revenues set forth, prior to any adjust- necessarily absent: the Senator from support Senator REID’s amendment. It ment made pursuant under any reserve fund, Pennsylvania (Mr. SPECTER). is important. for that first fiscal year or for the total of that fiscal year and the ensuing fiscal years Further, if present and voting, the AMENDMENT NO. 868 WITHDRAWN in the applicable resolution for which alloca- Senator from Pennsylvania (Mr. SPEC- Mr. CONRAD. I thank the Senator. tions are provided under section 302(a) of the TER) would have voted ‘‘yea.’’ That is very gracious of her. We could Congressional Budget Act of 1974. The PRESIDING OFFICER (Ms. go to the Reid amendment. (b) SUPERMAJORITY WAIVER AND APPEAL.— KLOBUCHAR). Are there any other Sen- (1) WAIVER.—This section may be waived or I ask unanimous consent that Reid ators in the Chamber desiring to vote? suspended in the Senate only by an affirma- The result was announced—yeas 94, amendment No. 730 be adopted. tive vote of three-fifths of the Members, duly nays 3, as follows: Mr. GREGG. Reserving the right to chosen and sworn. object, and I will not, I want to point (2) APPEAL.—An affirmative vote of three- [Rollcall Vote No. 138 Leg.] out that in New Hampshire we have no fifths of the Members, duly chosen and YEAS—94 sales or income tax. If people want to sworn, shall be required in the Senate to sus- Akaka Durbin McConnell tain an appeal of the ruling of the Chair on Alexander Ensign Menendez escape these taxes, they should come a point of order raised under this section. Barrasso Enzi Merkley to New Hampshire. Baucus Mr. THUNE. Mr. President, my Feingold Mikulski Mr. CONRAD. Mr. President, I renew Bayh Feinstein Murkowski amendment is very straightforward. It Begich Gillibrand my request. Murray creates a budget point of order against Bennet Graham Nelson (FL) The PRESIDING OFFICER. All time any legislation that would raise rev- Bennett Grassley Nelson (NE) Bingaman Gregg is yielded back. Pryor enue from a reduction in the tax deduc- Bond Hagan Reed Without objection, the amendment is tion for charitable donations. Boxer Harkin Reid agreed to. What the Senator from North Dakota Brown Hatch Brownback Hutchison Risch The amendment (No. 730) was agreed is going to say is that it is not included Bunning Inhofe Roberts to, as follows: in his budget. As we know, this is a Burr Inouye Rockefeller Schumer (Purpose: to establish a deficit-neutral re- long process, and we also know the Burris Isakson President, in his budget, included a Byrd Johanns Sessions serve fund to permanently extend the de- Cantwell Johnson Shaheen duction for state and local sales taxes) proposal that would reduce the amount Cardin Kaufman Shelby At the end of Title II, insert the following: people could claim as a tax benefit for Carper Kerry Snowe a charitable donation. Casey Klobuchar Stabenow SEC. ll . RESERVE FUND TO PROMOTE TAX EQ- Again, we don’t know what is going Chambliss Kohl Tester UITY FOR STATES WITHOUT PER- Coburn Kyl Thune SONAL INCOME TAXES. to happen from this point forward in Cochran Landrieu Udall (CO) The Chairman of the Senate Committee on the budget process. This could go into Collins Lautenberg Udall (NM) the Budget may revise the aggregates, allo- conference, and a provision like this Conrad Leahy Vitter Corker Levin Voinovich cations, and other appropriate levels in this could be added. Again, this places a Cornyn Lieberman Warner resolution for one or more bills, joint resolu- point of order against any legislation Crapo Lincoln Webb tions, amendments, motions, or conference DeMint Lugar that would raise revenue from the tax Wicker reports that would provide for the perma- deduction for charitable giving. Dodd Martinez nent extension of the deduction for state and Dorgan McCain Wyden Americans gave $300 billion in 2007 to local sales taxes, by the amounts provided in NAYS—3 such legislation for those purposes, provided charitable causes, which is equal to 2 McCaskill Sanders Whitehouse that such legislation would not increase the percent of our GDP. deficit over either the period of the total of A Washington Post article said this: NOT VOTING—2 fiscal years 2009 through 2014 or the period of Diana Aviv, [president of Independent Sec- Kennedy Specter the total of fiscal years 2009 through 2019. tor, a national membership organization of The amendment (No. 803) was agreed charities] said any decrease in charitable Mr. CONRAD. Mr. President, that to. takes us to the Thune amendment No. giving caused by Obama’s proposal, no matter how small, would be ‘seen as a stake in The PRESIDING OFFICER. The Sen- 803. the heart.’ ’’—‘‘With all other means of in- ator from North Dakota is recognized. The PRESIDING OFFICER. The Sen- come down, the idea that there will be an- AMENDMENT NO. 824 ator from South Dakota is recognized. other potential cut to the income of those Mr. CONRAD. Madam President, I nonprofit organizations feels catastrophic,’’ AMENDMENT NO. 803 propose we go next to Enzi amendment Aviv said. ‘‘It is utterly unacceptable.’’ Mr. THUNE. Mr. President, I send my No. 824. It has been cleared on both I hope my colleagues will vote for amendment to the desk. sides. this amendment. Mr. ENZI. Madam President, built The PRESIDING OFFICER. The Mr. CONRAD. Mr. President, would into this budget is an assumption that clerk will report. the Senator accept a voice vote? It the 33 percent and 35 percent tax The legislative clerk read as follows: would help a great deal in terms of brackets would be allowed to expire. As The Senator from South Dakota [Mr. moving the agenda and in terms of the a result, many individuals and small THUNE] for himself, Mr. BENNETT, and Mr. disposition of the chairman on results businesses would see their taxes rise ENSIGN, proposes an amendment numbered out of the conference committee. substantially in the very near future. 803. Mr. THUNE. Mr. President, as much The Administration has been quick The amendment is as follows: as I appreciate the generosity of the to explain that the tax hike wouldn’t

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.057 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4265 take effect until January 2011 after the onstrates once again why everybody re- I ask support for this amendment to economy has rebounded. But no one gards him as a gentleman here. I appre- patch AMT for 2013 and 2014, and I yield can be sure when our economy will ciate his being gracious. the floor. turn the corner and the administra- Madam President, that takes us next The PRESIDING OFFICER. The Sen- tion’s economic assumptions have been to the Conrad AMT amendment, which ator from North Dakota. criticized as being more optimistic I will not pursue, and we will go di- Mr. CONRAD. Madam President, we than most. rectly to the Grassley amendment on already have 3 full years of alternative While I do not support raising taxes— the alternative minimum tax. minimum tax protection in the chair- especially in this economic climate—I AMENDMENT NO. 950 man’s mark—3 full years. We have realize I am in the minority in this The PRESIDING OFFICER. The never had that much before in any res- Chamber. So I am here now to offer my clerk will report. olution. friends across the aisle a chance to im- The bill clerk read as follows: The amendment of the Senator would prove this budget resolution. The Senator from Iowa [Mr. GRASSLEY] add $117 billion to the debt. After we My amendment would block any tax proposes an amendment numbered 950. lost $2 trillion in the CBO forecast, we increase until the economy has recov- The amendment is as follows: had to insist that some additional things be paid for. I urge my colleagues ered. A sure sign of recovery would be (Purpose: To ensure that millions of middle- a reduction in the unemployment rate income families do not face an alternative to defeat the Grassley amendment and to 5.8 percent, a level many private sec- minimum tax increase in 2013 and 2014 and understand we have 3 full years of al- tor economists associate with a fully that the budget resolution honestly and ternative minimum tax protection in productive economy. accurately reflects that result) the chairman’s mark. Common sense tells us that employ- On page 3, line 14, decrease the amount by I ask for the yeas and nays. ment is a key indicator of our econo- $8,608,000,000. The PRESIDING OFFICER. Is there a my’s strength and potential for On page 3, line 15, decrease the amount by sufficient second? growth. The organization formally $105,822,000,000. There appears to be. On page 4, line 8, increase the amount by The question is on agreeing to tasked with identifying U.S. reces- $8,608,000,000. sions, the National Bureau of Eco- amendment No. 950. On page 4, line 9, increase the amount by The clerk will call the roll. nomic Research—NBER—used job num- $105,822,000,000. bers to determine the start date of our On page 4, line 17, increase the amount by The bill clerk proceeded to call the current recession and it is only right to $179,046,000. roll. use job numbers as a signal that it has On page 4, line 18, increase the amount by Mr. DURBIN. I announce that the ended. $2,901,367,000. Senator from Massachusetts (Mr. KEN- On page 5, line 1, increase the amount by I don’t support the tax increases in NEDY) is necessarily absent. $179,046,000. The PRESIDING OFFICER. Are there this budget, but if the majority in this On page 5, line 2, increase the amount by any other Senators in the Chamber de- Chamber insists on moving forward $2,901,367,000. siring to vote? with higher taxes, they shouldn’t do it On page 5, line 10, increase the amount by The result was announced—yeas 40, while the economy is mired in reces- $8,787,046,000. nays 58, as follows: sion. On page 5, line 11, increase the amount by I urge my colleagues to support this $108,723,367,000. [Rollcall Vote No. 139 Leg.] On page 5, line 20, increase the amount by YEAS—40 amendment. $8,787,046,000. Alexander Ensign McConnell Mr. CONRAD. Madam President, I On page 5, line 21, increase the amount by ask unanimous consent that we adopt Barrasso Enzi Murkowski $117,510,413,000. Bennett Graham Nelson (NE) the Enzi amendment No. 824. On page 6, line 3, increase the amount by Bond Grassley Risch The PRESIDING OFFICER. Is there $8,787,046,000. Brownback Gregg Roberts objection? On page 6, line 4, increase the amount by Burr Hatch Sessions Hearing no objection, it is so ordered. $117,510,413,000. Chambliss Hutchison Shelby On page 27, line 11, increase the amount by Coburn Inhofe Snowe The amendment (No. 824) was agreed Cochran Isakson $179,046,000. Specter Collins Johanns to, as follows: On page 27, line 12, increase the amount by Thune Corker Kyl Vitter (Purpose: To protect taxpayers and busi- $179,046,000. Cornyn Lugar nesses from the job-killing and growth- On page 27, line 15, increase the amount by Crapo Martinez Wicker stunting impact of tax increases imposed $2,901,367,000. DeMint McCain while the domestic economy is in crisis) On page 27, line 16, increase the amount by NAYS—58 At the end of subtitle A of title III, insert $2,901,367,000. the following: Akaka Feinstein Murray The PRESIDING OFFICER. The Sen- Baucus Gillibrand Nelson (FL) SEC. ll. POINT OF ORDER ON LEGISLATION ator from Iowa. Bayh Hagan Pryor THAT INCREASES TAXES DURING Mr. GRASSLEY. Madam President, Begich Harkin Reed ANY PERIOD WHEN THE UNEMPLOY- Bennet Inouye Reid MENT RATE IS IN EXCESS OF 5.8 the chairman’s resolution patches the Bingaman Johnson Rockefeller PERCENT. AMT for 2010 through 2012. Now, that is Boxer Kaufman Sanders (a) IN GENERAL.—In the Senate, it shall not good, but it is not good enough. Since Brown Kerry Schumer Bunning Klobuchar be in order, to consider any bill, joint resolu- we have a 5-year window, we should Shaheen Burris Kohl tion, amendment, motion, or conference re- Stabenow patch AMT for all 5 years. My amend- Byrd Landrieu port during any period in which the unem- ment is to make sure that AMT is Tester ployment rate in the United States (as meas- Cantwell Lautenberg patched 2013 and 2014 so that the entire Cardin Leahy Udall (CO) ured by the most recent Bureau of Labor Udall (NM) 5-year period has an AMT patch. Carper Levin Statistics’ Current Population Survey and Casey Lieberman Voinovich based on the national seasonally adjusted This would provide tax relief to 18 Conrad Lincoln Warner rate for persons age 16 and over) exceeds 5.8 million families at a cost of $114 bil- Dodd McCaskill Webb percent if such bill, joint resolution, amend- lion. This patch is essential to honest Dorgan Menendez Whitehouse ment, motion, or conference report increases budgeting because we all know that the Durbin Merkley Wyden Feingold Mikulski taxes. AMT will eventually pass without (b) WAIVER.—This section may be waived being patched. This amendment also NOT VOTING—1 or suspended only by an affirmative vote of helps families plan their financial af- Kennedy three-fifths of the Members, duly chosen and sworn. fairs properly, rather than leave them The amendment (No. 950) was re- (c) APPEALS.—An affirmative vote of three- guessing as to what their future tax jected. fifths of the Members of the Senate, duly burden will be. The PRESIDING OFFICER. The Sen- chosen and sworn, shall be required to sus- Also, by giving greater stability to ator from North Dakota is recognized. tain an appeal of the ruling of the Chair on this area of the tax law, tax profes- Mr. CONRAD. Madam President, I a point of order raised under this section. sionals will administer the law better, ask unanimous consent that under the Mr. CONRAD. Madam President, I es- leading to better compliance and a rules we have been operating on for pecially thank Senator ENZI, who dem- smaller tax gap. each of the tranches, that we next go

VerDate Nov 24 2008 04:44 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.062 S02APPT1 rfrederick on PROD1PC67 with SENATE S4266 CONGRESSIONAL RECORD — SENATE April 2, 2009 to Inhofe No. 742; followed by Sanders, AMENDMENT NO. 811 The result was announced—yeas 31, No. 811; followed by Stabenow, No. 879; Mr. CONRAD. Madam President, that nays 67, as follows: followed by Bond, No. 926; followed by takes us then next to the Sanders [Rollcall Vote No. 140 Leg.] Coburn, No. 894; followed by Bennett, amendment, No. 811. YEAS—31 No. 954. The PRESIDING OFFICER. The Begich Harkin Reed The PRESIDING OFFICER. Is there clerk will report. Boxer Kaufman Reid objection? Without objection, it is so The bill clerk read as follows: Brown Kerry Rockefeller The Senator from Vermont [Mr. SANDERS] Burris Kohl Sanders ordered. Cardin Lautenberg Mr. CONRAD. Madam President, that proposes an amendment numbered 811. Schumer Casey Leahy Shaheen would take us next to the Inhofe The amendment is as follows: Dodd Levin Udall (NM) amendment. If the Senator would de- (Purpose: To provide for a deficit-neutral re- Durbin McCaskill Whitehouse Feingold Menendez serve fund to establish a national usury Wyden scribe his amendment. Feinstein Merkley law, and for other purposes) AMENDMENT NO. 742 Gillibrand Mikulski Mr. INHOFE. Madam President, I ask At the appropriate place, insert the following: NAYS—67 unanimous consent that the amend- SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO Akaka DeMint McConnell ment No. 742 be considered. ESTABLISH A NATIONAL USURY LAW. Alexander Dorgan Murkowski The PRESIDING OFFICER. Without The chairman of the Committee on the Barrasso Ensign Murray objection, it is so ordered. The clerk Baucus Enzi Nelson (FL) Budget of the Senate may revise the aggre- Bayh Graham will report. gates, allocations, and other appropriate lev- Nelson (NE) Bennet Grassley Pryor els in this resolution for one or more bills, The bill clerk read as follows: Bennett Gregg Risch The Senator from Oklahoma [Mr. INHOFE] joint resolutions, amendments, motions, or Bingaman Hagan Roberts Bond Hatch proposes an amendment numbered 742. conference reports to establish a national Sessions Brownback Hutchison usury law, provided that such legislation Shelby The amendment is as follows: Bunning Inhofe does not increase the deficit over either the Snowe (Purpose: To provide for advance appropria- Burr Inouye period of the total of fiscal years 2009 Byrd Isakson Specter tions for medical care for veterans through through 2014 or the period of the total of fis- Cantwell Johanns Stabenow the Department of Veterans Affairs) cal years 2009 through 2019. Carper Johnson Tester On page 57, strike line 23 and insert the fol- The PRESIDING OFFICER. The Sen- Chambliss Klobuchar Thune lowing: Coburn Kyl Udall (CO) ator from Vermont is recognized. Cochran Landrieu Vitter casting; and Mr. SANDERS. Madam President, Collins Lieberman Voinovich (3) for the Department of Veterans Affairs this amendment, No. 811, would simply Conrad Lincoln Warner for the Medical Services, Medical Adminis- establish a deficit-neutral reserve fund Corker Lugar Webb Cornyn Martinez tration, Medical Facilities, and Medical and to establish a national usury law. Es- Wicker Prosthetic Research accounts of the Vet- Crapo McCain tablishing a national usury law is not a erans Health Administration. NOT VOTING—1 radical concept. About half the States The PRESIDING OFFICER. The Sen- in our country have usury laws now, Kennedy ator from Oklahoma is recognized. capping interest rates on their books. The amendment (No. 811) was re- Mr. INHOFE. Madam President, this Unfortunately, the State usury laws jected. is one of the rare amendments we have were made meaningless by a 1978 Su- The PRESIDING OFFICER. The Sen- that is not going to cost anything but preme Court decision that allowed na- ator from Minnesota. makes a rearrangement in the flow of tional banks to charge whatever inter- CHANGE OF VOTE funding. One of the problems we are est rates they wanted if they move to Ms. KLOBUCHAR. Mr. President, having now is that in 19 out of the last States without an interest rate cap. thank you very much. And I thank the 22 years, Congress has been unsuccess- The bottom line is people all over manager of the bill. ful in passing annual funding for vet- this country are tired of bailing out I would like to change my vote on erans health care. In fact, over the last banks and then paying 25 or 30 percent rollcall vote No. 140. It was my inten- 7 years, there has been a delay aver- interest rates on their credit cards. tion to vote ‘‘nay,’’ and I voted ‘‘yea.’’ aging 3 months in the funding flow for That is wrong. We need a national I voted ‘‘yea’’ when I was presiding. I the care of veterans. usury rate, and this amendment would ask unanimous consent that my vote This can be corrected. What this begin the process of establishing one. be changed to reflect a ‘‘nay’’ vote. amendment does, it offers a solution by The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there providing advance appropriations for ator from New Hampshire. objection? veterans health care. It does not mean Mr. GREGG. Madam President, obvi- Without objection, it is so ordered. it increases the cost. It means it actu- ously, this is not the appropriate vehi- (The foregoing tally has been ally comes in—and this is used in some cle to legislate a national usury law. changed to reflect the above order.) other areas of Government. In fact, it Even if a national usury law made Mr. CONRAD. Madam President, just is interesting that in October of 2008, sense, which it does not, because this is for the information of colleagues, very then-Senator Obama, a candidate, said: clearly a States rights issue, I am not soon we are going to need to take a The way our Nation provides funding for sure what we would use here. Would we break. Floor staff have not eaten; they VA health care must be reformed. . . . My use the Koran or the Bible for setting have not had a break. So we are going administration will recommend passage of this? to have to take a break. advance appropriations legislation . . . Let’s be honest, a national usury law Before we do that, I would like to dis- For this purpose. is not a good idea. Its time has not pose of the remaining amendments in Senator DANNY AKAKA is a cosponsor come and this amendment should be this tranche, and I would ask Senator on this. I ask it be accepted. I do not defeated. BOND if we would be willing to take a need a rollcall. Mr. CONRAD. Madam President, I voice vote on his amendment if Sen- The PRESIDING OFFICER. The Sen- ask for the yeas and nays. ator STABENOW would take a voice vote ator from North Dakota. The PRESIDING OFFICER. Is there a on hers? Mr. CONRAD. Will the Senator from sufficient second? There is a sufficient Mr. BOND. Madam President, I will Oklahoma be agreeable to a voice vote second. The question is on agreeing to respond by saying that we on this side on this amendment? the amendment. would like to have a vote on the point Mr. INHOFE. Yes. The clerk will call the roll. of order on the climate legislation. Mr. CONRAD. I ask unanimous con- The bill clerk called the roll. Mr. CONRAD. So I take that as—— sent that we accept the Inhofe amend- Mr. DURBIN. I announce that the Mr. BOND. No. ment, No. 742. Senator from Massachusetts (Mr. KEN- Mr. CONRAD. Well, OK. That means The PRESIDING OFFICER. Without NEDY) is necessarily absent. two more votes. I do not know how objection, it is so ordered. The PRESIDING OFFICER. Are there many times we voted on this already. The amendment (No. 742) was agreed any other Senators in the Chamber de- But if people are insistent on having to. siring to vote? votes, we will get to stay here.

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.075 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4267 Mr. DORGAN. Would the chairman of The PRESIDING OFFICER. The Mr. BENNETT. Madam President, as- the committee yield? Is it not the case clerk will report. suming a voice vote means approval, I that most of the amendments, perhaps The legislative clerk read as follows: am willing to take a voice vote. 90 percent of the amendments we have The Senator from Michigan [Ms. Mr. CONRAD. That is in a separate voted on today, would have no real pol- STABENOW], for herself, Mr. BROWN, Mrs. category. We will have a vote on yours. icy implications? BOXER, and Mrs. SHAHEEN, proposes an Mr. GREGG. We will vote on both. Mr. CONRAD. That is probably a amendment numbered 879. Mr. CONRAD. I ask for the yeas and pretty fair estimate. The Budget Com- The amendment is as follows: nays. mittee does not have the authority to (Purpose: To modify the authorization for The PRESIDING OFFICER (Mr. tell committees of jurisdiction the spe- climate change legislation) WHITEHOUSE). Is there a sufficient sec- cifics of legislative outcomes. These On page 33, line 20, strike ‘‘or help’’ and in- ond? are message amendments, and the sert ‘‘create new jobs in a clean technology There appears to be a sufficient sec- economy, strengthen the manufacturing truth is, we all do it. We do it on both ond. competitiveness of the United States, diver- The question is on agreeing to sides. But I have to say to my col- sify the domestic clean energy supply to in- leagues, it has run amok this year. For crease the energy security of the United amendment No. 879. some reason this year we have hun- States, protect consumers (including policies The clerk will call the roll. dreds of amendments out there, and that address regional differences), provide The assistant legislative clerk called people are just stuck. Even when they incentives for cost-savings achieved through the roll. could get a voice vote and it pass, they energy efficiencies, provide voluntary oppor- Mr. DURBIN. I announce that the still want votes. We have had votes tunities for agriculture and forestry commu- Senator from Massachusetts (Mr. KEN- nities to contribute to reducing the levels of NEDY) is necessarily absent. that were nine in opposition. But that greenhouse gases in the atmosphere, and is a Senator’s right. The PRESIDING OFFICER. Are there help’’. any other Senators in the Chamber de- Mr. DORGAN. If the Senator would The PRESIDING OFFICER. The Sen- yield further for a question, might it siring to vote? ator is recognized for 1 minute. The result was announced—yeas 73, not be advisable, given the fact that Ms. STABENOW. We have had a num- most amendments have no policy im- nays 25, as follows: ber of votes that indicated what we [Rollcall Vote No. 141 Leg.] plications at all, if they are made to should not do as it relates to a climate YEAS—73 the Budget Act, just to accept all change policy. This is about what we amendments en bloc by UC and discard should do. I believe, just as with any Akaka Gillibrand Nelson (FL) Baucus Graham Nelson (NE) all of those without merit once you get piece of legislation, if it is done right, to conference? Bayh Grassley Pryor it can be very positive. Begich Hagan Reed Mr. CONRAD. The problem is, that I believe it can be about creating jobs Bennet Harkin Reid would take unanimous consent. It is and revitalizing the economy. I would Bingaman Hutchison Risch Bond Inouye Roberts very clear we cannot get unanimous like to thank Senators BROWN, BOXER, Boxer Johanns Rockefeller consent. Brown Johnson and SHAHEEN for supporting this Sanders Is Senator COBURN in the Chamber? I Brownback Kaufman amendment which lays out a frame- Schumer Burr Kerry ask unanimous consent that we set work for a balanced climate change Shaheen aside for a moment the Stabenow and Burris Klobuchar policy to create jobs and a clean tech- Byrd Kohl Snowe Bond amendments for the purpose of nology economy, strengthening manu- Cantwell Lautenberg Specter going to the Coburn amendment be- Cardin Leahy Stabenow facturing competitiveness, diversifying Tester cause I am told that Senator COBURN Carper Levin domestic clean energy supplies, pro- Casey Lieberman Thune would be willing to take a voice vote; tecting consumers, including policies Collins Lincoln Udall (CO) is that correct? that address regional differences, pro- Conrad Lugar Udall (NM) Crapo Martinez Voinovich Mr. COBURN. I would take it by vide incentives for cost savings unanimous consent. Dodd McCaskill Warner achieved through energy efficiencies, Dorgan Menendez Mr. CONRAD. Even better. I ask Webb and allowing voluntary opportunities Durbin Merkley Whitehouse unanimous consent that the Coburn Feingold Mikulski Wyden for agriculture and forestry to partici- Feinstein Murray amendment, No. 894, be adopted. pate in this process of lowering green- The PRESIDING OFFICER. Without house gases. NAYS—25 objection, it is so ordered. I ask for support from my colleagues. Alexander DeMint McCain The amendment (No. 894) was agreed The PRESIDING OFFICER. Who Barrasso Ensign McConnell to, as follows: Bennett Enzi Murkowski yields time in opposition? Bunning Gregg Sessions (Purpose: To provide a deficit-neutral re- Mr. GREGG. Would the Senator take Chambliss Hatch serve fund to set performance standards to Shelby a voice vote? Coburn Inhofe Vitter identify failing Government programs) Ms. STABENOW. My question, I Cochran Isakson Wicker On page 49, between lines 3 and 4, insert guess, through the Chair would be, is Corker Kyl the following: Cornyn Landrieu Senator BOND also willing to take a SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR voice vote on his amendment? NOT VOTING—1 SETTING PERFORMANCE STAND- Kennedy ARDS TO IDENTIFY FAILING GOV- Mr. BOND. Madam President, my ERNMENT PROGRAMS. amendment shoots with real bullets. It The amendment (No. 879) was agreed The Chairman of the Senate Committee on provides a Budget Act point of order to. the Budget may revise the allocations of a for any climate change legislation that Mr. CONRAD. Mr. President, I move committee or committees, aggregates, and brings in more revenue than that set to reconsider the vote, and I move to other appropriate levels and limits in this forth in the budget resolution. lay that motion on the table. resolution for one or more bills, joint resolu- So it does—if that will be accepted by tions, amendments, motions, or conference The motion to lay on the table was reports that would develop performance voice vote, it is creating a new Budget agreed to. measures for each program receiving Federal Act point of order. We would like a The PRESIDING OFFICER. The ma- assistance under their jurisdiction, by the vote. But it does have real teeth. jority leader is recognized. amounts provided in that legislation for that Mr. CONRAD. I would just say to the f purpose, provided that such legislation Senator, we would be willing to take would not increase the deficit over either the yours on a voice vote, Senator RECESS period of the total of fiscal years 2009 STABENOW’s on a voice vote, then go to Mr. REID. Mr. President, I have con- through 2014 or the period of the total of fis- the Bennett for a vote. And we could ferred with the Republican leader. I cal years 2010 through 2019. take a break because people have not have conferred with the two managers AMENDMENT NO. 879 had a break. of the bill. Mr. CONRAD. I thank our colleague. We have voted on this over and over I ask unanimous consent that the That takes us back to Stabenow and over. I do not think the record Senate stand in recess until 6 o’clock amendment No. 879. could be more clear. this evening.

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.078 S02APPT1 rfrederick on PROD1PC67 with SENATE S4268 CONGRESSIONAL RECORD — SENATE April 2, 2009 The PRESIDING OFFICER. Is there (Purpose: To protect workers from signifi- STABENOW, who had the time in opposi- objection? cant job loss by providing a point of order tion, I wish to indicate that what the Mr. CONRAD. Mr. President, reserv- against climate change or similar legisla- Senator is talking about is not part of ing the right to object, if we could have tion that raises Federal revenues to such the chairman’s mark. The chairman’s an extent that it causes significant job loss the attention of the Members so we can in manufacturing- or coal-dependent U.S. mark provides an energy initiatives re- explain what we are trying to do. I say regions such as the Midwest, Great Plains serve fund. It is entirely up to the com- to Senator BOND, yours will be the first or South) mittees of jurisdiction what legislation vote when we come back. I say to col- On page 68, after line 4, insert the fol- they write to reduce our dependence on leagues, we need to take a break to try lowing: foreign energy, to deal with global cli- to put together a managers’ package SEC.lll. POINT OF ORDER AGAINST LEGISLA- mate change. This resolution makes and determine the final amendments TION THAT CAUSES SIGNIFICANT absolutely no determination about that require a vote. That will take a JOB LOSS. what those committees will report. The (a) IN GENERAL.—After a concurrent reso- little bit of time to best organize so we lution on the budget is agreed to, it shall not effect of this amendment, to me, is a do not waste everyone’s time. In addi- be in order in the Senate to consider any nullity because it is creating a budget tion, some people have not had a break bill, resolution, amendment between Houses, point of order against something that who have not eaten. They have not had motion, or conference report that— does not exist in the chairman’s mark. any breaks since 11 o’clock this morn- (1) would cause revenues to be more than I ask my colleagues to oppose this ing, especially the staff. We wish to the level of revenues set forth for that first amendment, on behalf of Senator fiscal year or for the total of that fiscal year emphasize we need to take this 45- STABENOW. and the ensuing fiscal years in the applicable Mr. BOND. Will the Senator yield? minute break. resolution for which allocations are provided Members who have multiple amend- under section 302(a) of the Congressional The PRESIDING OFFICER. The Sen- ments, at least with respect to our Budget Act of 1974, and (2) would cause sig- ator’s time has expired. side, are going to have a much better nificant job loss in manufacturing- or coal- The question is on agreeing to the chance getting some amendment ac- dependent regions of the United States such amendment. cepted if they are a little reasonable on as the Midwest, Great Plains or South. The yeas and nays were previously (b) SUPERMAJORITY WAIVER and APPEAL.— their other amendments; in other ordered. (1) WAIVER.—This section may be waived or The clerk will call the roll. words, prioritize, please. Let’s try to suspended in the Senate only by an affirma- The legislative clerk called the roll. work down. Some people have six tive vote of three-fifths of the Members, duly Mr. DURBIN. I announce that the amendments remaining. We need to try chosen and sworn. Senator from Massachusetts (Mr. KEN- to prioritize. During this period, if peo- (2) APPEAL.—An affirmative vote of three- fifths of the Members, duly chosen and NEDY) is necessarily absent. ple who have remaining amendments The result was announced—yeas 54, can come to us and tell us what are sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on nays 44, as follows: their priorities; we can’t do them all. a point of order raised under this section. [Rollcall Vote No. 142 Leg.] I thank the Chair and yield the floor. Mr. BOND. Mr. President, I ask for YEAS—54 We will resume at 6 o’clock. the yeas and nays. Alexander Dorgan Martinez The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a Barrasso Ensign McCain objection, the Senate stands in recess sufficient second? There appears to be. Baucus Enzi McConnell until 6 o’clock. The yeas and nays were ordered. Bayh Feingold Murkowski Thereupon, the Senate, at 5:19 p.m., Bennett Graham Nelson (NE) The PRESIDING OFFICER. The Sen- Bond Grassley Pryor recessed until 6:01 p.m. and reassem- ator from Missouri is recognized. Brownback Gregg Risch bled when called to order by the Pre- Mr. BOND. Mr. President, this Bunning Hagan Roberts siding Officer (Mr. REID). amendment provides a new point of Burr Hatch Rockefeller Byrd Hutchison Sessions order to prevent climate change legis- Chambliss Inhofe Shelby f lation from raising more revenue than Coburn Isakson Snowe in the resolution, killing jobs in the Cochran Johanns Specter coal and manufacturing-dependent re- Collins Kohl Tester CONGRESSIONAL BUDGET FOR Corker Kyl Thune THE UNITED STATES GOVERN- gions of the United States, such as the Cornyn Landrieu Vitter MENT FOR FISCAL YEAR 2010— Midwest, the Great Plains, and the Crapo Lincoln Voinovich DeMint Lugar Wicker Continued South. There is no question climate change NAYS—44 Mr. CONRAD. Mr. President, I sug- legislation will raise trillions of dollars Akaka Gillibrand Murray gest the absence of a quorum. in Federal revenue through its Govern- Begich Harkin Nelson (FL) The PRESIDING OFFICER. The ment auction of carbon allowances. Bennet Inouye Reed clerk will call the roll. President Obama said ‘‘electricity Bingaman Johnson Reid Boxer Kaufman The legislative clerk proceeded to rates would necessarily skyrocket.’’ Sanders Brown Kerry Schumer call the roll. This new energy tax will kill jobs in Burris Klobuchar Shaheen Mr. BOND. Mr. President, I ask unan- energy-intensive sectors such as manu- Cantwell Lautenberg Stabenow Cardin Leahy imous consent that the order for the Udall (CO) facturing, auto assembly, steel, ce- Carper Levin Udall (NM) quorum call be rescinded. ment, plastics, glass, and fertilizer. Casey Lieberman Warner The PRESIDING OFFICER (Mr. BEN- Experts predicted last year’s Conrad McCaskill Webb NET). Without objection, it is so or- Lieberman-Warner cap-and-trade bill Dodd Menendez Durbin Merkley Whitehouse dered. would have killed 3 million to 4 million Feinstein Mikulski Wyden AMENDMENT NO. 926 jobs. The Northeast and west coast will avoid the full impacts because they NOT VOTING—1 Mr. BOND. Mr. President, I call up Kennedy amendment No. 926 and ask for its im- rely on lower carbon natural gas to mediate consideration. generate electricity. However, climate The amendment (No. 926) was agreed The PRESIDING OFFICER. The legislation will hit hard the coal and to. clerk will report. manufacturing-dependent Midwest, Mr. REID. I move to reconsider the vote, and I move to lay that motion on The legislative clerk read as follows: Great Plains, and South. I ask my colleagues to protect our the table. The Senator from Missouri [Mr. BOND] pro- workers by supporting this amend- The motion to lay on the table was poses an amendment numbered 926. ment. agreed to. Mr. BOND. Mr. President, I ask unan- The PRESIDING OFFICER. The Sen- Mr. REID. I suggest the absence of a imous consent that the reading of the ator’s time has expired. quorum. amendment be dispensed with. The Senator from North Dakota is The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without recognized. BEGICH). The clerk will call the roll. objection, it is so ordered. Mr. CONRAD. Mr. President, on be- The legislative clerk proceeded to The amendment is as follows: half of the Senator from Michigan, Ms. call the roll.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.082 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4269 Mr. CONRAD. Mr. President, I ask On page 10, line 3, decrease amount by On page 19, line 3, decrease amount by unanimous consent that the order for $114,000,000. $29,963,000,000. the quorum call be rescinded. On page 10, line 4, decrease amount by On page 19, line 4, decrease amount by The PRESIDING OFFICER. Without $114,000,000. $29,963,000,000. On page 10, line 7, decrease amount by On page 19, line 7, decrease amount by objection, it is so ordered. $50,000,000. $4,011,000,000. Mr. CONRAD. Mr. President, the next On page 10, line 8, decrease amount by On page 19, line 8, decrease amount by amendment to be dealt with is Bennett $50,000,000. $4,011,000,000. amendment No. 954. On page 11, line 25, decrease amount by On page 19, line 10, decrease amount by The PRESIDING OFFICER. The Sen- $1,095,000,000. $262,000,000. ator from Utah. On page 12, line 1, decrease amount by On page 19, line 11, decrease amount by $1,095,000,000. $262,000,000. AMENDMENT NO. 954, AS MODIFIED On page 12, line 4, decrease amount by On page 20, line 3, decrease amount by Mr. BENNETT. Mr. President, I call $750,000,000. $6,421,000,000. up amendment 954, as modified. On page 12, line 5, decrease amount by On page 20, line 4, decrease amount by The PRESIDING OFFICER. The $750,000,000. $6,421,000,000. clerk will report. On page 12, line 8, decrease amount by On page 20, line 7, decrease amount by The legislative clerk read as follows: $174,000,000. $3,157,000,000. On page 12, line 9, decrease amount by On page 20, line 8, decrease amount by The Senator from Utah [MR. BENNETT] proposes an amendment numbered 954, as modi- $174,000,000. $3,157,000,000. On page 12, line 12, decrease amount by On page 20, line 11, decrease amount by fied. $63,000,000. $842,000,000. The amendment is as follows: On page 12, line 13, decrease amount by On page 20, line 12, decrease amount by (Purpose: To save the American taxpayer $63,000,000. $842,000,000. over $150,000,000,000 by adjusting spending On page 13, line 25, decrease amount by On page 20, line 15, decrease amount by levels beyond fiscal year 2010 to com- $13,760,000,000. $183,000,000. pensate for spending from the stimulus bill On page 14, line 1, decrease amount by On page 20, line 16, decrease amount by in the corresponding fiscal years) $13,760,000,000. $183,000,000. On page 4, line 15, decrease amount by On page 14, line 4, decrease amount by On page 23, line 3, decrease amount by $76,325,000,000. $11,759,000,000. $133,000,000. On page 4, line 16, decrease amount by On page 14, line 5, decrease amount by On page 23, line 4, decrease amount by $38,065,000,000. $11,759,000,000. $133,000,000. On page 4, line 17, decrease amount by On page 14, line 8, decrease amount by On page 23, line 7, decrease amount by $22,872,000,000. $7,728,000,000. $150,000,000. On page 4, line 18, decrease amount by On page 14, line 9, decrease amount by On page 23, line 8, decrease amount by $12,787,000,000. $7,728,000,000. $150,000,000. On page 4, line 24, decrease amount by On page 14, line 12, decrease amount by On page 23, line 11, decrease amount by $76,325,000,000. $5,419,000,000. $150,000,000. On page 4, line 25, decrease amount by On page 14, line 13, decrease amount by On page 23, line 12, decrease amount by $38,065,000,000. $5,419,000,000. $150,000,000. On page 5, line 1, decrease amount by On page 14, line 25, decrease amount by On page 24, line 3, decrease amount by $22,872,000,000. $5,685,000,000. $297,000,000. On page 5, line 2, decrease amount by On page 14, line 1, decrease amount by On page 24, line 4, decrease amount by $12,787,000,000. $5,685,000,000. $297,000,000. On page 5, line 8, decrease amount by On page 14, line 4, decrease amount by On page 24, line 7, decrease amount by $76,325,000,000. $4,111,000,000. $133,000,000. On page 5, line 9, decrease amount by On page 14, line 4, decrease amount by On page 24, line 8, decrease amount by $38,065,000,000. $4,111,000,000. $133,000,000. On page 5, line 10, decrease amount by On page 15, line 8, decrease amount by On page 25, line 3, decrease amount by $22,872,000,000. $2,286,000,000. $848,000,000. On page 5, line 11, decrease amount by On page 15, line 9, decrease amount by On page 25, line 4, decrease amount by $12,787,000,000. $2,286,000,000. $848,000,000. On page 5, line 18, decrease amount by On page 15, line 12, decrease amount by On page 25, line 7, decrease amount by $76,325,000,000. $468,000,000. $649,000,000. On page 5, line 19, decrease amount by On page 15, line 13, decrease amount by On page 25, line 8, decrease amount by $114,390,000,000. $468,000,000. $649,000,000. On page 5, line 20, decrease amount by On page 15, line 25, decrease amount by On page 25, line 11, decrease amount by $137,262,000,000. $5,584,000,000. $750,000,000. On page 5, line 21, decrease amount by On page 16, line 1, decrease amount by On page 25, line 12, decrease amount by $150,049,000,000. $5,584,000,000. $750,000,000. On page 6, line 1, decrease amount by On page 16, line 4, decrease amount by On page 26, line 3, decrease amount by $76,325,000,000. $4,284,000,000. $1,400,000,000. On page 6, line 2, decrease amount by On page 16, line 5, decrease amount by On page 26, line 4, decrease amount by $114,390,000,000. $4,284,000,000. $1,400,000,000. On page 6, line 3, decrease amount by On page 16, line 8, decrease amount by On page 26, line 7, decrease amount by $137,262,000,000. $3,047,000,000. $1,196,000,000. On page 6, line 4, decrease amount by On page 16, line 9, decrease amount by On page 26, line 8, decrease amount by $150,049,000,000. $3,047,000,000. $1,196,000,000. On page 9, line 24, decrease amount by On page 16, line 12, decrease amount by On page 26, line 11, decrease amount by $960,000,000. $531,000,000. $1,024,000,000. On page 9, line 25, decrease amount by On page 16, line 13, decrease amount by On page 26, line 12, decrease amount by $960,000,000. $531,000,000. $1,024,000,000. On page 10, line 3, decrease amount by On page 16, line 25, decrease amount by On page 26, line 15, decrease amount by $634,000,000. $8,785,000,000. $504,000,000. On page 10, line 4, decrease amount by On page 17, line 1, decrease amount by On page 26, line 16, decrease amount by $634,000,000. $8,785,000,000. $504,000,000. On page 10, line 7, decrease amount by On page 17, line 4, decrease amount by On page 27, line 3, decrease amount by $277,000,000. $7,035,000,000. $857,000,000. On page 10, line 8, decrease amount by On page 17, line 5, decrease amount by On page 27, line 4, decrease amount by $277,000,000. $7,035,000,000. $857,000,000. On page 10, line 11, decrease amount by On page 17, line 8, decrease amount by On page 27, line 7, decrease amount by $104,000,000. $6,052,000,000. $457,000,000. On page 10, line 12, decrease amount by On page 17, line 9, decrease amount by On page 27, line 8, decrease amount by $104,000,000. $6,052,000,000. $457,000,000. On page 10, line 24, decrease amount by On page 17, line 12, decrease amount by On page 27, line 11, decrease amount by $162,000,000. $5,422,000,000. $230,000,000. On page 10, line 25, decrease amount by On page 17, line 13, decrease amount by On page 27, line 12, decrease amount by $162,000,000. $5,422,000,000. $230,000,000.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.091 S02APPT1 rfrederick on PROD1PC67 with SENATE S4270 CONGRESSIONAL RECORD — SENATE April 2, 2009 On page 27, line 15, decrease amount by [Rollcall Vote No. 143 Leg.] Mr. CONRAD. Mr. President, we need $93,000,000. YEAS—42 to alert colleagues that we really need On page 27, line 16, decrease amount by Alexander DeMint McCain them, if they have amendments, to be $93,000,000. Barrasso Ensign McConnell on the floor or in the cloakroom. We Bennett Enzi Murkowski have amendments that we are ready to Mr. CONRAD. Mr. President, we have Bond Graham Nelson (NE) not seen the modification. Brownback Grassley Risch go to, but we can’t find the Senators. Mr. BENNETT. I have only one copy Bunning Gregg Roberts So let me just tell you, if we can’t find Burr Hatch Sessions the Senators, they are going to lose which I gave the clerk. We found that Chambliss Hutchison Shelby some of the numbers had been omitted. Coburn Inhofe Snowe their chance to offer their amendment. Mr. CONRAD. Mr. President, I sug- Cochran Isakson Specter We are going to give a 5-minute grace Collins Johanns Thune gest the absence of a quorum. period, but if Senators have amend- Corker Kyl Vitter ments, they have to be in a place where Cornyn Lugar Voinovich The PRESIDING OFFICER. The we can reach them. clerk will call the roll. Crapo Martinez Wicker NAYS—56 AMENDMENT NOS. 889, 881, 955, 809, 912, 794, 876, 899, The bill clerk proceeded to call the 883, 970, 820, 887, 917, 838, AND 916 roll. Akaka Feinstein Mikulski Baucus Gillibrand Murray Mr. President, we are ready to go to Mr. CONRAD. Mr. President, I ask Bayh Hagan Nelson (FL) the next managers’ package. unanimous consent that the order for Begich Harkin Pryor I ask unanimous consent that the the quorum call be rescinded. Bennet Inouye Reed managers’ package be considered en Bingaman Johnson The PRESIDING OFFICER. Without Reid bloc and agreed to en bloc. It includes Boxer Kaufman Rockefeller objection, it is so ordered. Brown Kerry Sanders the following: Klobuchar amendment Burris Klobuchar Schumer No. 889, Dorgan amendment No. 881, Mr. CONRAD. Mr. President, Senator Byrd Kohl Shaheen BENNETT can conclude his remarks. Cantwell Landrieu Dodd amendment No. 955, Brown Stabenow The PRESIDING OFFICER. The Sen- Cardin Lautenberg amendment No. 809, Begich amendment Carper Leahy Tester No. 912, Pryor amendment No. 794, Lin- ator from Utah. Udall (CO) Casey Levin coln-Snowe amendment No. 876, Lin- Mr. BENNETT. Mr. President, ac- Conrad Lieberman Udall (NM) Warner coln-Snowe amendment No. 899, Collins cording to CBO, the stimulus bill will Dodd Lincoln Dorgan McCaskill Webb amendment No. 883, Hatch amendment spend over $150 billion between fiscal Durbin Menendez Whitehouse No. 970, Enzi amendment No. 820, years 2011 and 2014. My amendment will Feingold Merkley Wyden Klobuchar amendment No. 887, remove that amount from this budget NOT VOTING—1 McCaskill amendment No. 917, Dorgan resolution because it seems to me we Kennedy amendment No. 838, and Tester amend- do not need to fund the same things ment No. 916. twice. The amendment (No. 954 was rejected. The PRESIDING OFFICER. The By reducing the proposed spending Mr. CONRAD. Mr. President, we are Chair would like to clarify that it is amounts in the budget resolution, Con- now making significant progress on Enzi amendment No. 820? gress will be recognizing that we have putting together a managers’ package Mr. CONRAD. Enzi. That is correct. already passed money to spend in that and on putting together those amend- The PRESIDING OFFICER. Is there area. For those who say, yes, but the ments that will require a vote. We still objection? There is no objection, and it stimulus is different, we are all hoping have a certain amount of clearing to be is so ordered. that the need for stimulus will be done in order to be ready to go to those The amendments were agreed to, en passed by the time we get to 2014 and it final lists and get them locked in, but bloc, as follows: will not be stimulative but, rather, in- that work is going on right now be- AMENDMENT NO. 889 flationary. It is for that reason that I tween the two sides. (Purpose: To establish a deficit-neutral re- offer the amendment. Let me just give a status report, if I serve fund to expedite research at the De- The PRESIDING OFFICER. The Sen- could. We are down to about 55 amend- partment of Energy and the Environ- ator from North Dakota. ments. That is pretty good, given the mental Protection Agency on the viability Mr. CONRAD. Mr. President, the fact we started at 231. But 55 at 3 an of the use of higher ethanol blends at the service station pump) Senator’s amendment would eliminate hour would be another 18 hours. So the 20 percent of the economic recovery word needs to go out that we are ask- At the appropriate place in title II, insert the following: package we passed weeks ago. The Sen- ing colleagues who can withhold on SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND ator’s amendment would cut defense by amendments that they have filed to TO EXPEDITE RESEARCH ON VIABIL- over $2 billion, would cut veterans by use them for a later date. Those who ITY OF USE OF HIGHER ETHANOL over $400 million, would cut areas in would be willing to accept a voice vote, BLENDS AT SERVICE STATION PUMP. education, health, and infrastructure. if they could make certain our staffs (a) IN GENERAL.—Subject to subsection (b), the Chairman of the Committee on the Budg- If there is one thing that united this are notified of that, we will then be able to proceed in the most efficient et of the Senate may revise the allocations, body, it was investments in infrastruc- aggregates, and other levels in this resolu- ture, much of what would be cut under way possible. tion by the amounts provided by a bill, joint this amendment. Mr. President, we also should notify resolution, amendment, motion, or con- I urge my colleagues to vote no. Members that at 8 p.m., give or take a ference report that would expedite research few minutes, we intend to vote on the at the Department of Energy and the Envi- The PRESIDING OFFICER. The amendment on estate tax. That is the ronmental Protection Agency on the viabil- question is on agreeing to the amend- Lincoln-Kyl amendment. We just want ity of the use of higher ethanol blends at the ment. to give people a heads-up that the service station pump. Mr. CONRAD. I ask for the yeas and amendment will be voted on at about (b) DEFICIT NEUTRALITY.—Subsection (a) nays. applies only if the legislation described in that time—roughly 8 p.m., give or subsection (a) would not increase the deficit The PRESIDING OFFICER. Is there a take. over the period of the total of fiscal years sufficient second? With that, I suggest the absence of a 2009 through 2014 or the period of the total of There appears to be a sufficient sec- quorum. fiscal years 2009 through 2019. ond. The PRESIDING OFFICER. The AMENDMENT NO. 881 The clerk will call the roll. clerk will call the roll. (Purpose: To provide for the use of the def- The legislative clerk proceeded to The bill clerk called the roll. icit-neutral reserve fund for tax relief to call the roll. extend and expand the charitable IRA roll- Mr. DURBIN. I announce that the Mr. CONRAD. Mr. President, I ask over) Senator from Massachusetts (Mr. KEN- unanimous consent that the order for On page 38, line 19, insert ‘‘, such as en- NEDY) is necessarily absent. the quorum call be rescinded. hanced charitable giving from individual re- The result was announced—yeas 42, The PRESIDING OFFICER. Without tirement accounts, including life-income nays 56, as follows: objection, it is so ordered. gifts,’’ before ‘‘or refundable tax relief’’.

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AMENDMENT NO. 955 committees, aggregates, and other appro- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND (Purpose: To increase funding for the Mater- priate levels and limits in this resolution for TO IMPROVE ANIMAL HEALTH AND DISEASE PROGRAM. nal and Child Health Block Grant within one or more bills, joint resolutions, amend- (a) IN GENERAL.—Subject to subsection (b), the Health Resources and Services Admin- ments, motions, or conference reports that the Chairman of the Committee on the Budg- istration by $188 million in FY 2010) increase drug interdiction funding at the De- partment of Homeland Security to combat et of the Senate may revise the allocations, On page 19, line 24, increase the amount by drug smuggling across international borders aggregates, and other levels in this resolu- $188,000,000. by the amounts provided in such legislation tion by the amounts provided by a bill, joint On page 19, line 25, increase the amount by for those purposes, provided that such legis- resolution, amendment, motion, or con- $56,000,000. lation would not increase the deficit over ei- ference report that would ensure that the On page 20, line 4, increase the amount by ther the period of the total of fiscal years animal health and disease program estab- $81,000,000. 2009 through 2014 or the period of the total of lished under section 1433 of the National Ag- On page 20, line 8, increase the amount by fiscal years 2009 through 2019. ricultural Research, Extension, and Teach- $34,000,000. ing Policy Act of 1977 (7 U.S.C. 3195) is fully On page 20, line 12, increase the amount by AMENDMENT NO. 876 (Purpose: To ensure that health coverage is funded. $13,000,000. (b) DEFICIT NEUTRALITY.—Subsection (a) affordable to small businesses and individ- On page 27 line 23, decrease the amount by applies only if the legislation described in uals who are self-employed) $188,000,000. subsection (a) would not increase the deficit On page 27, line 24, decrease the amount by On page 30, line 10, strike ‘‘, households’’ over the period of the total of fiscal years $56,000,000. and insert ‘‘(in particular to small business 2009 through 2014 or the period of the total of On page 28, line 3, decrease the amount by and individuals who are self-employed), fiscal years 2009 through 2019. $81,000,000. households’’. AMENDMENT NO. 887 On page 28, line 7, decrease the amount by AMENDMENT NO. 899 $34,000,000. (Purpose: To provide for a deficit-neutral re- (Purpose: To establish a deficit-neutral re- On page 28, line 11, decrease the amount by serve fund to promote individual savings serve fund to promote payment policies $13,000,000. and financial security, and for other pur- under the Medicare program that reward quality and efficient care and address geo- AMENDMENT NO. 809 poses) graphic variations in spending) (Purpose: To modify the deficit-neutral re- At the appropriate place, insert the fol- serve fund for Clean Energy to create jobs lowing: On page 32, line 10, after ‘‘increases;’’ in- and strengthen American manufacturing SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO sert ‘‘or’’ and the following: competitiveness by establishing clean re- PROMOTE INDIVIDUAL SAVINGS AND (4) promote payment policies under the newable energy manufacturing supply FINANCIAL SECURITY. Medicare program that reward quality and chains) The chairman of the Committee on the efficient care and address geographic vari- Budget of the Senate may revise the aggre- ations in spending; On page 33, line 2, after ‘‘development,’’, gates, allocations, and other appropriate lev- insert ‘‘strengthen and retool manufacturing AMENDMENT NO. 917 els in this resolution for one or more bills, supply chains,’’. (Purpose: To expand the matters covered by joint resolutions, amendments, motions, or the deficit-neutral reserve fund for defense AMENDMENT NO. 912 conference reports that promote financial se- acquisition and contracting reform) (Purpose: To include in the deficit-neutral curity through financial literacy, retirement reserve fund for America’s veterans and planning, and savings incentives, including On page 43, after line 24, add the following: wounded servicemembers funding author- individual development accounts and child (4) reduce the award of contracts to con- ity for retirement benefits for members of savings accounts, provided that such legisla- tractors with seriously delinquent tax debts; the Alaska Territorial Guard who served tion does not increase the deficit over either (5) reduce the use of contracts, including during and after World War II) the period of the total fiscal years 2009 the continuation of task orders, awarded under the Logistics Civil Augmentation Pro- On page 41, line 24, insert after ‘‘Indemnity through 2014 or the period of the total fiscal years 2009 through 2019. gram (LOGCAP) III; Compensation,’’ the following: ‘‘provide for (6) reform Department of Defense processes AMENDMENT NO. 883 the payment of retired pay for members of for acquiring services in order to reduce the Alaska Territorial Guard who served in (Purpose: To ensure that the deficit-neutral costs, improve costs and schedule esti- the Alaska Territorial Guard during and reserve fund for higher education may be mation, enhance oversight, or increase the after World War II,’’. used for Federal TRIO programs and Gain- rigor of reviews of programs that experience AMENDMENT NO. 794 ing Early Awareness and Readiness for Un- critical cost growth; dergraduate Programs) (Purpose: To establish deficit-neutral reserve (7) reduce the use of contracts for acquisi- funds to enhance and coordinate drug con- On page 34, line 13, insert ‘‘such as by in- tion, oversight, and management support trol efforts among Federal, State, and vesting in programs such as the programs services; or local law enforcement agencies through under chapters 1 and 2 of subpart 2 of part A (8) enhance the capability of auditors and the expansion of the High Intensity Drug of title IV of the Higher Education Act of inspectors general to oversee Federal acqui- Trafficking Areas program and increased 1965 (20 U.S.C. 1070a–11 et seq., 1070a–21 et sition and procurement; seq.),’’ after ‘‘students,’’. drug interdiction funding at the Depart- AMENDMENT NO. 838 AMENDMENT NO. 970 ment of Homeland Security) (Purpose: To ensure full funding for Adam (Purpose: To establish a deficit-neutral re- On page 49, between lines 3 and 4, insert Walsh Act programs, with an offset) the following: serve fund to support the National Health Service Corps) On page 24, line 24, increase the amount by SEC. lll. DEFICIT-NEUTRAL RESERVE FUNDS $23,000,000. On page 49, between lines 3 and 4, insert TO ENHANCE DRUG-CONTROL EF- On page 24, line 25, increase the amount by the following: FORTS WITHIN OUR COMMUNITIES $16,000,000. AND ALONG OUR BORDERS. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR On page 25, line 4, increase the amount by (a) HIDTA.—The Chairman of the Senate THE NATIONAL HEALTH SERVICE CORPS. $4,000,000. Committee on the Budget may revise the al- On page 25, line 8, increase the amount by locations of a committee or committees, ag- The Chairman of the Senate Committee on the Budget may revise the allocations of a $2,000,000. gregates, and other appropriate levels and On page 25, line 12, increase the amount by limits in this resolution for one or more committee or committees, aggregates, and other appropriate levels and limits in this $1,000,000. bills, joint resolutions, amendments, mo- On page 27, line 23, decrease the amount by tions, or conference reports that increase the resolution for one or more bills, joint resolutions, amendments, motions or conference $23,000,000. number of counties designated as High Inten- On page 27, line 24, decrease the amount by sity Drug Trafficking Areas to provide co- reports that provide the National Health Service Corps with $235,000,000 for fiscal year $16,000,000. ordination, equipment, technology, and addi- On page 28, line 3, decrease the amount by tional resources to combat drug trafficking 2010, by the amount provided in that legislation for those purposes, provided that such $4,000,000. and its harmful consequences in critical re- On page 28, line 7, decrease the amount by gions of the United States by the amounts legislation would not increase the deficit over either the period of the total for fiscal $2,000,000. provided in such legislation for those pur- years 2009 through 2014 or the period of the On page 28, line 11, decrease the amount by poses, provided that such legislation would total for fiscal years 2009 through 2019. $1,000,000. not increase the deficit over either the pe- AMENDMENT NO 916 riod of the total of fiscal years 2009 through AMENDMENT NO. 820 2014 or the period of the total of fiscal years (Purpose: To establish a deficit-neutral re- (Purpose: To increase funding for veterans 2009 through 2019. serve fund to improve the animal health beneficiary travel reimbursement mileage (b) DRUG SMUGGLING.—The Chairman of and disease program) rate, with an offset) the Senate Committee on the Budget may At the appropriate place in title II, insert On page 23, line 24, increase the amount by revise the allocations of a committee or the following: $133,000,000.

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.078 S02APPT1 rfrederick on PROD1PC67 with SENATE S4272 CONGRESSIONAL RECORD — SENATE April 2, 2009 On page 23, line 25, increase the amount by my colleague Senator LINCOLN. Our bi- coverage this year, it will fully con- $133,000,000. partisan amendment would simply sider the issue of small business health On page 27, line 23, decrease the amount by clarify that a deficit-neutral reserve insurance reform. $133,000,000. On page 27, line 24, decrease the amount by that would transform the health sys- AMENDMENT NO. 899 $133,000,000. tem will specifically address the needs I rise as a cosponsor to support of small businesses and the self-em- AMENDMENT NO. 881 amendment No. 899 introduced by my ployed. More than half—52 percent—of Mr. GRASSLEY. Mr. President, I rise colleague Senator BLANCHE LINCOLN our nation’s uninsured either work for to express my concerns about the Dor- that creates a deficit neutral reserve a small business or are dependent on gan-Snow amendment No. 881. fund to promote financial security someone who does. Yet remarkably, The IRA rollover was first enacted as through financial literacy, retirement this budget resolution fails to even temporary provision in the Pension planning, and savings incentives, in- mention the crucial priority of small Protection Act which I championed in cluding individual development ac- business health insurance reform. 2006. Rollovers to grant-making chari- counts and child savings accounts. I As former chair and now ranking table organizations with some element am proud that we have worked to- member of the Senate Committee on of donor control, such as private foun- gether on the issue of financial secu- Small Business and Entrepreneurship, dations, donor advised funds, and sup- rity and financial literacy over the last one of the top issues facing small busi- porting organizations, were specifically several years, in particular on the issue ness continues to be access to afford- prohibited. These entities were specifi- of individual development accounts, able health insurance. Since 2000, cally prohibited from receiving roll- IDAs, that will allow low-income indi- health insurance premiums have in- over funds because I wanted to make viduals to pay for education expenses, creased by 89 percent—far outpacing sure that the money would actually get first-time homebuyer costs, and busi- inflation and wage gains, and only 49 to charities doing work on the ness capitalization or expansion costs. percent of our Nation’s smallest em- I join Senator LINCOLN in support of frontlines rather than sit in a donor- ployers, with less than 10 employees, this crucial amendment because we controlled account. are now able to offer health insurance The provision has become one of the must boost savings in the United to their employees as a workplace ben- annual ‘‘tax extender’’ provisions. So States, as a sound national savings pol- efit. icy is essential to helping Americans under current law, which expires De- Further compounding the crisis, cember 31, 2009, an individual may roll- build a better future for themselves. small businesses are trapped in dys- Higher rates of saving can also over up to $100,000 from their IRA to a functional markets that possess little, public charity but not to one of the strengthen the national economy. A if any, meaningful competition among paradox of the current economic reces- prohibited entities. Amendment No. 881 insurers. Just last month, the Govern- to the budget resolution, S. Con. Res. sion is that our national savings rate ment Accountability Office released a has risen as Americans prepare for pos- 13, promotes the extension of current- report that I requested, along with law regarding IRA rollovers to charity, sible bad times ahead. Personal saving, Senators BOND, DURBIN, and LINCOLN, which I also support. as a percentage of disposable personal which highlighted an alarming trend of income, was 4.2 percent in February. It However, the amendment also pro- consolidation in the state small group motes an expansion of the provision by was 4.4 percent in January. The last insurance markets. For example, the time the saving rate exceeded 4.0 per- allowing split-interest trusts to receive combined market share of the five IRA rollover contributions. Split-inter- cent two straight months was August largest carriers represented 75 percent and September 1998, up 4.3 percent and est trusts are more worrisome than or more in 34 of 39 States surveyed, those that are currently prohibited 4.2 percent, respectively. compared to 26 States in 2005. Large in- It was more than 10 years ago the from receiving IRA rollover contribu- surers dominated over 90 percent of the last time we had a savings rate above 4 tions. These trusts allow donors to re- market in 23 States, including Maine, percent. I am glad to see it happening, tain an income stream from the con- where five insurers now control 96 per- but we need to increase education on tributed assets for a defined period. So, cent of the market. financial security so that Americans just like with donor-advised funds and The sad truth remains that small have a cushion to get through difficult supporting organizations, the contribu- business insurance markets continue economic times. I thank the new Chair- tion does not result in an immediate to lack competition among insurers. man of the Subcommittee on Social benefit to a charity actually providing No competition means higher costs, Security, Pensions and Family Policy services while the donor receives sig- and higher costs translate to no health for adding me as a cosponsor of this nificant tax benefits at the time of the insurance. amendment. contribution. That is why I will soon reintroduce, Mr. CONRAD. Mr. President, I thank The cost of extending current law with Assistant Majority Leader DURBIN all our colleagues for cooperating on through 2009 was almost $1 billion—ex- and Senator LINCOLN, the Small Busi- these managers’ packages. We are panding the IRA rollover provision to ness Health Options Program—SHOP— working to clear additional amend- allow more entities to receive them Act, a bipartisan measure that has gen- ments right now. I think at this point, would increase the cost. Before we do erated a broad array of support, includ- until Senator GREGG returns, we need that, I believe we should make sure ing NFIB, the National Association of to note the absence of a quorum. that grant-making entities, including Realtors, SEIU, AARP, and Families The PRESIDING OFFICER. The split-interest trusts, are accountable USA. Our bipartisan measure would in- clerk will call the roll. for paying out minimum amounts to ject competition into reformed state The bill clerk proceeded to call the actual charities before we allow them insurance markets, allow small busi- roll. to receive IRA rollovers. nesses and the self employed to pool to- Mr. CONRAD. Mr. President, I ask I understand that Senator DORGAN is gether nationally, and provide a tar- unanimous consent the order for the willing to work with me and my staff if geted tax credit to small business own- quorum call be rescinded. and when Senator BAUCUS and I con- ers. I firmly believe that the policies in The PRESIDING OFFICER. Without sider an expansion of the IRA rollover the SHOP Act, including fairer insur- objection, it is so ordered. provision in the Finance Committee. In ance ‘‘rating’’ rules that are not based AMENDMENT NO. 957 light of this good faith offer, I will not on an individual’s health status, must Mr. CONRAD. Mr. President, the next object to the unanimous consent re- be included in the broader health re- amendment that requires a vote is the quest for this amendment today and form debate that is underway in Con- Lautenberg amendment as it affects look forward to working with Senator gress. Amtrak. The Senator is not quite DORGAN to resolve our differences. I urge all of my colleagues on both ready. We will give him a minute to do AMENDMENT NO. 876 sides of aisle to support this non-con- that. Ms. SNOWE. Mr. President, I rise troversial amendment, which would While we are waiting, let me indicate today in support of Senate amendment clarify that when Congress passes to colleagues, we need Senators who No. 876, which I have cosponsored with broader health reform and universal have amendments to be here or to be in

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.085 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4273 the cloakroom. We have dead time here The Senator from Texas [Mr. CORNYN] pro- out behind closed doors and to act like because, for amendments that are poses an amendment numbered 934. we are being consistent and not hypo- going to require a vote, Senators who The amendment is as follows: critical. are insisting on votes are not here. (Purpose: To increase transparency by re- I understand what the chairman has That is not going to work. quiring five days of public review of legis- to do. He will do what he has to do. But We have now worked on another lation before passage by the Senate) I would like a record vote. group of amendments. Momentarily we At the appropriate place insert the fol- Mr. CONRAD. Mr. President, the will be prepared to offer another man- lowing: Senator certainly has that right. Let agers’ amendment. I remind colleagues SEC. l. REQUIREMENT THAT LEGISLATION BE me raise the germaneness point of that the estate tax amendment of Sen- AVAILABLE AND SCORED 5 DAYS BE- order. FORE A VOTE ON PASSAGE. INCOLN YL Let me ask the Parliamentarian, is ator L and Senator K will be (a) IN GENERAL.—In the Senate, it shall not voted on about 8 o’clock. We need to be in order, to vote on final passage on any the amendment of the Senator ger- keep that in mind as we plan the time. bill, joint resolution, or conference report mane? I say to the Senator, we are ready to unless the text and a budget score from the The PRESIDING OFFICER. In the accept that amendment by unanimous Congressional Budget Office of the legisla- opinion of the Chair, it is not germane. consent. If the Senator wishes to tion, are available on a publicly accessible Mr. CONRAD. I raise the germane- speak, he could, for a minute, or we Congressional website five days prior to the ness point of order. could take the amendment. vote on passage of the legislation. The PRESIDING OFFICER. Under (b) WAIVER.—This section may be waived Mr. LAUTENBERG. Mr. President, I the previous order, the question is on or suspended in the Senate only by an af- agreeing to waive the point of order. want to offer a straightforward amend- firmative vote of three-fifths of the Mem- ment that recognizes that investments bers, duly chosen and sworn. Mr. CONRAD. I ask for the yeas and in our transportation infrastructure (c) APPEALS.—An affirmative vote of three- nays. system must be a priority for our coun- fifths of the Members of the Senate, duly The PRESIDING OFFICER. Is there a try. The amendment would simply add chosen and sworn, shall be required to sus- sufficient second? transportation, including passenger tain an appeal of the ruling of the Chair on There appears to be a sufficient sec- and freight rail, as an eligible project a point of order raised under this section. ond. The clerk will call the roll. under the ‘‘Investments in America’s Mr. CORNYN. Mr. President, my The legislative clerk called the roll. Infrastructure’’ reserve fund. It is al- amendment would pose a 60-vote point Mr. DURBIN. I announce that the ready included in the budget. of order against a bill that had not Senator from Massachusetts (Mr. KEN- Our highways and skyways are so been made available for public review NEDY) is necessarily absent. congested and crowded that passengers along with the score of the Congres- The PRESIDING OFFICER. Are there and freight are routinely delayed. The sional Budget Office on a congressional any other Senators in the Chamber de- estimates show these problems will Web site for at least 5 days. siring to vote? The yeas and nays resulted—yeas 46, only get worse with the growth of As everyone will recall, the President nays 52, as follows: freight traffic, expected to double its himself said this was his goal, to offer size by 2025. Railroads are the one greater transparency, hence greater ac- [Rollcall Vote No. 144 Leg.] mode of transportation that can grow countability, and thus instill greater YEAS—46 to help alleviate the congestion. confidence in the people and their Gov- Alexander Ensign McCaskill Amtrak needs more and better pas- ernment. Unfortunately, that pledge Barrasso Enzi McConnell has been violated more times than it Bayh Graham Murkowski senger and freight rail service. I ask Bennett Grassley Nelson (NE) support for this amendment. has been honored, and in our rush to Bond Gregg Risch I call up the amendment and ask for pass the stimulus bill that was cir- Brownback Hatch Roberts its immediate consideration, amend- culated—the conference report—at 11 Bunning Hutchison Sessions Burr Inhofe Shelby ment No. 957. o’clock on a Thursday night, we were Chambliss Isakson Snowe required to vote on it less than 24 hours Coburn Johanns The legislative clerk read as follows: Specter Cochran Klobuchar The Senator from New Jersey [Mr. LAU- later and thus the uproar over the AIG Thune Collins Kyl TENBERG] proposes an amendment numbered bonuses ensued because, frankly, Mem- Corker Landrieu Vitter 957. bers of the Senate did not know what Cornyn Lugar Voinovich The amendment is as follows: they were voting on and could not Crapo Martinez Wicker DeMint McCain (Purpose: To include funding for freight and know what they were voting on with- passenger rail in the deficit-neutral re- out this kind of transparency. NAYS—52 serve fund for investments in America’s in- I commend this to my colleagues. It Akaka Feinstein Nelson (FL) frastructure) is consistent with what the President Baucus Gillibrand Pryor On page 35, line 18, insert ‘‘transportation, has advocated and I think it is a good Begich Hagan Reed Bennet Harkin Reid including freight and passenger rail,’’ after way to do business. Bingaman Inouye ‘‘energy, water,’’. Rockefeller Mr. CONRAD. Mr. President, I would Boxer Johnson Sanders The PRESIDING OFFICER. Is there ask the Senator from Texas, would he Brown Kaufman Schumer Burris Kerry Shaheen further debate? be willing to allow us to take this on a Byrd Kohl Stabenow Mr. CONRAD. Mr. President, we are voice vote or by unanimous consent? Cantwell Lautenberg Tester prepared to take that amendment. Cardin Leahy Mr. CORNYN. I would say to the dis- Udall (CO) The PRESIDING OFFICER. The tinguished chairman of the Budget Carper Levin Casey Lieberman Udall (NM) question is on agreeing on the amend- Committee, I have three amendments Conrad Lincoln Warner ment. which I have on the dock. This is the Dodd Menendez Webb The amendment (No. 957) was agreed only one of those three that I would Dorgan Merkley Whitehouse to. Durbin Mikulski Wyden like to have a record vote on. Feingold Murray AMENDMENT NO. 934 Mr. CONRAD. Can I put this another Mr. CONRAD. Mr. President, Senator way? This amendment is not germane. NOT VOTING—1 CORNYN is prepared with an amend- So we can have a vote on it, it probably Kennedy ment. Would the Senator describe his will not succeed, or we could voice vote The PRESIDING OFFICER. On this amendment? it and you would succeed. vote, the yeas are 46, the nays are 52. The PRESIDING OFFICER. The Sen- Mr. CORNYN. Well, we have had this Three-fifths of the Senators duly cho- ator from Texas is recognized. proposition tendered before. I realize sen and sworn not having voted in the Mr. CORNYN. Mr. President, I call up that in all likelihood this amendment affirmative, the motion is rejected. amendment No. 934 and ask for its im- would be stripped out in conference be- The point of order is sustained, and the mediate consideration. hind closed doors. I do not think that amendment falls. The PRESIDING OFFICER. The is particularly an honest way to deal The Senator from North Dakota. clerk will report. with these important issues—to say Mr. CONRAD. Next up is Senator The bill clerk read as follows: yes on the floor and then to strip them WICKER.

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.096 S02APPT1 rfrederick on PROD1PC67 with SENATE S4274 CONGRESSIONAL RECORD — SENATE April 2, 2009 The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without ator from Mississippi. question is on agreeing to the motion objection, it is so ordered. AMENDMENT NO. 798 to waive the Budget Act in relation to Mr. CONRAD. Next up—— Mr. WICKER. Mr. President, I call up the Wicker amendment No. 798. Mr. GREGG. Mr. President, if the amendment No. 798 and ask for its con- Mr. GREGG. I didn’t even make the motion was agreed to, then we have to sideration. motion to waive, but I am happy to vote on the amendment. The PRESIDING OFFICER. The have the question be on the motion to Mr. CONRAD. Why don’t we just take clerk will report. waive. it on a voice vote? The legislative clerk read as follows: The PRESIDING OFFICER. Under Mr. GREGG. Yes. I ask unanimous The Senator from Mississippi [Mr. WICKER] the previous order, that motion is consent. proposes an amendment numbered 798. automatic. Mr. CONRAD. I think we have to do Mr. GREGG. I ask for the yeas and it by voice. Mr. WICKER. I ask unanimous con- nays. The PRESIDING OFFICER. If there sent that reading of the amendment be The PRESIDING OFFICER. Is there a is no further debate on the amendment, dispensed with. sufficient second? the question is on agreeing to the The PRESIDING OFFICER. Without There appears to be a sufficient sec- amendment. objection, it is so ordered. ond. The amendment (No. 798) was agreed The amendment is as follows: The clerk will call the roll. to. (Purpose: To ensure that law abiding Am- The legislative clerk called the roll. Mr. GREGG. Mr. President, I move to trak passengers are allowed to securely Mr. DURBIN. I announce that the reconsider the vote. transport firearms in their checked bag- Senator from Massachusetts (Mr. KEN- gage) Mr. CONRAD. I move to lay that mo- NEDY) is necessarily absent. On page 37, between lines 8 and 9, insert tion on the table. The PRESIDING OFFICER. Are there The motion to lay on the table was the following: any other Senators in the Chamber de- (d) ALLOWING AMTRAK PASSENGERS TO SE- agreed to. siring to vote? CURELY TRANSPORT FIREARMS ON PASSENGER Mr. CONRAD. Mr. President, Senator The yeas and nays resulted—yeas 63, TRAINS.—None of amounts made available in LIEBERMAN is next. the reserve fund authorized under this sec- nays 35, as follows: The PRESIDING OFFICER. The Sen- tion may be used to provide financial assist- [Rollcall Vote No. 145 Leg.] ator from Connecticut is recognized. ance for the National Railroad Passenger YEAS—63 AMENDMENT NO. 904 Corporation (Amtrak) unless Amtrak pas- Alexander Ensign McCain Mr. LIEBERMAN. Mr. President, I sengers are allowed to securely transport Barrasso Enzi McConnell firearms in their checked baggage. Baucus Feingold Murkowski thank the Chair, and I call up amend- Mr. WICKER. The amendment is very Bayh Graham Nelson (NE) ment No. 904. Begich Grassley Reid The PRESIDING OFFICER. The simple and straightforward. It aims to Bennet Gregg Risch clerk will report. ensure that gun owners and sportsmen Bennett Hagan Roberts The legislative clerk read as follows: are able to transport securely firearms Bingaman Hatch Sanders Bond Hutchison Sessions The Senator from Connecticut [Mr. aboard Amtrak trains in checked bag- Brownback Inhofe Shaheen LIEBERMAN] proposes an amendment num- gage, a practice that is done thousands Bunning Isakson Shelby bered 904. of times a day at airports across the Burr Johanns Snowe Mr. LIEBERMAN. Mr. President, I country. I emphasize that this amend- Casey Johnson Specter Chambliss Klobuchar Tester ask unanimous consent that the read- ment deals with checked, secured bag- Coburn Kohl Thune ing of the amendment be dispensed gage only. It would return Amtrak to a Cochran Kyl Udall (CO) with. pre-9/11 practice. It does not deal with Corker Landrieu Udall (NM) Cornyn Leahy Vitter The PRESIDING OFFICER. Without carry-on baggage. Unlike the airline Crapo Lincoln Voinovich objection, it is so ordered. industry, Amtrak does not allow the DeMint Lugar Webb The amendment is as follows: Dorgan Martinez Wicker transport of firearms in checked bags. (Purpose: To add a deficit-neutral reserve This means that sportsmen who wish NAYS—35 fund to reduce the strain on United States to use Amtrak trains for hunting trips Akaka Feinstein Mikulski military personnel by providing for an in- cannot do so because they are not al- Boxer Gillibrand Murray crease in the end strength for active duty lowed to check safely a firearm. I em- Brown Harkin Nelson (FL) personnel of the United States Army) Burris Inouye phasize, this bill deals with checked, Pryor At the end of title II, insert the following: Byrd Kaufman Reed secure luggage, not carry-on luggage. Cantwell Kerry Rockefeller SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR INCREASE IN THE END STRENGTH It would apply to Amtrak the same as Cardin Lautenberg Schumer FOR ACTIVE DUTY PERSONNEL OF airlines. Carper Levin Stabenow Collins Lieberman THE ARMY. Warner The PRESIDING OFFICER. The Sen- Conrad McCaskill The Chairman of the Senate Committee on Whitehouse ator from North Dakota. Dodd Menendez Wyden the Budget may revise the allocations of a Mr. CONRAD. I yield the time in op- Durbin Merkley committee or committees, aggregates, and position to the Senator from New Jer- NOT VOTING—1 other levels and limits in this resolution for sey. Kennedy one or more bills, joint resolutions, amend- The PRESIDING OFFICER. The Sen- ments, motions, or conference reports that The PRESIDING OFFICER. On this ator from New Jersey. would reduce the strain on the United States vote, the yeas are 63, the nays are 35. Mr. LAUTENBERG. I object to this Armed Forces by authorizing an increase in Three-fifths of the Senators duly cho- the end strength for active duty personnel of disruptive amendment offered by the sen and sworn having voted in the af- the Army to a level not less than 577,400 per- Senator from Mississippi. He wants to firmative, the motion is agreed to. sons, by the amounts provided in such legis- enable the carrying of weapons, guns, The majority leader. lation for such purpose, provided that such in checked baggage. One doesn’t have Mr. REID. Mr. President, I move to legislation would not increase the deficit to be very much concerned about what reconsider the vote, and I move to lay over either the period of the total of fiscal we are doing when they look at the his- years 2009 through 2014 or the period of the that motion on the table. total of fiscal years 2009 through 2019. tory of attacks on railroads in Spain The motion to lay on the table was and the UK and such places. agreed to. Mr. LIEBERMAN. Mr. President, I This amendment has no place here Mr. REID. I suggest the absence of a am honored to be joined in introducing interrupting the budgetary procedure. quorum. this amendment by my colleagues, The pending amendment is not ger- The PRESIDING OFFICER. The Senators CORNYN, THUNE, and the dis- mane and, therefore, I raise a point of clerk will call the roll. tinguished occupant of the chair, Sen- order that the amendment violates sec- The assistant legislative clerk pro- ator BEGICH. This amendment would tion 305(b)(2) of the Congressional ceeded to call the roll. ease the strain on the U.S. Army which Budget Act of 1974. Mr. CONRAD. Mr. President, I ask today is carrying the bulk of the battle Mr. GREGG. Is the germaneness well unanimous consent that the order for in Iraq and Afghanistan for us by es- taken on this? the quorum call be rescinded. tablishing a deficit-neutral reserve

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.100 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4275 fund to increase Army Active-Duty end catastrophic wildfire to be distributed to Mrs. LINCOLN. I ask my colleagues strength by 30,000 personnel. areas demonstrating highest priority needs, to look at this seriously and realize we Although we have depleted the so- as determined by the Chief of the Forest are not protecting the ultrawealthy. called Grow the Force initiative and Service; and We are working for small businesses, (2) provide that no State matching funds the Army is now at an end strength of are required for the conduct of activities de- family businesses in each and every 547,000, the so-called well time for our scribed in paragraph (1). one of our States. soldiers has not improved. They still (b) DEFICIT NEUTRALITY.—Subsection (a) The PRESIDING OFFICER (Mr. BEN- have little more than 1 day at home for applies only if the legislation described in NET). I remind the Senator that the every day they spend in the theater. subsection (a) would not increase the deficit amendment has not been called up. Our soldiers and their families—— over the period of the total of fiscal years Mrs. LINCOLN. Mr. President, I ask The PRESIDING OFFICER. The Sen- 2009 through 2014 or the period of the total of unanimous consent to call up amend- ator’s time has expired. fiscal years 2009 through 2019. ment No. 873. Mr. LIEBERMAN. Our soldiers con- Mr. CONRAD. Mr. President, we are The PRESIDING OFFICER. The tinue to serve under an unacceptable prepared to take this amendment on a clerk will report. strain. I ask my colleagues to ease that voice vote. The legislative clerk read as follows: The PRESIDING OFFICER. If there strain by adopting this amendment. The Senator from Arkansas [Mrs. LIN- is no further debate on the amendment, Mr. CONRAD. Mr. President, we are COLN], for herself, Mr. KYL, Mr. NELSON of prepared to take that on a voice vote. the question is on agreeing to the Nebraska, Mr. GRASSLEY, Mr. PRYOR, Mr. The PRESIDING OFFICER. If there amendment. ROBERTS, Mrs. Landrieu, and Mr. ENZI, pro- is no further debate on the amendment, The amendment (No. 746) was agreed poses an amendment numbered 873. the question is on agreeing to the to. The amendment is as follows: Mr. CONRAD. Mr. President, next we amendment. (Purpose: To create a deficit-neutral reserve go to the Lincoln-Kyl amendment. fund for estate tax relief) The amendment (No. 904) was agreed The PRESIDING OFFICER. The Sen- At the appropriate place in title II, insert to. ator from Arkansas is recognized. Mr. GREGG. Mr. President, I move to the following: AMENDMENT NO. 873 reconsider the vote. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR Mrs. LINCOLN. Mr. President, before Mr. CONRAD. I move to lay that mo- ESTATE TAX RELIEF. I begin, I wish to say a word of thanks tion on the table. The Chairman of the Senate Committee on to Chairman CONRAD, who has done a the Budget may revise the allocations of a The motion to lay on the table was tremendous job providing great leader- committee or committees, aggregates, and agreed to. ship. He and his staff have done a won- other appropriate levels and limits in this AMENDMENT NO. 746 derful job reflecting the President’s resolution for one or more bills, joint resolutions, amendments, motions, or conference Mr. CONRAD. Mr. President, the next priorities and, more importantly, put- amendment is from Senator UDALL of reports that would provide for estate tax re- ting balance to the budget before us. form legislation establishing— Colorado. If he could describe it in 30 Because my time is limited, I wish to seconds. (1) an estate tax exemption level of take a moment to read to you a few ex- $5,000,000, indexed for inflation, Mr. UDALL of Colorado. Mr. Presi- cerpts from an editorial that appeared (2) a maximum estate tax rate of 35 per- dent, I wish to thank Senator ENSIGN in the Arkansas Democrat-Gazette ear- cent, for joining me in this amendment. This lier this year. It was submitted by a (3) a reunification of the estate and gift is a deficit-neutral reserve fund amend- member of a family who runs a timber credits, and ment that would help prevent forest operation in southwest Arkansas and (4) portability of exemption between spouses, and fires. Our State budgets are facing eco- that has been in the family since 1907. nomic wildfires. This would help State He said: provided that such legislation would not in- and private lands reduce fuel loads so crease the deficit over either the period of The estate tax kills jobs. It kills compa- the total of fiscal years 2009 through 2014 or we can prevent catastrophic forest nies that provide jobs. In the process it kills fires. Let’s stand with Smokey the the period of the total of fiscal years 2009 towns and communities, particularly those through 2019. Bear. Let’s prevent forest fires. Vote in rural areas dependent upon the land and for this amendment. local industry. The PRESIDING OFFICER. The Sen- Mr. CONRAD. Mr. President, on be- Five times this man’s family has ator from North Dakota. Mr. CONRAD. Mr. President, I wish half of Senator UDALL, I call up his been subjected to the estate tax—five amendment No. 746. times. to remind all colleagues that the chair- The PRESIDING OFFICER. The He goes on: man’s mark takes the estate tax ex- clerk will report. Between the 1950s and 1980s, vast amounts emption from $1 million per person in The legislative clerk read as follows: of money—tens of millions of dollars—were 2011 to $3.5 million, $7 million a couple. The proposal by the Senator from Ar- The Senator from Colorado [Mr. UDALL] raised to pay the tax. Lands were clear cut, proposes an amendment numbered 746. mills liquidated, communities destroyed. kansas would take it to $5 million, and . . .The next hit will be too great. $10 million a couple, reduces the rate Mr. CONRAD. I ask unanimous con- Think about this type of family busi- from 45 percent to 35 percent. It is in a sent that the reading of the amend- ness. They have grown their business, deficit-neutral reserve fund. The cost ment be dispensed with. reinvested in it over a century’s worth of this amendment from 2012 to 2021, The PRESIDING OFFICER. Without of time, put almost all their profits when it is fully effective, is over $100 objection, it is so ordered. back into it, and now this particular billion. Where does the money come The amendment is as follows. company employs over 1,000 Arkansans from? Either by cutting spending some- (Purpose: To establish a deficit-neutral re- and has multiple mills that are worth a where else or raising other taxes. serve fund for wildland fire management I urge my colleagues to reject the activities) good bit of money—millions of dollars. This amendment provides real relief amendment. At the appropriate place in title II, insert The PRESIDING OFFICER. The Re- the following: to our family-owned businesses. In a time when our Government has handed publican leader is recognized. SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND FOR WILDLAND FIRE MANAGEMENT out billions upon billions to failed Wall Mr. MCCONNELL. Mr. President, I ACTIVITIES. Street banks, it is time we provide a wish to proceed for a few moments on (a) IN GENERAL.—Subject to subsection (b), little relief to our businesses on Main my leader time. I am speaking in effect the Chairman of the Committee on the Budg- Street that are in need of help right for Senator KYL, who has been our et of the Senate may revise the allocations, now. These are people who employ leader on the issue of the death tax for aggregates, and other levels in this resolu- more than half the workers in Arkan- many years. tion by the amounts provided by a bill, joint The Lincoln-Kyl amendment, on resolution, amendment, motion, or con- sas. These are the people who, if we reference report that would— form the estate tax, will invest in their which we are about to vote, would de- (1) allow wildland fire management funds businesses and create more jobs. crease the burden on those who get hit for hazardous fuels reduction and hazard The PRESIDING OFFICER. The Sen- with the death tax by increasing the mitigation activities in areas at high risk of ator’s time has expired. exemption by $1.5 million to $5 million

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.104 S02APPT1 rfrederick on PROD1PC67 with SENATE S4276 CONGRESSIONAL RECORD — SENATE April 2, 2009 and by reducing the rate of taxation the hurricane victims. The Finance should be overjoyed with receiving ac- down by 10 percent to 35 percent. Committee acted with lightning speed ceptance to go to college, but because No one should have to be taxed on on a bipartisan basis, and in concert of what is happening at home—their their assets twice, and no one should with the House, to deliver relief to hur- dad or mom has lost a job—they can’t have to visit the tax man and the un- ricane victims. I was quite proud of our go to college. Workers who have given dertaker on the same day. It is the efforts to help people in need. That was decades of loyal service at the office or Government’s final outrage. But if we the first Katrina tax relief bill. factory realize now they can’t retire can’t repeal this tax, then we should at The second Katrina tax relief bill, because their pensions are gone and least lower it at a time when Ameri- unfortunately, took a lot longer to do. their retirement savings have dis- cans are already burdened by shrinking Some on the other side saw the Katrina appeared. Senior citizens on a fixed in- retirement savings. bill as a chance to enact a National come used to have to make a decision This budget, in keeping with the ad- agenda of greatly enhancing social pro- as to whether it would be medicine or ministration’s plan, seeks to keep the grams. I did not question their motives food. Now many seniors don’t have the death tax exemption at $3.5 million and at the time and do not now. But, the choice for either. the tax rate at 45 percent. By offering bottom line was that this attempt to We know what caused this crisis: 8 an amendment that would lower the leverage a crisis for a National agenda, years of fiscal policies under the pre- rate and the exemption, Senators KYL significantly delayed our efforts to re- vious administration and its allies in and LINCOLN are offering crucial sup- build the hard-hit gulf zone. Congress who gave away the store at port and protection to small busi- As the distinguished leader will re- the expense of the rest of America. nesses, family ranchers, and farms. call, the gulf state Senators, led by President Obama inherited a crisis This amendment has wide bipartisan Senator Lott, forced the Senate to that no President should have to in- support, including Senators NELSON, focus on helping their states rebuild herit or fix. Instead of focusing full PRYOR, and LANDRIEU—all on the and recover. A similar effort was un- time on the future, he and we in Con- Democratic side—and Senators GRASS- derway in the House. gress must first clean up the dev- LEY, ROBERTS, ENZI, and COLLINS on the Fortunately, the efforts of the bipar- astating mistakes of the past. We can Republican side. It also has strong sup- tisan group of gulf state Senators only turn the page from the recession port from the small business commu- caused the leadership on the other side to recovery if we watch every single nity, which desperately needs relief at to abandon their efforts to leverage the taxpayer dollar the way families watch the current moment. It would spur eco- hurricane disaster for a National agen- every dollar in their budget. Every dol- nomic growth, which we need, and it da. No one accused the leadership on lar counts. makes good overall economic sense the other side of being unseemly. That is why it is so stunning, so out- since the death tax costs more to com- Senator Frist did the right thing and rageous, that some would choose this ply with than it raises in revenue. focused on the hurricane victims. The hour of national crisis to push an The Lincoln-Kyl amendment is im- leadership on the other side did the amendment to slash the estate tax for portant, it is timely, and I strongly right thing and focused on bipartisan the superwealthy. This isn’t for the urge its support. Mr. GRASSLEY. Mr. President, the hurricane relief efforts. wealthy; this is for the superwealthy. distinguished majority leader, my There is a lesson in this history for Yet that is what we see here today. all of us. Do not try to leverage a crisis The proposal now before us would friend, Senator REID quoted me by name in his remarks in opposition to for unrelated purposes. take $100 billion of American taxpayer the Lincoln-Kyl amendment. Senator LINCOLN’s amendment was money—actually, it is more than The distinguished leader quoted me not ‘‘unseemly.’’ To use my reaction to that—more than $100 billion of tax- as describing death tax relief legisla- a question about the Senate schedule is payer money over the next few years tion as ‘‘unseemly.’’ to miss the point I was making The and spend it on slashing taxes on the Since that quote was used to argue Lincoln/Kyl amendment is a reasonable estates of the wealthiest two-tenths of against Senator LINCOLN’s amendment, effort to find a bipartisan compromise 1 percent of Americans. So 99.8 percent which I support, I thought it important on a time-sensitive tax issue. It is an of Americans would derive no benefit— to respond to the distinguished leader effort to enable a solution to a problem none. In fact, 99.8 percent of Americans and set the record straight. that vexes family farmers and small would actually see their tax dollars re- The distinguished leader is correct. I businesses. The amendment’s purpose directed to the estates of those who are did say, at that time shortly after the and substance are the opposite of un- at the very top of the economic food Katrina hurricane hit, that proceeding seemly. The Lincoln/Kyl amendment is chain. to death tax relief would be ‘‘un- ‘‘decorous.’’ Here is what one newspaper said seemly.’’ The PRESIDING OFFICER. The ma- today: It is important for everyone to un- jority leader is recognized. The proverbial millionaires next door—the derstand the context of that state- Mr. REID. Mr. President, I will use plumbers, contractors, and accountants who ment. It was made shortly after the my leader time. This chart says it all. amass substantial wealth through hard work terrible hurricane hit the gulf states. In February, 651,000 Americans lost and modest living—are not the intended their jobs. Five million Americans beneficiaries of the proposed cut. The Obama At that time, the Senate was about to budget already takes care of them. That reconvene after the August recess. The have lost their jobs this past year—5 means 99.8 percent of estates will never, ever pending business was a cloture motion million. Our unemployment rate cur- pay a penny of estate tax. on the motion to proceed to a House rently stands at 8.1 percent. Nevada’s Here is what another newspaper said bill that provided death tax relief. unemployment is 10 percent, but Ne- today, entitled ‘‘More Tax Cuts for the The majority leader, Senator Frist, vada is not the highest. We have some Rich″: States that are far more than 10 per- had filed the cloture motion before the The hypocrisy here is breathtaking. More Senate departed for the August recess. cent unemployed. Three million more fundamentally, it is hard to stomach those Of course, that procedural action oc- children will likely be living in poverty who argue for more tax cuts—and then be- curred weeks before the hurricane hit. by the end of this year. The net worth moan the failure to stanch rising deficits. A When asked about the Senate schedule, of American households dropped by a vote for this amendment, at this time of so I responded that proceeding to the combined total of $11 trillion last much red ink and so much suffering, would death tax bill, and, thereby not dealing year—$11 trillion. reflect the most skewed of priorities. with the hurricane victims, would be These statistics tell a story—a very This is only a couple of the Ameri- unseemly. clear story—but what is even clearer is cans all over America today trying to The distinguished leader’s comments the suffering every American sees and understand what is going on in Wash- caused me to recall how the finance feels every day. ington. Committee, which I chaired at the Families whose incomes have fallen In recent years, Congress has already time, dealt with Katrina. are now concerned that they won’t be reduced tax rates on the ultrawealthy Senator Frist did the right thing and able to make their next mortgage pay- estates. In fact, the Tax Policy Center set the Senate in motion to deal with ment. Students at this time of the year calculates that a $20 million estate

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.106 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4277 right now—now—will pay an effective Again, this is stunning hypocrisy. Lieberman Reid Udall (CO) McCaskill Rockefeller Udall (NM) tax rate of 23 percent. Nurses pay more Not only that; it is outrageous hypoc- Menendez Sanders Warner than that, schoolteachers pay more risy. Merkley Schumer Webb than that, and secretaries pay a higher When the estate tax issue was de- Mikulski Shaheen Whitehouse tax rate than that, but we say for an bated back in 2005, in the aftermath of Reed Stabenow Wyden estate of $20 million, 23 percent is OK. Hurricane Katrina, the then-chairman The amendment (No. 873) was agreed That is what the Tax Policy Center of the Finance Committee, Senator to. calculates. GRASSLEY, said this—remember, at Mr. MCCONNELL. Mr. President, I But for the proponents of the amend- that time there was a defined group of move to reconsider the vote. ment now before us, that is not good people who were suffering in the gulf, Mr. GREGG. I move to lay that mo- enough. So they propose that we spend but now it is the whole country. Today, tion on the table. $100 billion on a tax cut for the top it was announced on the radio that, for The motion to lay on the table was two-tenths of 1 percent. Proponents of the first time since the Great Depres- agreed to. this legislation say they will find off- sion, all 50 States, without exception, AMENDMENTS NOS. 913, AS MODIFIED, AND 875, AS sets for this $100 billion giveaway that have a downturn in their economy. MODIFIED will make it deficit neutral. Think Here is what Senator GRASSLEY said Mr. CONRAD. Mr. President, I ask about that. Deficit neutral. That then, after Hurricane Katrina: unanimous consent that notwith- means you have to get offsets. It’s a little unseemly to be talking about standing the adoption of amendments Where are we going to get offsets? doing away with or enhancing the estate tax Nos. 913 and 875, the amendments be They have to come from somewhere. at a time when people are suffering. modified with the changes at the desk. The PRESIDING OFFICER. Without They are not coming from the sky. Are If Katrina, which was a disaster for objection, it is so ordered. we going to take them from Medicare? this country, was a reason not to do The amendments, as modified, are as From Senator INOUYE’s defense budget? the estate tax, why now when all 300 follows: From the Peace Corps? From edu- million Americans are suffering? Peo- cation? ple are suffering now in every city, AMENDMENT NO. 913, AS MODIFIED Even in the best of times, there is no State, and town in America. (Purpose: To provide for enhanced oversight of the Board of Governors of the Federal question that we could find a better I urge my colleagues to oppose this Reserve System concerning the use of use for an extra $100 billion. We could amendment. It amounts to nothing but emergency economic assistance) put new textbooks in classrooms. We a giveaway to the wealthiest two- On page 48, line 21, strike ‘‘banks’’ and all could build better renewable energy tenths of 1 percent of Americans, at that follows through ‘‘2008,’’ on line 24 and transmission lines. We could provide the expense of the other 99.8 percent of insert the following ‘‘banks, to include (1) an health care to more working families. Americans. evaluation of the appropriate number and If it got out of hand, we could do what Especially in this time of economic the associated costs of Federal reserve we did in the last years of the Clinton crisis, this is the wrong priority for our banks; (2) publication on its website, with re- administration: Reduce the debt. country. I ask everybody to vote ‘‘no’’ spect to all lending and financial assistance on this amendment. facilities created by the Board to address the I can think of no way to describe this financial crisis, of (A) the nature and amendment other than stunning hy- The PRESIDING OFFICER. The amounts of the collateral that the central pocrisy. question is on agreeing to the Lincoln bank is accepting on behalf of American tax- Many of the very same Republicans amendment No. 873. payers in the various lending programs, on who held hands with President Bush as Mr. KYL. Mr. President, I ask for the no less than a monthly basis; (B) the extent he squandered a record budget surplus yeas and nays. to which changes in valuation of credit ex- and turned it into a record deficit sud- The PRESIDING OFFICER. Is there a tensions to various special purpose vehicles, sufficient second? such as Maiden Lane I, Maiden Lane II, and denly claim to be ‘‘deficit hawks.’’ Maiden Lane III, are a result of losses on col- They tell us we cannot invest in the There is a sufficient second. lateral which will not be recovered; (C) the middle class—the very people their dis- The clerk will call the roll. number of borrowers that participate in each astrous policies have harmed. The assistant legislative clerk called of the lending programs and details of the These same Republicans tried to stop the roll. credit extended, including the extent to us from providing health insurance to The PRESIDING OFFICER. Are there which the credit is concentrated in one or millions of children of low-income fam- any other Senators in the Chamber de- more institutions; and (D) information on ilies, so that these kids could go to a siring to vote? the extent to which the central bank is con- The result was announced—yeas 51, tracting for services of private sector firms doctor when they are sick or hurt. for the design, pricing, management, and ac- They fought against President Obama’s nays 48, as follows: counting for the various lending programs economic recovery plan, because it had [Rollcall Vote No. 146 Leg.] and the terms and nature of such contracts the audacity to invest in creating jobs YEAS—51 and bidding processes,’’. for victims of the recession Bush cre- Alexander DeMint McConnell AMENDMENT NO. 875, AS MODIFIED ated. Barrasso Ensign Murkowski (Purpose: To require information from the Now they are fighting against a Baucus Enzi Murray Board of Governors of the Federal Reserve Bayh Graham Nelson (FL) System about the use of emergency eco- budget that cuts taxes for the middle Bennett Grassley Nelson (NE) class, puts us on a path toward cutting Bond Gregg Pryor nomic assistance) the Republican deficit in half, and in- Brownback Hatch Risch In Sec. 215, following ‘‘contracts and bid- vests in middle-class priorities, such as Bunning Hutchison Roberts ding processes,’’ add the following: ‘‘;and (3) Burr Inhofe Sessions health care, education, and clean, re- including the identity of each entity to Cantwell Isakson Shelby which the Board has provided ‘‘all loans and newable energy. That is what Chair- Chambliss Johanns Snowe other financial assistance since March 24, man CONRAD has done. Coburn Kyl Specter Cochran Landrieu Tester 2005, the value or amount of that financial After 8 years of creating a record def- Collins Lincoln Thune assistance, and what that entity is doing icit so that they could slash taxes on Corker Lugar Vitter with such financial assistance,’’ after the ultrawealthy, now they oppose our Cornyn Martinez Voinovich ‘‘2008,’’. efforts to help the middle class. Crapo McCain Wicker Mr. CONRAD. Mr. President, I ask These newly hatched deficit hawks NAYS—48 unanimous consent that the list I send say no to any proposal that invests in Akaka Casey Inouye to the desk be the only amendments re- the people their policies harmed. But Begich Conrad Johnson maining in order to the budget resolu- Bennet Dodd Kaufman when it comes to giving away another Bingaman Dorgan Kennedy tion and managers’ amendments which $100 billion plus of taxpayer money to Boxer Durbin Kerry have been cleared by the managers and the top two-tenths of 1 percent—money Brown Feingold Klobuchar leaders and that a side by side be in that could pay down the deficit they Burris Feinstein Kohl order to any of the amendments on the Byrd Gillibrand Lautenberg claim to care so much about—these Cardin Hagan Leahy list at the discretion of the managers same Senators line up in support. Carper Harkin Levin and leaders; that the order in which

VerDate Nov 24 2008 05:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.107 S02APPT1 rfrederick on PROD1PC67 with SENATE S4278 CONGRESSIONAL RECORD — SENATE April 2, 2009 the amendments are considered be de- ing less than $100,000 per year and that such There appears to be a sufficient sec- termined by the managers; that upon relief is in addition to the amounts assumed ond. disposition of all amendments, the in this budget resolution. The clerk will call the roll. (b) WAIVER.—This section may be waived Senate proceed to vote on adoption of The legislative clerk called the roll. or suspended only by an affirmative vote of The PRESIDING OFFICER. Are there the concurrent resolution, with the three-fifths of the Members, duly chosen and provisions of the previous orders re- sworn. any other Senators in the Chamber de- maining in effect. (c) APPEALS.—An affirmative vote of three- siring to vote? The PRESIDING OFFICER. Without fifths of the Members of the Senate duly cho- The result was announced—yeas 56, objection, it is so ordered. sen and sworn shall be required to sustain an nays 43, as follows: The list is as follows: appeal of the ruling of the Chair on any [Rollcall Vote No. 147 Leg.] point of order raised under this section. YEAS—56 DeMint healthcare No. 963, Kyl Iran No. Mr. DURBIN. Mr. President, in the 932, Crapo Capital Gains No. 897, Hatch Ter- Akaka Feinstein Mikulski rorism Tools POO No. 962, Alexander Student midst of the worst recession in 75 Baucus Gillibrand Murray Bayh Hagan Loans No. 792, DeMint CPSC No. 964, DeMint years, with hundreds of thousands of Nelson (NE) Begich Harkin Pryor Autos No. 965, DeMint Earmarks No. 967, Americans losing their jobs and their Bennet Inouye Reed Sessions Border Fence POO No. 969, Crapo homes, 51 Members of the Senate be- Bingaman Johnson Reid FDIC No. 958, Burr Veterans Health No. 777, lieve our highest priority is to give a Boxer Kaufman Rockefeller Coburn No. 828, Coburn No. 830, Hatch Medi- generous tax break to the wealthiest Brown Kennedy Sanders Burris Kerry care Advantage No. 976, Hatch/Baucus (Not Schumer people in America. Many of these same Byrd Klobuchar Yet Filed), KBH OCS No. 867, Vitter Oil and Shaheen Senators have been wailing for weeks Cantwell Kohl Gas No. 751, Vitter Drug Testing No. 937, Stabenow about deficits but obviously believe Cardin Lautenberg Enzi Unfunded Mandates No. 819, Enzi Health Carper Leahy Tester IT No. 822, Graham Debt/Household No. 959, deficits do not count when it comes to Casey Levin Udall (CO) Barrasso Cow Tax No. 765, Barrasso NEPA tax breaks for the wealthy. Conrad Lieberman Udall (NM) No. 960, Barrasso ESA No. 890, Crapo DOE At this point, it is clear they would Dodd Lincoln Warner Loan Guarantees No. 733, Crapo Nuclear Re- move forward with these tax breaks for Dorgan McCaskill Webb Whitehouse search Priority No. 734, Hatch DNRF for Durbin Menendez the wealthiest people in America. My Feingold Merkley Wyden FDA Facilities No. 939, Snowe/Landrieu amendment is simple. It creates a NAYS—43 DNRF for Energy Star No. 940, Session OCS point of order. It says we should help Inventory No. 770, Hatch/Dodd Maternal struggling Americans first. Before we Alexander Ensign McConnell Child Health Block Grant No. 878, Martinez Barrasso Enzi Murkowski Trade Agreements No. 843, Murkowski Nat’l give an additional $100 billion in tax Bennett Graham Nelson (FL) Health Service Corps No. 841, Begich Denali breaks to the superwealthy, we must Bond Grassley Risch No. 901, Begich Arctic Oil No. 903, Brown first give at least as much in tax relief Brownback Gregg Roberts Bunning Hatch Sessions Training No. 810, Klobuchar Food Safety No. to Americans earning less than Burr Hutchison 886, Lautenberg Homeland Security Grants $100,000. It will be tax relief beyond Shelby Chambliss Inhofe Snowe No. 977, Pryor CPSC No. 814. Coburn Isakson that already included in this budget Specter Cochran Johanns Mr. CONRAD. Mr. President, we are resolution. Thune Collins Kyl Vitter prepared to go to the DeMint amend- The amendment creates a point of Corker Landrieu ment. order that if the people insist, a major- Cornyn Lugar Voinovich Mr. GREGG. No, Durbin. ity of Senators, that we give this es- Crapo Martinez Wicker Mr. CONRAD. I am sorry. Mr. Presi- tate tax to the wealthiest, at least let’s DeMint McCain dent, next in order is the Durbin help working families first before we The amendment (No. 974), as modi- amendment and then the DeMint do so. fied, was agreed to. amendment. I urge my colleagues to support the The PRESIDING OFFICER. The Sen- Senator DURBIN. amendment. ator from North Dakota. AMENDMENTS NOS. 777, 962, AND 946 AMENDMENT NO. 974, AS MODIFIED The PRESIDING OFFICER. Who Mr. CONRAD. Mr. President, we have Mr. DURBIN. Mr. President, I call up yields time in opposition? The Senator a number of amendments we can now amendment No. 974, as modified. from Arizona. Mr. KYL. Mr. President, the Senate take by unanimous consent: Burr No. The PRESIDING OFFICER. The just voted to support estate tax relief 777, Hatch No. 962, and Dorgan No. 946. clerk will report. set at $5 million per person to be ex- I ask unanimous consent that we ap- The legislative clerk read as follows: empted and at no more than a 35-per- prove Burr amendment No. 777, Hatch The Senator from Illinois [Mr. DURBIN] cent rate. The Durbin amendment cre- amendment No. 962, and Dorgan proposes an amendment numbered 974, as amendment No. 946. modified. ates a point of order unless you have a rate of at least 45 percent and a $3.5 The PRESIDING OFFICER. Is there The amendment is as follows: million per person exempted amount. objection? (Purpose: To provide that no additional es- It is directly contrary to what we just Hearing no objection, it is so ordered. The amendments (Nos. 777, 962, and tate tax relief beyond that which is al- voted for. Were this to be adopted, you ready assumed in this resolution, which 946) were agreed to, as follows: would have two absolutely contradic- protects over 99.7 percent of estates from AMENDMENT NO. 777 the estate tax, shall be allowed under any tory instructions—one for a $5 million exempted amount; the Durbin amend- (Purpose: To provide that legislation that deficit-neutral reserve fund unless an equal would provide authority to the Secretary amount of aggregate tax relief is also pro- ment, $3.5 million. Having voted the of Veterans Affairs to recover from a pri- vided to Americans earning less than way we did, the Durbin amendment vate health insurer of a disabled veteran $100,000 per year) should be defeated. amounts paid for treatment of such dis- At the appropriate place in title II, insert To the extent that it suggests there ability is subject to a point of order in the the following: should be other tax relief, I stipulate to Senate) Sec.ll. POINT OF ORDER AGAINST LEGISLATION that, I am all for it. But the point of At the appropriate place, insert the fol- THAT PROVIDES ADDITIONAL RE- order relates to anything above the $3.5 lowing: LIEF FOR THE ESTATE TAX BEYOND SEC. lll. LIMITATIONS ON LEGISLATION THAT THE LEVELS ASSUMED IN THIS million or below the 45-percent rate. I urge my colleagues to vote against WOULD PERMIT THE SECRETARY OF BUDGET RESOLUTION UNLESS AN VETERANS AFFAIRS TO RECOVER EQUAL AMOUNT OF ADDITIONAL it. FROM A PRIVATE HEALTH INSURER TAX RELIEF IS PROVIDED TO MID- Mr. DURBIN. Do I have any time re- OF A DISABLED VETERAN AMOUNTS DLE-CLASS TAXPAYERS. maining? PAID FOR TREATMENT OF SUCH DIS- (a) IN GENERAL.—In the Senate, it shall not The PRESIDING OFFICER. All time ABILITY. be in order to consider any bill, joint resolu- has expired. The question is on agree- (a) POINT OF ORDER.—If the Senate is con- tion, amendment, motion, or conference re- sidering legislation, upon a point of order port that would provide estate tax relief being to amendment No. 974, as modified. being made by any Senator against the legis- yond $3,500,000 per person ($7,000,000 per mar- Mr. GREGG. I ask for the yeas and lation, or any part of the legislation, that ried couple) and a graduated rate ending at nays. the legislation, if enacted, would result in less that 45 percent unless an equal amount The PRESIDING OFFICER. Is there a providing authority to the Secretary of Vet- of tax relief is provided to Americans earn- sufficient second? erans Affairs to recover from a private

VerDate Nov 24 2008 08:05 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.111 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4279 health insurer of a veteran with a service- AMENDMENT NO. 946 tance of funding and meeting our obli- connected disability amounts paid by the (Purpose: To increase the budget authority gation to provide for the health care of Secretary for the furnishing of care or treat- for the Indian Health Service by an addi- the First Americans. There are over 4 ment for such disability, and the point of tional $200 million to obtain a total $600 order is sustained by the Presiding Officer, million Native Americans in this coun- million increase over the FY 2009 enacted try, just fewer than 2 million of which the Senate shall cease consideration of the level) legislation. depend on the Indian Health Service (b) WAIVERS AND APPEALS.— On page 19, line 24, increase the amount by for their health care needs. However, (1) WAIVERS.— $200,000,000. the Indian Health Service is severely (A) IN GENERAL.—Before the Presiding Offi- On page 19, line 25, increase the amount by $130,000,000. underfunded. Despite our trust obliga- cer rules on a point of order described in sub- tion to Indian Tribes, the Federal Gov- section (a), any Senator may move to waive On page 20, line 4, increase the amount by the point of order and the motion to waive $40,000,000. ernment spends twice as much on the shall not be subject to amendment. On page 20, line 8, increase the amount by health care of Federal prisoners as we (B) VOTE.—A point of order described in $20,000,000. do on American Indians. subsection (a) is waived only by the affirma- On page 20, line 12, increase the amount by My amendment will increase the tive vote of 60 Members of the Senate, duly $10,000,000. budget authority for the Indian Health chosen and sworn. On page 27, line 23, decrease the amount by Service by an additional $200 million to (2) APPEALS.— $200,000,000. On page 27, line 24, decrease the amount by obtain a total of $600 million in in- (A) IN GENERAL.—After the Presiding Offi- creased budget authority over the fis- cer rules on a point of order described in sub- $130,000,000. section (a), any Senator may appeal the rul- On page 28, line 3, decrease the amount by cal year 2009 enacted level. The Presi- ing of the Presiding Officer on the point of $40,000,000. dent’s request for ‘‘over $4 billion’’ for order as it applies to some or all of the provi- On page 28, line 7, decrease the amount by total IHS funding, asks for an increase sions on which the Presiding Officer ruled. $20,000,000. for IHS of over $400 million. My amend- (B) VOTE.—A ruling of the Presiding Offi- On page 28, line 11, decrease the amount by ment will increase the President’s cer on a point of order described in sub- $10,000,000. budget request from $400 million to $600 section (a) is sustained unless 60 Members of AMENDMENT NO. 962 million in increased budget authority the Senate, duly chosen and sworn, vote not Mr. HATCH. Mr. President, since the for the Indian Health Service. This to sustain the ruling. attacks of September 11, 2001, Congress (3) DEBATE.— brings us to the total that committee has taken steps to give the Federal law (A) IN GENERAL.—Debate on the motion to Vice Chairman BARRASSO and I rec- waive under paragraph (1) or on an appeal of enforcement and intelligence commu- ommended for the Indian Health Serv- the ruling of the Presiding Officer under nity the necessary tools to keep our ice for fiscal year 2010 in our views and paragraph (2) shall be limited to 1 hour. citizens safe from terrorist attacks. estimates letter to the Senate Budget (B) DIVISION.—The time shall be equally di- Last week, FBI Director Robert Committee on March 13, 2009. As my vided between, and controlled by, the Major- Mueller testified before the Senate Ju- colleagues will remember, last year, ity leader and the Minority Leader of the diciary Committee. When asked about Senate, or their designees. Congress overwhelmingly passed a (c) LEGISLATION DEFINED.—In this section, expiring provisions of the PATRIOT similar amendment requesting a $1 bil- the term ‘‘legislation’’ means a bill, joint Act, Director Mueller urged Congress lion increase in Indian Health Service resolution, amendment, motion, or con- to renew these provisions. He referred budget authority by a vote of 69 to 31. ference report. to them as ‘‘exceptional tools to help I ask my colleagues to again consider (d) TERMINATION.—The provisions of this protect our national security.’’ Direc- section shall terminate on December 31, 2012. the great need for assistance in Indian tor Mueller further provided the com- health, even in these tough economic AMENDMENT NO. 962 mittee with information regarding the times. (Purpose: To ensure the continued safety of use of these provisions. Americans against terrorist attack by Al While $200 million is small in com- Qaeda and other terrorist organizations by From 2004 to 2007, the roving wiretaps parison to the unmet needs of the In- providing a point of order against any leg- provision was used 225 times—that is— dian Health Service, when included islation that would weaken or eliminate 25 times over 3 years. That breaks with the President’s request, the critical terror-fighting tools) down to 75 times a year. Roving wire- amendment makes the overall increase At the appropriate place, insert the fol- taps were only used 147 times in 3 in budget authority equal to $600 mil- lowing: years. Congress granted the FBI the lion. This amendment is crucial be- SEC. lll. POINT OF ORDER. authority to use national security let- cause it shows that Congress is com- (a) IN GENERAL.—After a concurrent reso- ters, NSL, in counterterrorism and mitted to funding the Indian Health lution on the budget is agreed to, it shall not counterintelligence investigations. The be in order in the Senate to consider any Service at a higher level and empha- bill, resolution, amendment between Houses, use of NSLs is invaluable in these in- sizes the government’s effort to con- motion, or conference report that— vestigations. Their use also predates tinue to fulfill its trust responsibility (1) weakens any authorized anti-terrorism the attacks on 9/11. to provide health care in Indian Coun- tool or investigative method provided by the The uninformed and the paranoid try. USA Patriot Act of 2001 (PL 107-56), the In- portray these tools as an example of We passed the Indian Health Care Im- telligence Reform and Terrorism Prevention unchecked government monitoring provement Act on the floor of the Sen- Act of 2004 (PL 108-458), the USA Patriot Im- reminiscent of a scene from George Or- ate in the 110th Congress. I am proud of provement and Reauthorization Act of 2005 (PL 109-177), or the FISA Amendments Act of well’s book ‘‘1984.’’ I would submit to that because it had been many years 2008 (PL 110-261); or my colleagues that these figures show since this Congress had addressed the (2) eliminates any authorized anti-ter- that these necessary tools have not issue of Indian health care. Unfortu- rorism tool or investigative method provided been overused. Fail-safes and checks nately, the bill did not pass the House by any of the statutes referred to in para- against overuse and improper applica- and Indian Country suffers the con- graph (1). tion exist at numerous levels in this sequences. (b) SUPERMAJORITY WAIVER AND APPEALS.— process. Changing administrations does Through a number of hearings by the (1) WAIVER.—Subsection (a) may be waived not diminish the terrorism threat to Senate Indian Affairs Committee, we or suspended in the Senate only by the affirmative vote of three-fifths of the Mem- our country. Two days ago, a Taliban have confirmed extensive unmet health bers, duly chosen and sworn. leader responsible for brazen attacks in care needs in Indian Country. The need (2) APPEALS.—Appeals in the Senate from Pakistan issued a threat to attack the includes over $3 billion just for health the decisions of the Chair relating to any White House. facilities and an ever growing $1 billion provision of subsection (a) shall be limited to Mr. DORGAN. Mr. President, This for contract health services. The 1 hour, to be equally divided between, and amendment will go far in meeting the health status of Native Americans are controlled by, the appellant and the manager Federal Government’s trust responsi- staggering. For example, Native Amer- of the bill or joint resolution. An affirmative bility to provide health care services to icans die at higher rates than other vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be re- Native Americans. Americans from tuberculosis 600 per- quired to sustain an appeal of the ruling of There is a health care crisis in Indian cent higher, alcoholism, 510 percent the Chair on a point of order raised under Country and I have spoken many times higher, diabetes, 189 percent higher, subsection (a). on the Senate floor about the impor- and suicide, 70 percent higher. Third

VerDate Nov 24 2008 05:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.098 S02APPT1 rfrederick on PROD1PC67 with SENATE S4280 CONGRESSIONAL RECORD — SENATE April 2, 2009 world conditions exist right here in The amendment is as follows: On page 27, line 15, decrease the amount by this country on Indian lands. (Purpose: To prevent taxpayer-funded $485,000,000. The story of Jami Rose Jetty high- bailotus for auto manufacturers) On page 27, line 16, decrease the amount by $485,000,000. lights what underfunding the Indian On page 4, line 13, decrease the amount by health care system means to the lives $10,829,000,000. Mr. DEMINT. Mr. President, this of our youth and families in Indian On page 4, line 14, decrease the amount by amendment is called the Auto Bailout Country and communities across the $131,000,000. Prevention Amendment. We are debat- U.S. In February, I held an Indian Af- On page 4, line 15, decrease the amount by ing an amendment which spends more, fairs oversight hearing on youth sui- $195,000,000. borrows more, and taxes more than any On page 4, line 16, decrease the amount by cide. At that hearing, a young woman budget in history. Americans are al- $279,000,000. ready fed up with how much we spent of 16 years old, named Dana Lee Jetty On page 4, line 17, decrease the amount by of the Spirit Lake Nation in North Da- $379,000,000. on all the bailouts. One of the areas kota testified. She told the story of On page 4, line 18, decrease the amount by they are most frustrated with is the losing her sister, Jami Rose Jetty, who $485,000,000. auto bailouts. We have already taken committed suicide at just 14 years old. On page 4, line 22, decrease the amount by over $17 billion from funds designated Dana described her sister Jami as $10,829,000,000. to financial institutions and now the someone who had a lot of friends and On page 4, line 23, decrease the amount by administration is talking about some $131,000,000. was mature for her age. Jami was an form of bankruptcy while General Mo- On page 4, line 24, decrease the amount by tors and Chrysler have asked for an- open-minded, caring, and compas- $195,000,000. sionate teenager. The sisters were best On page 4, line 25, decrease the amount by other $21.6 billion. friends and part of a middle-class, lov- $279,000,000. This amendment reduces function 370 ing home. On page 5, line 1, decrease the amount by funds by $21.6 billion, which prevents Jami’s mother knew there was some- $379,000,000. the President from further using TARP thing wrong with her daughter. She On page 5, line 2, decrease the amount by to prop up General Motors and Chrys- took Jami to Indian health care facili- $485,000,000. ler with taxpayer dollars. On page 5, line 6, decrease the amount by Enough is enough. I reserve the re- ties over and over again, but no doctor $10,829,000,000. properly diagnosed her depression. mainder of my time. On page 5, line 7, decrease the amount by The PRESIDING OFFICER. The time Even though her mother knew better, $131,000,000. of the Senator has expired. Who yields the doctors would say Jami was ‘‘just a On page 5, line 8, decrease the amount by typical teenager’’ and send the family $195,000,000. time in opposition? On page 5, line 9, decrease the amount by The Senator from North Dakota. home. In November 2008, Jami took her Mr. CONRAD. Mr. President, Senator own life. $279,000,000. STABENOW has the time in opposition. During her testimony, Dana empha- On page 5, line 10, decrease the amount by $379,000,000. The PRESIDING OFFICER. The Sen- sized that she felt her sister Jami On page 5, line 11, decrease the amount by ator from Michigan. would still be alive had there been $485,000,000. Ms. STABENOW. Mr. President, just trained mental health professionals On page 5, line 16, decrease the amount by 3 days ago, President Obama released a available near the Spirit Lake Reserva- $10,829,000,000. bold new plan to revitalize the Amer- tion. Unfortunately, Jami didn’t re- On page 5, line 17, decrease the amount by $10,960,000,000. ican auto industry. We need to give ceive the services she needed. Dana, this plan a chance to work. There are her family, and the entire Spirit Lake On page 5, line 18, decrease the amount by $11,155,000,000. two or three different outcomes. But community were affected by the loss of On page 5, line 19, decrease the amount by they are in the middle of the boldest this precious young life. $11,434,000,000. restructuring of the American auto in- Jami did not receive the care she On page 5, line 20, decrease the amount by dustry we have ever seen. This would needed because we have a health care $11,813,000,000. cut the legs out from under that. system in Indian Country that is not On page 5, line 21, decrease the amount by Our President has made it clear that working. It is dramatically under- $12,298,000,000. On page 5, line 24, decrease the amount by we are not going to walk away from funded. We are rationing health care the people, the communities or the and people are dying as a result. It is $10,829,000,000. On page 5, line 25, decrease the amount by businesses—the thousands of busi- truly a scandal, which should be front- $10,960,000,000. nesses that depend on the auto indus- page news. On page 6, line 1, decrease the amount by try. Mr. President, by asking for an in- $11,155,000,000. I would finally say that all around crease in Indian health funding, my On page 6, line 2, decrease the amount by the world countries such as Japan help- amendment allows us to continue the $11,434,000,000. ing Toyota, Germany, Korea, China, dialogue with Indian Country. It em- On page 6, line 3, decrease the amount by $11,813,000,000. France—around the world, other coun- phasizes that the United States under- tries understand the critical nature for stands the health disparities that Na- On page 6, line 4, decrease the amount by $12,298,000,000. their own national security in terms of tive Americans face and that we will On page 15, line 17, decrease the amount by the auto industry; their economic secu- make Indian Country a priority this $10,800,000,000. rity in terms of building a middle class, Congress. I thank my colleagues for On page 15, line 18, decrease the amount by and they have stepped forward in this joining me today and in the future in $10,800,000,000. global credit crisis to help their auto supporting efforts to improve the On page 26, line 20, decrease the amount by industries. health of Native Americans throughout $29,000,000. We are now in the middle of a plan to the United States. On page 26, line 21, decrease the amount by $29,000,000. save jobs in communities and restruc- AMENDMENT NO. 965 On page 26, line 24, decrease the amount by ture. I urge strongly a ‘‘no’’ vote. Mr. CONRAD. Mr. President, next we $131,000,000. The PRESIDING OFFICER. The time go to an amendment by Senator On page 26, line 25, decrease the amount by of the Senator has expired. DEMINT with respect to the auto indus- $131,000,000. The question is on agreeing to try. On page 27, line 3, decrease the amount by amendment No. 965. The PRESIDING OFFICER. The Sen- $195,000,000. Mr. GREGG. I ask for the yeas and ator from South Carolina. On page 27, line 4, decrease the amount by nays. Mr. DEMINT. I call up amendment $195,000,000. The PRESIDING OFFICER. Is there a No. 965. On page 27, line 7, decrease the amount by sufficient second? There is a sufficient $279,000,000. The PRESIDING OFFICER. The On page 27, line 8, decrease the amount by second. clerk will report the amendment. $279,000,000. The clerk will call the roll. The legislative clerk read as follows: On page 27, line 11, decrease the amount by The assistant legislative clerk called The Senator from South Carolina [Mr. $379,000,000. the roll. DEMINT] proposes an amendment numbered On page 27, line 12, decrease the amount by Mr. DURBIN. I announce that the 965. $379,000,000. Senator from West Virginia (Mr. BYRD)

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.085 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4281 and the Senator from Massachusetts AMENDMENT NO. 901 authority of the Federal Deposit Insurance (Mr. KENNEDY) are necessarily absent. (Purpose: To express the sense of the Senate Corporation and the National Credit Union The PRESIDING OFFICER. Are there regarding the funding level for the Denali Administration, provided that such legisla- any other Senators in the Chamber de- Commission) tion does not increase the deficit over the period of the total of fiscal years 2009 through On page 35, strike line 11 and insert the fol- siring to vote? 2019. The result was announced—yeas 31, lowing: nays 66, as follows: (a) INFRASTRUCTURE.— AMENDMENT NO. 976 (1) IN GENERAL.—The Chairman of the Sen- [Rollcall Vote No. 148 Leg.] (Purpose: To establish a deficit-neutral re- ate serve fund to address our Nation’s long- YEAS—31 On page 35, between lines 23 and 24, insert term fiscal problems) Barrasso Enzi Nelson (NE) the following: Bunning Graham Risch The Chairman of the Budget Committee On page 32, line 10, after ‘‘increases;’’ in- Burr Grassley Roberts may also revise the allocations to allow sert ‘‘or’’ and the following: Chambliss Gregg Sessions funding for the Denali Commission estab- (4) protect Medicare Advantage enrollees Coburn Inhofe Shelby lished by section 303(a) of the Denali Com- from premium increases and benefit reduc- Cochran Isakson Specter tions in their Medicare Advantage plans that Collins Johanns mission Act of 1998 (42 U.S.C. 3121 note; 112 Thune Stat. 2681–637) for each applicable fiscal year would result from the estimate of the na- Cornyn Kyl Vitter tional per capita Medicare Advantage growth Crapo McCain at a level equal to not less than the level of Wicker DeMint McConnell funding made available for the Denali Com- percentage contained in the Centers for Ensign Murkowski mission during fiscal year 2006. Medicare & Medicaid Services’ Advance No- tice of Methodological Changes for Calender AMENDMENT NO. 903 NAYS—66 Year 2010, as proposed on February 20, 2009, Akaka Feingold Menendez (Purpose: To modify the deficit-neutral re- that is made using the Medicare payment Alexander Feinstein Merkley serve fund to invest in clean energy and rates for physicians’ services assumed in Baucus Gillibrand Mikulski preserve the environment to provide for such Advance Notice rather than the Medi- Bayh Hagan Murray additional funding for the conduct of arctic care payment rates for physicians’ services Begich Harkin Nelson (FL) oil spill research) Bennet Hatch Pryor assumed in the President’s budget proposal Bennett Hutchison Reed On page 33, line 5, before ‘‘implement’’, infor fiscal year 2010 (which accounts for addi- Bingaman Inouye Reid sert ‘‘set aside additional funding from the tional expected Medicare payments for such Bond Johnson Rockefeller Oil Spill Liability Trust Fund for arctic oil services). Boxer Kaufman Sanders spill research conducted by the Oil Spill Re- AMENDMENT NO. 867 Brown Kerry Schumer covery Institute,’’. Brownback Klobuchar Shaheen (Purpose: To reduce U.S. dependence on for- AMENDMENT NO. 886 Burris Kohl Snowe eign energy sources, minimize future gaso- Cantwell Landrieu Stabenow (Purpose: To create a deficit-neutral reserve line price increases, and reduce the federal Cardin Lautenberg Tester fund to improve the safety of the food sup- Carper Leahy Udall (CO) budget deficit through expanded oil and Casey Levin Udall (NM) ply in the United States) gas production on the Outer Continental Conrad Lieberman Voinovich On page 46, between lines 2 and 3, insert Shelf) Corker Lincoln Warner the following: Dodd Lugar Webb On page 33, line 1 after ‘‘reduce our Na- (c) FOOD SAFETY.—The Chairman of the tion’s dependence on imported energy’’ in- Dorgan Martinez Whitehouse Senate Committee on the Budget may revise Durbin McCaskill Wyden sert ‘‘including through expanded offshore the allocations of a committee or commit- oil and gas production in the Outer Conti- NOT VOTING—2 tees, aggregates, and other appropriate lev- nental Shelf’’. Byrd Kennedy els and limits in this resolution for one or more bills, joint resolutions, amendments, AMENDMENT NO. 819 The amendment (No. 965) was re- motions, or conference reports that would (Purpose: To reinstate the 60-vote point of jected. improve the safety of the food supply in the order under section 425(a)(2) of the Con- Mrs. MURRAY. Mr. President, I United States, by the amounts provided in gressional Budget Act of 1974 for legisla- move to reconsider the vote. such legislation for these purposes, provided tion that creates unfunded mandates on Ms. STABENOW. I move to lay that that such legislation would not increase the States and local governments) deficit over either the period of the total of motion on the table. On page 68, between lines 4 and 5, insert fiscal years 2009 through 2014 or the period of The motion to lay on the table was the following: the total of fiscal years 2009 through 2019. agreed to. SEC. lll. RESTRICTIONS ON UNFUNDED MAN- AMENDMENT NO. 792 Mr. CONRAD. Mr. President, we still DATES ON STATES AND LOCAL GOV- have probably 30-some amendments (Purpose: To modify the Deficit-Neutral Re- ERNMENTS. left to do. We are working through a serve Fund for Higher Education, to maxi- (a) POINT OF ORDER.—It shall not be in mize higher education access and afford- order in the Senate to consider any bill, process to try to put together man- ability by ensuring that institutions of agers’ packages that could clear the joint resolution, motion, amendment, or con- higher education and their students are ference report that would increase the direct significant majority of those amend- able to continue to participate in a com- costs of one or more States or local governments, but we still have a number of petitive student loan program, in order to ments by an amount that exceeds the thresh- amendments that will require votes. maintain a comprehensive choice of stu- old provided under section 424(a)(1) of the One of the lessons I hope we learn from dent loan products and services) Congressional Budget Act of 1974 (2 U.S.C. this is to never do it again. That would On page 34, line 10, strike ‘‘affordable,’’ and 658c(a)(1)). be my strong recommendation. insert ‘‘affordable while maintaining a com- (b) WAIVER AND APPEAL.—Subsection (a) In just a moment, we will be prepared petitive student loan program that provides may be waived or suspended in the Senate to have a managers’ package. students and institutions of higher education only by an affirmative vote of three-fifths of with a comprehensive choice of loan prod- the Members, duly chosen and sworn. An af- AMENDMENTS NOS. 901, 903, 886, 792, 958, 976, 867, ucts and services,’’. firmative vote of three-fifths of the Members 819, 960, 890, 733, 734, 939, 878, AND 841, EN BLOC AMENDMENT NO. 958 of the Senate, duly chosen and sworn, shall Mr. CONRAD. Mr. President, I pro- (Purpose: To provide for a deficit-neutral re- be required to sustain an appeal of the ruling pose a managers’ package that would serve fund to increase the borrowing au- of the Chair on a point of order raised under involve Begich No. 901, Begich No. 903, thority of the Federal Deposit Insurance subsection (a). Klobuchar No. 886, Alexander No. 792, Corporation and the National Credit Union AMENDMENT NO. 960 Crapo No. 958, Hatch No. 976, Hutchison Administration, and for other purposes) (Purpose: To increase amounts made avail- No. 867, Enzi No. 819, Barrasso No. 960, At the appropriate place, insert the fol- able for the conduct of reviews under the Barrasso No. 890, Crapo No. 733, Crapo lowing: National Environmental Policy Act of 1969) No. 734, Hatch No. 939, Hatch-Dodd No. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND IN- On page 13, line 21, increase the amount by 878, and Murkowski No. 841. I ask that CREASE FDIC AND NCUA BOR- ROWING AUTHORITY. $50,000,000. they be accepted by unanimous con- On page 13, line 22, increase the amount by sent. The chairman of the Committee on the Budget of the Senate may revise the aggre- $50,000,000. The PRESIDING OFFICER. Without gates, allocations, and other appropriate lev- On page 27, line 23, decrease the amount by objection, it is so ordered. The amend- els in this resolution for one or more bills, $50,000,000. ments are agreed to. joint resolutions, amendments, motions, or On page 27, line 24, decrease the amount by The amendments are as follows: conference reports to increase the borrowing $50,000,000.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.102 S02APPT1 rfrederick on PROD1PC67 with SENATE S4282 CONGRESSIONAL RECORD — SENATE April 2, 2009 AMENDMENT NO. 890 Administration White Oak Campus in Silver can give them, and their students, the (Purpose: To provide funding to enable cer- Spring, Maryland by 2012, by the amounts best options, the best services, and the tain individuals and entities to comply provided in such legislation for those pur- best programs. with the Endangered Species Act of 1973) poses, provided that such legislation would not increase the deficit over either the pe- The President’s budget proposes to On page 13, line 21, increase the amount by riod of the total of fiscal years 2009 through originate all new student loans in the $50,000,000. 2014 or the period of the total of fiscal years Direct Loan program, which is a pro- On page 13, line 22, increase the amount by 2009 through 2019. $50,000,000. posal that I do not support. When I was On page 27, line 23, decrease the amount by AMENDMENT NO. 878 U.S. Secretary of Education, I opposed $50,000,000. (Purpose: To increase funding for the Mater- the creation of the Direct Loan pro- On page 27, line 24, decrease the amount by nal and Child Health Block Grant within gram because I felt that the Federal $50,000,000. the Health Resources and Services Admin- Government shouldn’t be in the busi- AMENDMENT NO. 733 istration by $188,000,000 in fiscal year 2010) ness of being a bank. I still feel that (Purpose: To establish a deficit-neutral re- On page 19, line 24, increase the amount by way. The problem with the government serve fund for the innovative loan guar- $188,000,000. operating as a bank is that we would antee program of the Department of En- On page 19, line 25, increase the amount by have to borrow a lot of money and add ergy) $56,000,000. to the Federal deficit. The FFEL pro- On page 20, line 4, increase the amount by At the appropriate place in title II, insert gram last year generated $52.9 billion the following: $81,000,000. On page 20, line 8, increase the amount by in loans, while the Direct Loan pro- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND $34,000,000. gram generated $21.8 billion. If we were FOR INNOVATIVE LOAN GUARANTEE PROGRAM OF THE DEPARTMENT OF On page 20, line 12, increase the amount by to move all of the FFEL loans to the ENERGY. $13,000,000. government’s loan program, that’s a (a) IN GENERAL.—Subject to subsection (b), On page 27, line 23, decrease the amount by lot more debt to add to our books. I the Chairman of the Committee on the Budg- $188,000,000. don’t think we should do that right et of the Senate may revise the allocations, On page 27, line 24, decrease the amount by now when we know that the FFEL pro- $56,000,000. aggregates, and other levels in this resolu- gram is working. tion by the amounts provided by a bill, joint On page 28, line 3, increase the amount by resolution, amendment, motion, or con- $81,000,000. I also thought that the Federal Gov- ference report that authorizes an additional On page 28, line 7, increase the amount by ernment wouldn’t be able to manage $50,000,000,000 for use to provide loan guaran- $34,000,000. that many loans very effectively or ef- tees for eligible projects under title XVII of On page 28, line 11, increase the amount by ficiently for the students, and I haven’t the Energy Policy Act of 2005 (42 U.S.C. 16511 $13,000,000. changed my mind on that. There are et seq.). AMENDMENT NO. 841 6,000 colleges and universities, and over (b) DEFICIT NEUTRALITY.—Subsection (a) (Purpose: To increase funding for the 15 million loans each year to students applies only if the legislation described in National Health Service Corps) and parents. The Department of Edu- subsection (a) would not increase the deficit On page 19, line 24, increase the amount by over the period of the total of fiscal years cation can’t manage that many loans, $100,000,000. 2009 through 2014 or the period of the total of nor should they. It is a massive under- On page 19, line 25, increase the amount by fiscal years 2009 through 2019. taking that calls on over 30,000 people $30,000,000. throughout our Nation working for AMENDMENT NO. 734 On page 20, line 4, increase the amount by (Purpose: To establish a deficit-neutral re- $43,000,000. banks, guarantors, and nonprofit lend- serve fund for unclear research and devel- On page 20, line 8, increase the amount by ers. We don’t need to increase the De- opment) $18,000,000. partment of Education staffing by At the appropriate place in title II, insert On page 20, line 12, increase the amount by 30,000 people, so I don’t see why we the following: $7,000,000. should move all of the loans and oper- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND On page 27, line 23, decrease the amount by ations to that agency. FOR NUCLEAR RESEARCH AND DE- $100,000,000. As the president of one of our lenders On page 27, line 24, decrease the amount by VELOPMENT. in Tennessee recently wrote in the (a) IN GENERAL.—Subject to subsection (b), $30,000,000. the Chairman of the Committee on the Budg- On page 28, line 3, decrease the amount by Knoxville News Sentinel, ‘‘National- et of the Senate may revise the allocations, $43,000,000. izing the student loan industry would aggregates, and other levels in this resolu- On page 28, line 7, decrease the amount by be the equivalent of the government tion by the amounts provided by a bill, joint $18,000,000. taking over the parcel shipping indus- resolution, amendment, motion, or con- On page 28, line 11, decrease the amount by try and doing away with FedEx and ference report that authorizes nuclear re- $7,000,000. UPS, relying entirely on the U.S. Post- search and development activities, including AMENDMENT NO. 792 al Service.’’ We can’t afford to take the Generation IV program, the Advanced that risk when we are dealing with stu- Fuel Cycle Initiative, and the Light Water Mr. ALEXANDER. Mr. President, I Reactor Sustainability program. am pleased that the Senate unani- dents. (b) DEFICIT NEUTRALITY.—Subsection (a) mously approved my amendment to In the past week we have all heard applies only if the legislation described in maximize college affordability and ac- from many of the institutions of higher subsection (a) would not increase the deficit cess by helping to preserve competition education in our States favoring the over the period of the total of fiscal years and choice in the student loan pro- continuation of the FFEL program. My 2009 through 2014 or the period of the total of gram. I look forward to working with amendment does just that, and it sends fiscal years 2009 through 2019. my colleagues to preserve the Federal the message that the U.S. Senate sup- AMENDMENT NO. 939 Family Education Loan—FFEL—pro- ports giving colleges and universities— (Purpose: To establish a deficit-neutral re- gram as a viable program for students and ultimately parents and students— serve fund for the 2012 completion of Food and institutions of higher education. the choice which student loan program and Drug Administration facilities) My amendment is very straight- works best for them. On page 49, between lines 3 and 4, insert forward and it calls on the Congress to the following: Mr. CONRAD. Mr. President, let me maintain ‘‘a competitive student loan say that we are just about ready. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR program that provides students and in- THE 2012 COMPLETION OF FOOD I suggest the absence of a quorum. stitutions of higher education with a AND DRUG ADMINISTRATION FA- The PRESIDING OFFICER. The CILITIES. comprehensive choice of loan products clerk will call the roll. The Chairman of the Senate Committee on and services.’’ We know that institu- the Budget may revise the allocations of a tions of higher education like the abil- The assistant legislative clerk pro- committee or committees, aggregates, and ity to choose which program to partici- ceeded to call the roll. other appropriate levels and limits in this pate in, and 73 percent of schools Mr. CONRAD. Mr. President, I ask resolution for one or more bills, joint resolu- unanimous consent that the order for tions, amendments, motions, or conference choose to use the FFEL program. reports in order to provide sufficient funding I think that we should maintain that the quorum call be rescinded. for the General Services Administration to ability of institutions to choose which The PRESIDING OFFICER. Without complete construction of the Food and Drug program to participate in so that we objection, it is so ordered.

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.108 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4283 AMENDMENT NO. 967 explain it with quotes from the Presi- amendment of the Senator from South Mr. CONRAD. Mr. President, we are dent: Any earmark for a for-profit pri- Carolina? prepared to go to DeMint amendment vate company should be subject to the The amendment purports to prohibit No. 967. same competitive bidding requirements earmarks from being traded for ‘‘polit- Mr. DEMINT. Mr. President, I would as other Federal contracts; No. 2, each ical favors.’’ Mr. President, does this like to call up DeMint Amendment No. earmark must be open to scrutiny at mean it is OK to trade any other offi- 967. public hearings where Members will cial act for political favors? Does this The PRESIDING OFFICER. The have to justify their expense to the give Members license to pursue legisla- clerk will report. taxpayer; No. 3, earmarks that Mem- tive provisions for labor interests or The assistant legislative clerk read bers do seek might be aired on those for particular industries in exchange as follows: Members’ websites in advance so the for political favors? Of course, it The Senator from South Carolina [Mr. public and the press can examine them doesn’t. My colleagues are well aware DEMINT] proposes an amendment numbered and judge their merits for themselves; that trading earmarks or any other of- 967. and, No. 4, that he would prohibit the ficial act for political favors is already Mr. DEMINT. Mr. President, I ask trading of earmarks for public favors. against the laws and ethics rules of unanimous consent that the reading of It is just that simple. This is the this body. the amendment be dispensed with. President’s plan for earmark reform. I I am happy for earmarks and all The PRESIDING OFFICER. Without ask my colleagues to support it. other legislative matters to be subject objection, it is so ordered. The PRESIDING OFFICER. The Sen- to the scrutiny of the legislative proc- The amendment is as follows: ator from North Dakota. ess. That is exactly as it should be. I (Purpose: To implement President Obama’s Mr. CONRAD. Chairman INOUYE has hope my colleagues will support efforts earmark reforms) the time in opposition. to consider individual appropriations At the appropriate place, insert the fol- Mr. INOUYE. Mr. President, at this bills this summer in an orderly and lowing: moment, if you are trying to get an timely manner so that the Senator SEC. lll. EARMARK POINT OF ORDER. earmark in the bill, you have to have it from South Carolina and all other (a) IN GENERAL.—It shall not be in order in posted on your Web site 30 days before Members can offer amendments to the Senate to consider a bill, resolution, markup to give the public an oppor- eliminate spending that they see as amendment, or conference report that in- tunity to look at the Web site. wasteful. cludes— Secondly, there is much trans- But we don’t need new points of order (1) a congressional earmark to a private for parency, much more than ever before. to do this. I urge my colleagues to re- profit entity that is not subject to the same Thirdly, we have reduced earmarks competitive bidding requirements as other ject this amendment. Federal contracts; to less than 1 percent. And now that, as Mr. GREGG. I ask for the yeas and (2) a congressional earmark which has not our Senator has indicated, on March 11, nays. been the subject of a public hearing in the the President spoke on the earmarks, The PRESIDING OFFICER. Is there a committee of jurisdiction where the member it went something further. sufficient second? requesting the earmark has testified on its The President said: There appears to be. behalf; or I recognize that Congress has the power of The yeas and nays were ordered. (3) a congressional earmark which has not the purse, and I believe that individual Mem- Mr. CONRAD. Mr. President, I raise a been posted on the Member sponsor’s website bers of the Congress understand their dis- at least 72 hours before consideration of the point of order that the amendment is tricts best. They should have the ability to not germane. legislation. respond to the needs of the communities. (b) TRADING EARMARKS.—A Senator may The PRESIDING OFFICER. The mo- not trade a congressional earmark for any Yes, all of us were elected to rep- tion to waive is considered made. political favor, including a campaign con- resent our districts and our States. We Mr. DEMINT. I ask for the yeas and tribution. were not elected to be rubberstamps of nays on the motion to waive. (c) SUPERMAJORITY WAIVER AND APPEALS.— anyone. The PRESIDING OFFICER. Is there a (1) WAIVER.—Subsection (a) may be waived Mr. COCHRAN. Mr. President, the sufficient second? or suspended in the Senate only by the af- amendment of the Senator from South firmative vote of three-fifths of the Mem- There appears to be. Carolina creates a point of order The question is on agreeing to the bers, duly chosen and sworn. against legislation that does not com- (2) APPEALS.—Appeals in the Senate from motion to waive the Budget Act in re- the decisions of the Chair relating to any ply with President Obama’s recently lation to the DeMint amendment No. provision of subsection (a) shall be limited to proposed earmark reforms. 967. 1 hour, to be equally divided between, and The amendment ignores the layers of The yeas and nays have been ordered. controlled by, the appellant and the manager reforms that Congress has adopted in The clerk will call the roll. of the bill or joint resolution. An affirmative recent years and the reduction in the The assistant legislative clerk called vote of three-fifths of the Members of the amount of earmarks that has already Senate, duly chosen and sworn, shall be re- the roll. taken place. Mr. DURBIN. I announce that the quired to sustain an appeal of the ruling of For the coming fiscal cycle the Ap- the Chair on a point of order raised under Senator from West Virginia (Mr. BYRD) subsection (a). propriations Committee has required and the Senator from Massachusetts that earmarks be posted on the re- (d) DEFINITION.—In this section, the term (Mr. KENNEDY) are necessarily absent. ‘‘congressional earmark’’ means a provision questing Members’ Web sites well in The PRESIDING OFFICER. Are there or report language included primarily at the advance of the appropriations bills any other Senators in the Chamber de- request of a Member, Delegate, Resident even being considered in sub- siring to vote? Commissioner, or Senator providing, author- committee. This well exceeds the 72 izing or recommending a specific amount of The yeas and nays resulted—yeas 28, hour threshold sought by President nays 69, as follows: discretionary budget authority, credit au- Obama. And I note that President thority, or other spending authority for a Obama will not make public his own [Rollcall Vote No. 149 Leg.] contract, loan, loan guarantee, grant, loan YEAS—28 authority, or other expenditure with or to an earmark requests prior to publication entity, or targeted to a specific State, local- of his budget. Barrasso Ensign Martinez Bennet Enzi ity or Congressional district, other than The amendment would require all McCain Bunning Feingold McCaskill through a statutory or administrative for- Senators to testify at hearings in sup- Burr Graham Risch mula-driven or competitive award process. port of any earmarks they seek. If tes- Chambliss Grassley Sessions Mr. DEMINT. Mr. President, one of timony by Senators is to be required to Coburn Inhofe Snowe Corker Isakson the changes President Obama said he justify legislative initiatives, why on Thune Cornyn Johanns Vitter would bring to Washington is earmark Earth would we want to limit this to Crapo Kyl reform. earmarks? Shouldn’t Senators be re- DeMint Lieberman Last month, on March 11, he laid out quired to testify at hearings in support NAYS—69 his plan. And that is what this amend- of any legislative initiative they advo- Akaka Baucus Begich ment is. It is a four-point plan. I will cate? When was the hearing on the Alexander Bayh Bennett

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Bingaman Hatch Nelson (NE) AMENDMENT NO. 980, AS MODIFIED et of the Senate may revise the allocations, Bond Hutchison Pryor (Purpose: To deny funding for federal govern- aggregates, and other levels in this resolu- Boxer Inouye Reed ment expenditures to companies that are tion by the amounts provided by a bill, joint Brown Johnson Reid obtaining at least $1,000,000 in revenue resolution, amendment, motion, or con- Brownback Kaufman Roberts ference report that would set aside, from Burris Kerry Rockefeller from the sale of goods or services to or in- amounts made available for the Energy Star Cantwell Klobuchar Sanders vestment in Iran’s energy sector, includ- Cardin Kohl Schumer ing, but not limited to: the exploration, de- Program of the Environmental Protection Carper Landrieu Shaheen velopment or exploitation of Iran’s natural Agency, at least 2 percent for the Energy Casey Lautenberg Shelby gas or crude oil fields; the import of re- Star for Small Business Program. Cochran Leahy Specter fined petroleum products, including but (b) DEFICIT NEUTRALITY.—Subsection (a) Collins Levin Stabenow not limited to liquefied natural gas and pe- applies only if the legislation described in Conrad Lincoln Tester troleum bi-products into Iran; the en- that subsection would not increase the def- Dodd Lugar Udall (CO) hancement or maintenance of Iran’s oil re- icit over the period of the total of fiscal Dorgan McConnell Udall (NM) fineries; and assistance in the import and years 2009 through 2014 or the period of the Durbin Menendez Voinovich or export of energy products to or from total of fiscal years 2009 through 2019. Feinstein Merkley Warner AMENDMENT NO. 870 Gillibrand Mikulski Webb Iran, including the provision of shipment, Gregg Murkowski Whitehouse insurance, and reinsurance services) (Purpose: To provide for a total of $99,000,000 Hagan Murray Wicker On page 12, line 21, decrease the amount by in COPS Hot Spots funding, as authorized Harkin Nelson (FL) Wyden $1.00. in the Combat Meth Act) On page 12, line 22, decrease the amount by On page 24, line 24, increase the amount by NOT VOTING—2 $1.00. $99,000,000. Byrd Kennedy On page 27, line 23, decrease the amount by On page 24, line 25, increase the amount by $1.00. $12,000,000. The PRESIDING OFFICER. On this On page 27, line 24, decrease the amount by On page 25, line 4, increase the amount by $1.00. $28,000,000. vote, the yeas are 28, the nays are 69. On page 27, line 23, decrease the amount by AMENDMENT NO. 830 Three-fifths of the Senators duly cho- $99,000,000. sen and sworn not having voted in the (Purpose: To provide for legislation that al- On page 27, line 24, decrease the amount by lows for a temporary suspension of the 10 affirmative, the motion is rejected. $12,000,000. percent tax penalty in order for struggling On page 28, line 3, decrease the amount by The point of order is sustained and the families to make an early withdrawal from $28,000,000. amendment falls. their qualified retirement accounts to pay AMENDMENT NO. 810 their monthly mortgage payments) The Senator from North Dakota. (Purpose: To modify the deficit-neutral re- On page 40, strike lines 9 through 22 and in- serve fund for economic stabilization and MODIFICATION TO PURPOSE OF AMENDMENT NO. sert the following: growth to promote new employment oppor- 890 (f) HOUSING ASSISTANCE.—The Chairman of tunities that are critical to economic re- the Senate Committee on the Budget may Mr. CONRAD. Mr. President, I ask covery by supporting workforce strategies revise the allocations of a committee or that help workers seeking specialized unanimous consent that notwith- committees, aggregates, and other appro- training for emerging industries) priate levels and limits in this resolution for standing the adoption of amendment On page 37, line 24, insert ‘‘by increasing one or more bills, joint resolutions, amend- No. 890 by Senator BARRASSO, the support for sector workforce training,’’ after ments, motions, or conference reports re- ‘‘products,’’. amendment be modified in the purpose lated to housing assistance, which may in- statement. The modification is at the clude low income rental assistance, assist- AMENDMENT NO. 940 desk. ance provided through the Housing Trust Ms. SNOWE. Mr. President, as rank- Fund created under section 1131 of the Hous- ing member of the Senate Committee The PRESIDING OFFICER. Without ing and Economic Recovery Act of 2008, and on Small Business and Entrepreneur- objection, it is so ordered. legislation that allows for a temporary sus- ship, and as a longstanding steward of The purpose, as modified, is as fol- pension of the 10 percent tax penalty in order the environment, I have continuously for struggling families to make an early requested increased funding for the En- lows: withdrawal from their qualified retirement vironmental Protection Agency’s En- (Purpose: To provide funding for voluntary accounts to pay their monthly mortgage payments, by the amounts provided in such ergy Star for Small Business Program, efforts to conserve endangered species and which has documented how voluntary to enable certain individuals and entities legislation for those purposes, provided that action by small business owners can re- to comply with the Endangered Species such legislation would not increase the deficit over either the period of the total of fis- Act of 1973) duce energy costs by 30 percent or cal years 2009 through 2014 or the period of more. AMENDMENTS NOS. 980, AS MODIFIED; 830, 765, 940, the total of fiscal years 2009 through 2019. The Snowe-Landrieu amendment 870, AND 810 AMENDMENT NO. 765 would require that a minimum of 2 per- Mr. CONRAD. Mr. President, I have (Purpose: To provide that the authorized cli- cent of the EPA’s Energy Star Pro- mate change legislation decrease green- six amendments that have been agreed gram’s total budget be allocated to the house gas emissions without regulating Energy Star for Small Business Pro- to by both sides, starting with Kyl carbon dioxide, nitrogen oxide, water gram. This critical program provides amendment No. 980, as modified, on vapor, or methane emissions from biologi- free unbiased information and tech- cal processes associated with livestock Iran—I think the modification is at the nical support for small businesses to desk. production) On page 33, lines 19 and 20, after ‘‘emis- improve their company’s financial per- Mr. KYL. It is. sions’’ insert the following: ‘‘(without regu- formance by reducing energy waste and Mr. CONRAD. The modification is at lating carbon dioxide, nitrogen oxide, water energy costs, while protecting the Earth’s environment. the desk—Coburn amendment No. 830; vapor, or methane emissions from biological processes associated with livestock produc- Regrettably, in the past, less than 2 Barrasso No. 765; Snowe-Landrieu No. tion)’’. percent of Energy Star’s annual fund- 940; Thune No. 870; and Brown No. 810. AMENDMENT NO. 940 ing has been allocated to the Small I ask unanimous consent those six (Purpose: To establish a deficit-neutral re- Business program which is responsible amendments be agreed to. serve fund to require a certain portion of for reaching the entire small business funding for the Energy Star Program of community, thereby restricting its tre- The PRESIDING OFFICER. Without the Environmental Protection Agency to mendous potential impact. This inad- objection, the amendments are agreed be allocated to the Energy Star for Small equate percentage grossly underesti- to. Business Program) mates the critical role small businesses At the appropriate place in title II, insert The amendments (Nos. 980, as modi- can play in improving our Nation’s en- the following: ergy efficiency and reducing our carbon fied; 830, 765, 940, 870, and 810) were SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND agreed to, as follows: FOR ENERGY STAR FOR SMALL BUSI- footprint. NESS PROGRAM. Through efforts to increase energy (a) IN GENERAL.—Subject to subsection (b), efficiency, small businesses can con- the Chairman of the Committee on the Budg- tribute to America’s energy security,

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.132 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4285 help to combat global warming, while tries and to advance employment op- puts a budget point of order against an strengthening their competitive advan- portunities. For example, the State of appropriation in this area that does tage all at the same time. With 27 mil- Maine has created a program called the not fund the fence completion. lion small businesses in the U.S. com- North Star Alliance Initiative. The Al- The PRESIDING OFFICER. The prising 99.7 percent of all domestic em- liance has brought together Maine’s clerk will report the amendment. ployer firms and producing approxi- boat builders, the University of The legislative clerk read as follows: mately half of all the commercial and Maine’s Advanced Engineered Wood The Senator from Alabama [Mr. SESSIONS] industrial energy in the United States, Composites Centers, Maine’s marine proposes an amendment numbered 969. the role small businesses can play in and composite trade association, eco- The amendment is as follows: forging a solution to global climate nomic development groups, and invest- (Purpose: To provide for a point of order change and rising energy prices is un- ment organizations for the purpose of against any appropriations bill that fails deniable. advancing workforce training. to fully fund the construction of the This amendment would provide small In order to promote programs like Southwest border fence) businesses with the funding, technical the North Star Alliance Initiative, On page 68, between lines 4 and 5, insert assistance, and resources necessary to Senator BROWN and I introduced the the following: improve small business energy effi- SECTORS Act, S. 777, which provides SEC. ll. POINT OF ORDER AGAINST FAILURE TO ciency. Every effort must be made at grants to industry clusters—inter- FULLY FUND SOUTHWEST BORDER the Federal level to ensure the connec- related group of businesses, service FENCE. tion small businesses can engage in providers, and associated institutions (a) POINT OF ORDER.—After a concurrent clean and renewable energy. I appre- in order to establish and expand sector resolution on the budget in the Senate is partnerships. By providing financial as- agreed to, it shall not be in order in the Sen- ciate the support of my colleagues on ate to consider any appropriations bill that this amendment. sistance to these partnerships, this leg- fails to provide at least $2,600,000,000 to carry AMENDMENT NO. 810 islation would create customized work- out section 102(b)(1) of the Illegal Immigra- Mr. President, I support the amend- force training solutions for specific in- tion Reform and Immigrant Responsibility ment offered by Senator BROWN, which dustries at a regional level. A sector Act of 1996 (8 U.S.C. 1103 note). I am cosponsoring, to create a deficit- approach is beneficial because it can (b) FORM OF POINT OF ORDER.—A point of neutral reserve fund to support funding focus on the dual goals of promoting order under subsection (a) may be raised by for critical workforce strategy pro- the long-term competitiveness of in- a Senator as provided in section 313(e) of the Congressional Budget Act of 1974. grams that help individuals seeking dustries and advancing employment opportunities for workers, thereby en- (c) WAIVER.—This section may be waived specialized training for emerging in- or suspended only by the affirmative vote of dustries. This reserve fund will help couraging economic growth. Existing three-fifths of the Members, duly chosen and highlight the need for resources to sector partnerships have long been rec- sworn. grow new employment opportunities ognized as key strategic elements with- (d) APPEALS.—An affirmative vote of three- that are critical to economic recovery in some of the most successful eco- fifths of the Members, duly chosen and by supporting workforce strategy pro- nomic development initiatives sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order grams that help those in need of train- throughout the country. Unfortu- nately, current federal policy does not raised under this section. ing. (e) SUNSET PROVISION.—This section shall Any effort to further stabilize our ca- provide sufficient support for these critical ventures. This amendment will cease to be effective on the earlier of— reening economy must include consid- (1) the date on which $2,600,000,000 is appro- eration of job training and trans- help ensure that critical funding will priated to carry out section 102(b)(1) of the formation. Improving and reauthor- be made available for the SECTORS Illegal Immigration Reform and Immigrant izing the Workforce Investment Act, Act if it is passed into law. Responsibility Act of 1996; or WIA, to help the millions of unem- AMENDMENT NO. 969 (2) the date that is 2 years after the date of ployed—and millions more under- Mr. CONRAD. Mr. President, now we enactment of this Act. employed—must be a critical element wish to go to the Sessions amendment Mr. CONRAD. Mr. President, Senator of bolstering our economy. No. 969. SCHUMER has the time in opposition. Much has been made of the phe- Senator SESSIONS. The PRESIDING OFFICER. The Sen- nomena of ‘‘green jobs’’ and a ‘‘green The PRESIDING OFFICER. The Sen- ator from New York. technology.’’At a recent speech in At- ator from Alabama. Mr. SCHUMER. Mr. President, many Mr. SESSIONS. Mr. President, I lanta, author Tom Friedman urged of us supported the fence. Many of us thank the chairman of the committee. opposed it. But one thing is for sure, America to retake the lead in the This Congress passed the Secure there is only about $120 million left to world through innovation in ‘‘ET’’— Fence Act of 2006 by a vote of 80 to 19, complete this section of the fence. Energy Technology. Friedman said the with broad bipartisan support, includ- United States needs to ‘‘invent a The amendment we have before us— ing then-Senators Obama, BIDEN, and without an evaluation as to whether it source of abundant, cheap, clean, reli- Clinton. We committed to 700 miles of is effective, without an evaluation of able electrons.’’ He compared the ‘‘ET’’ barriers. Today we are less than half- where the new parts should go, without movement to the ‘‘IT’’—Information way there. The funding has simply not an evaluation as to whether there are Technology—movement of the last dec- been there. ade. There are thousands of entre- Some progress is being made in areas other, better ways to deal with the preneurs who are developing the next where the fencing is in place. We have problem of undocumented and illegal energy concept that will revolutionize had a dramatic reduction in crime in immigration—says vote $2.6 billion our energy policies, and those concepts the San Diego area since the fence was whether it works or not. That does not will need a highly educated and pre- completed a number of years ago. This make much sense at a time when we pared workforce to make them a re- will help us reduce crime. It will help are trying to balance the budget, be fis- ality. The job training programs al- us reduce drug smuggling, gun smug- cally austere. ready in place under the Workforce In- gling, and immigration violations. We I had prepared a side by side. Let’s vestment Act can help activate Ameri- have a lawless border. have an evaluation by the Department cans, and expedite the transformation Progress is being made, colleagues. of Homeland Security and the Border into a new energy economy. I believe We are seeing a reduction in the num- Patrol and everyone else as to whether this amendment will help ensure fund- ber of people entering America, a re- the fence is working. I do not think ing for our workers to get the best duction in the number of arrests. And that is clear. We should find out where training and pave the way for just such if we follow through with what we have it is working, how to make it better. a revolutionary shift in the future of told the American people we intend to Another thing we do here, without this country. do, we will be able to create a lawful even any test, is set a double fence— Throughout the Nation, workforce system of immigration, which is a re- $2.6 billion whether we know it works strategy programs, like those within sponsibility this Congress has. or not. I urge the amendment be de- WIA, are being used to promote the I urge support of this amendment. It feated; we let the Department of Home- long-term competitiveness of indus- is consistent with previous votes. It land Security study the most effective

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.013 S02APPT1 rfrederick on PROD1PC67 with SENATE S4286 CONGRESSIONAL RECORD — SENATE April 2, 2009 way to deal with illegal immigration, passage. I wish to thank all the col- AMENDMENT NO. 964 and if a double fence or another thing leagues who have helped us get to this DeMint No. 964 is the next amend- is needed, we will learn about that in point. ment in order. time. AMENDMENT NO. 963 Mr. DEMINT. Mr. President, I wish to Mr. President, I yield the floor. The next amendment in order would call up amendment No. 964. The PRESIDING OFFICER. The Sen- be the DeMint amendment No. 963 on The PRESIDING OFFICER. The ator’s time has expired. health care. clerk will report. Mr. CONRAD. Mr. President, I raise a Mr. DEMINT. Mr. President, I wish to The bill clerk read as follows: point of order that the amendment is call up DeMint amendment No. 963. The Senator from South Carolina [Mr. not germane. The PRESIDING OFFICER. The DEMINT] proposes an amendment numbered The PRESIDING OFFICER. The mo- clerk will report. 964. tion to waive is considered made. The bill clerk read as follows: The amendment is as follows: Mr. GREGG. I ask for the yeas and The Senator from South Carolina [Mr. (Purpose: To establish a deficit-neutral re- nays on the motion. DEMINT] proposes an amendment numbered serve fund to protect small and home busi- The PRESIDING OFFICER. Is there a 963. nesses from the burdensome and imprac- sufficient second? The PRESIDING OFFICER. The tical requirements of the Consumer Prod- uct Safety Improvement Act of 2008) There appears to be a sufficient sec- amendment is as follows: ond. (Purpose: To provide for a point of order At the appropriate place, insert the following: The question is on agreeing to the against any legislation that eliminates the ability of Americans to keep their health SEC. lll. DEFICIT-NEUTRAL RESERVE FUND motion. plan or their choice of doctor) FOR IMPROVEMENTS TO BAN ON The clerk will call the roll. LEAD IN CHILDREN’S PRODUCTS. At the appropriate place, insert the fol- (a) IN GENERAL.—The Chairman of the The bill clerk called the roll. lowing: Mr. DURBIN. I announce that the Committee on the Budget of the Senate may SEC. ll. POINT OF ORDER ON LEGISLATION revise the allocations of 1 or more commit- Senator from West Virginia (Mr. BYRD) THAT ELIMINATES THE ABILITY OF and the Senator from Massachusetts AMERICANS TO KEEP THEIR tees, aggregates, and other appropriate lev- HEALTH PLAN OR THEIR CHOICE OF els in this resolution by the amounts author- (Mr. KENNEDY) are necessarily absent. DOCTOR. ized to be appropriated for the programs de- The PRESIDING OFFICER (Mr. (a) IN GENERAL.—In the Senate, it shall not scribed in paragraphs (1) through (6) in 1 or WHITEHOUSE). Are there any other Sen- be in order, to consider any bill, joint resolu- more bills, joint resolutions, amendments, ators in the Chamber desiring to vote? tion, amendment, motion, or conference re- motions, or conference reports that fund The yeas and nays resulted—yeas 36, port that eliminates the ability of Ameri- consumer product safety, including any pro- nays 61, as follows: cans to keep their health plan or their choice gram that— of doctor (as determined by the Congres- (1) delays the lead ban in section 101 of the [Rollcall Vote No. 150 Leg.] sional Budget Office). Consumer Product Safety Improvement Act YEAS—36 (b) WAIVER.—This section may be waived of 2008 (15 U.S.C. 1278a) by 6 months; Alexander Cornyn Johanns or suspended only by an affirmative vote of (2) exempts thrift stores, consignment Barrasso Crapo Kyl three-fifths of the Members, duly chosen and shops, and other second hand sellers from Bayh DeMint McCain sworn. the provisions of such section; Bennett Ensign McConnell (c) APPEALS.—An affirmative vote of three- (3) exempts children’s motorcycles and all Bond Enzi Nelson (NE) fifths of the Members of the Senate, duly terrain vehicles from treatment as banned Brownback Graham Risch chosen and sworn, shall be required to sus- Bunning Grassley Roberts hazardous substances under such section; Burr Gregg Sessions tain an appeal of the ruling of the Chair on (4) exempts books from treatment as Chambliss Hatch Shelby a point of order raised under this section. banned hazardous substances under such sec- Coburn Hutchison Thune Mr. DEMINT. Mr. President, there tion; Cochran Inhofe Vitter are a number of concerns about this (5) allows a product to comply with the Corker Isakson Wicker budget, and I have heard from a num- lead ban in such section if every component NAYS—61 ber of Americans who see in the budget of the product complies with the ban; or (6) does not require products manufactured Akaka Harkin Nelson (FL) hundreds of millions of dollars for before the effective date of the ban under Baucus Inouye Pryor health care which suggests that the Begich Johnson Reed such section to be removed from store Bennet Kaufman Reid Government is not only going to ex- shelves. Bingaman Kerry Rockefeller pand into banks and auto companies (b) LIMITATION.—The authority described Boxer Klobuchar Sanders and education but to expand into in subsection (a) may not be used unless the Brown Kohl Schumer health care. One of the propositions appropriations in the legislation described in Burris Landrieu Shaheen paragraphs (1) through (6) of subsection (a) Cantwell Lautenberg President Obama made is that Ameri- Snowe Cardin Leahy cans will always be able to pick their would not increase the deficit over— Specter (1) the 6-year period beginning with the Carper Levin own plans and choose their own doc- Casey Lieberman Stabenow first day of fiscal year 2009; or Collins Lincoln Tester tors. This amendment simply codifies (2) the 11-year period beginning with the Conrad Lugar Udall (CO) that. It creates a point of order against first day of fiscal year 2009. Dodd Martinez Udall (NM) any legislation that would eliminate Dorgan McCaskill Voinovich Mr. DEMINT. Mr. President, I ask Durbin Menendez Warner the ability of a patient to pick their unanimous consent to add as cospon- Feingold Merkley Webb own plans or their own doctor. sors Senators BENNETT, ENZI, Feinstein Mikulski Whitehouse I encourage my colleagues to support Gillibrand Murkowski Wyden BROWNBACK, COBURN, and VITTER. it. The PRESIDING OFFICER. Without Hagan Murray The PRESIDING OFFICER. Mr. objection, it is so ordered. NOT VOTING—2 President, would Senator DEMINT be Mr. DEMINT. Mr. President, I ask for Byrd Kennedy willing to accept a voice vote? my colleagues’ attention because this Mr. DEMINT. If you can assure me we The PRESIDING OFFICER. On this is not a partisan amendment; it is not will win. vote the yeas are 36, the nays are 61. Mr. CONRAD. I assure you. a messaging amendment. Three-fifths of the Senators duly cho- Mr. DEMINT. It is a done deal. Thank Many of my colleagues have probably sen and sworn not having voted in the you. heard from a number of constituents affirmative, the motion is rejected. Mr. CONRAD. Mr. President, I ask to about some problems with the Con- The point of order is sustained and the take this on a voice vote. sumer Product Safety Act that we amendment falls. The PRESIDING OFFICER. The passed. This amendment simply allows Mr. SCHUMER. Mr. President, I question is on agreeing to the amend- for the improvement of that bill with move to reconsider the vote, and I ment. certain considerations such as allowing move to lay that motion on the table. The amendment (No. 963) was agreed current inventory to sell through, ex- The motion to lay on the table was to. empting thrift stores and secondhand agreed to. Mr. CONRAD. Mr. President, that sellers, exempting book sales and chil- Mr. CONRAD. Mr. President, we are gives us five. We are going to go to the dren’s motorcycles, allowing manufac- now down to six amendments and final countdown; five plus final passage. turers to prove there is no lead content

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.131 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4287 by proving that their components have Collins Kohl Reed The amendment is as follows: Conrad Landrieu Reid no lead contents. This means they (Purpose: To protect the freedom of con- Cornyn Lautenberg Rockefeller don’t have to destroy existing inven- Dodd Leahy Sanders science for patients and the right of health tory if they can prove it is safe. This Dorgan Levin Schumer care providers to serve patients without amendment does nothing to diminish Durbin Lieberman Shaheen violating their moral and religious convic- Feingold Lincoln safety, but it is common sense. Stabenow tions) Feinstein Martinez Tester On page 31, strike lines 3 through 7 and in- Gillibrand McCain Please, this is costing millions of dol- Udall (CO) Gregg McCaskill sert the following: ‘‘cans; lars, thousands of jobs across this Udall (NM) Harkin Menendez (8) maintain long-term fiscal sustain- Warner country. I encourage my colleagues to Inouye Merkley ability and pays for itself by reducing health support this amendment. Johanns Mikulski Webb care cost growth, improving productivity, or Mr. CONRAD. Mr. President, Senator Johnson Murray Whitehouse dedicating additional sources of revenue; or Wyden PRYOR has the time in opposition. Kaufman Nelson (FL) (9)(A) subject to subparagraph (B), protect Kerry Pryor Mr. CONRAD. Senator PRYOR has the the freedom of conscience for patients and time in opposition. NOT VOTING—2 the right of health care providers to serve The PRESIDING OFFICER. The Sen- Byrd Kennedy patients without violating their moral and religious convictions, which includes, but is ator from Arkansas is recognized. The amendment (No. 964) was re- not limited to, prohibiting— Mr. PRYOR. Mr. President, this jected. (i) discrimination on the basis of a pro- amendment is a bad amendment. Last The PRESIDING OFFICER. The Sen- vider’s objection to perform or participate in year, the Senate passed this legislation ator from North Dakota. specific surgical or medical procedures or with 97 votes. It is a good bill. It bans AMENDMENT NO. 870, AS MODIFIED prescribe certain pharmaceuticals; lead in children’s toys. It does so many Mr. CONRAD. Mr. President, I ask (ii) legal coercion against a provider who other great things to make sure our unanimous consent that the Thune expresses a conscience objection to perform marketplace is safe. It protects us from or participate in specific surgical or medical amendment, No. 870, be modified with procedures or prescribe certain pharma- unsafe Chinese toys. the changes which are at the desk, not- ceuticals; and We need to vote against this amend- withstanding adoption of the amend- (iii) government coercion of patients to en- ment. The problem is not with the act. ment. roll in specific health insurance plans or see It is very clear from the Consumer The PRESIDING OFFICER. Without pre-selected health care providers; and Product Safety Commission, where the objection, it is so ordered. (B) require the principles described in sub- Commissioner, who is not the Chair- The amendment, as modified, is as paragraph (A) shall not be construed to au- man, says that the single most impor- follows: thorize or shield from liability the denial, on tant step that needs to be taken in fur- On page 24, line 24, increase the amount by the basis of a patient’s race or present or predicted disability, of a surgical or medical therance of the implementation of the $99,000,000. On page 24, line 25, increase the amount by procedure or pharmaceutical that a provider CPSIA at the agency is to have a third $12,000,000. offers to others;’’. Commissioner who would also be a On page 25, line 4, increase the amount by The PRESIDING OFFICER. The Sen- chairman appointed to lead the agency. $28,000,000. ator from North Dakota. Until then, any legislative fixes are On page 25, line 8, increase the amount by Mr. CONRAD. Mr. President, Senator $59,000,000. premature. MURRAY has the time in opposition. The CPSC has the authority to fix all On page 27, line 23, decrease the amount by $99,000,000. The PRESIDING OFFICER. The Sen- the problems that have been raised by On page 27, line 24, decrease the amount by ator from Washington. the Senator from South Carolina. $12,000,000. Mrs. MURRAY. Mr. President, this I strongly urge that we vote for our On page 28, line 3, decrease the amount by amendment would put in place a regu- children and vote no on the DeMint $28,000,000. lation that would mean health care amendment. On page 28, line 7, decrease the amount by providers—not just doctors but any- Mr. CONRAD. Mr. President, I ask $59,000,000. body in a health care clinic or hos- for the yeas and nays. Mr. CONRAD. Mr. President, we are pital—could refuse millions of women The PRESIDING OFFICER. Is there a now down to three amendments and health care for critical services. It sufficient second? final passage, and one of the three can jeopardizes Federal family planning There is a sufficient second. be done on a voice vote. services, Medicaid, and title X, and it The question is on agreeing to the AMENDMENT NO. 828 undermines State laws that guarantee amendment. The next amendment in order is women access to contraceptive serv- The legislative clerk called the roll. Coburn amendment No. 828. ices. Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- Health and Human Services has pro- Senator from West Virginia (Mr. BYRD) ator from Oklahoma. posed to rescind this rule which the and the Senator from Massachusetts Mr. COBURN. Mr. President, imagine Bush administration published when (Mr. KENNEDY), are necessarily absent. tomorrow morning, if we are in session, their clock was running out. The PRESIDING OFFICER. Are there and you no longer get to vote your con- This amendment puts ideology ahead any other Senators in the Chamber de- science, that a Federal bureaucrat will of science and ahead of women’s health siring to vote? tell you what you can and cannot do. care. Federal law already permits med- The result was announced—yeas 39, The fact is, we have wonderful physi- ical professionals to decline to assist in nays 58, as follows: cians in this country who make deci- abortions based on their religious be- [Rollcall Vote No. 151 Leg.] sions every day based on a multitude of liefs. But stopping this regulation will factors, including what they think in YEAS—39 not change that. This amendment goes their conscience is right. This is an way too far and ignores the needs of Alexander DeMint McConnell amendment which simply protects that Barrasso Ensign Murkowski patients and denies women reproduc- Begich Enzi Nelson (NE) right, just as you would want the right tive health care services. Bennett Graham Risch for your vote in this body to be pro- I encourage my colleagues to vote no. Bond Grassley Roberts tected. It also protects the conscience Mr. GREGG. I ask for the yeas and Brownback Hagan Sessions Bunning Hatch Shelby of a patient to be able to choose the nays. Burr Hutchison Snowe physician and the caregiver to whom The PRESIDING OFFICER. Is there a Chambliss Inhofe Specter they trust their body and their health. sufficient second? Coburn Isakson Thune I hope this body will support this There appears to be a sufficient sec- Cochran Klobuchar Vitter Corker Kyl Voinovich amendment. ond. Crapo Lugar Wicker I yield the floor. The question is on agreeing to the The PRESIDING OFFICER. The amendment. The clerk will call the NAYS—58 clerk will report the amendment. roll. Akaka Bingaman Cantwell The legislative clerk read as follows: The bill clerk called the roll. Baucus Boxer Cardin Bayh Brown Carper The Senator from Oklahoma [Mr. COBURN] Mr. DURBIN. I announce that the Bennet Burris Casey proposes an amendment numbered 828. Senator from West Virginia (Mr. BYRD)

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.134 S02APPT1 rfrederick on PROD1PC67 with SENATE S4288 CONGRESSIONAL RECORD — SENATE April 2, 2009 and the Senator from Massachusetts Mr. CONRAD. Mr. President, I ask ment. If they tested positive again, (Mr. KENNEDY) are necessarily absent. unanimous consent that we accept the then and only then would they be de- The PRESIDING OFFICER. Are there amendment. nied the benefit. any other Senators in the Chamber de- The PRESIDING OFFICER. Is there Under no circumstances, would the siring to vote? objection? Hearing no objection, it is children of that beneficiary be denied The result was announced—yeas 41, so ordered. the children’s benefit because they, of nays 56, as follows: The amendment (No. 751) was agreed course, would not be a guilty party in [Rollcall Vote No. 152 Leg.] to. any way. YEAS—41 Mr. CONRAD. Mr. President, I thank Mr. President, I reserve the remain- Alexander DeMint McCain Senator VITTER, and I also want to der of my time. Barrasso Ensign McConnell take just a moment to thank Senator The PRESIDING OFFICER. The Sen- Bennett Enzi Murkowski CRAPO for his graciousness in with- ator from North Dakota. Bond Graham Nelson (NE) drawing an amendment, as well as Sen- Mr. CONRAD. Mr. President, Senator Brownback Grassley Pryor ator MARTINEZ for his graciousness in Bunning Gregg Risch BAUCUS will speak in opposition to the Burr Hatch Roberts withdrawing an amendment. We appre- amendment. Casey Hutchison Sessions ciate it very much. The PRESIDING OFFICER. (Mr. Chambliss Inhofe Shelby Coburn Isakson AMENDMENT NO. 937 BEGICH). The Senator from Montana. Thune Cochran Johanns Mr. BAUCUS. Mr. President, I oppose Vitter We are now on to the final amend- Corker Kyl ment before final passage, No. 937, by this amendment for a lot of reasons. Cornyn Lugar Voinovich Crapo Martinez Wicker Senator VITTER. No. 1, this is an unfunded mandate. The The PRESIDING OFFICER. The Sen- TANF program, the low-income pro- NAYS—56 ator from Louisiana. gram, the welfare program, is a block Akaka Gillibrand Murray Mr. VITTER. Mr. President, I call up grant program. We give to all the Baucus Hagan Nelson (FL) Bayh Harkin Reed amendment No. 937. States and the States set up their own Begich Inouye Reid The PRESIDING OFFICER. The systems under TANF. This is an un- Bennet Johnson Rockefeller clerk will report. funded mandate. It tells States they Bingaman Kaufman Sanders The assistant legislative clerk read have to test all low-income people for Boxer Kerry Schumer as follows: drugs. Brown Klobuchar Shaheen Burris Kohl Snowe The Senator from Louisiana [Mr. VITTER] I think, frankly, it is a mean-spirited Cantwell Landrieu Specter proposes an amendment numbered 937. amendment. I believe we should not Cardin Lautenberg Stabenow Carper Leahy Mr. VITTER. Mr. President, I ask equate all low-income families with Collins Levin Tester unanimous consent to waive the read- drug addiction. States can decide for Udall (CO) Conrad Lieberman ing of the amendment. themselves if they want to drug test. Dodd Lincoln Udall (NM) Dorgan McCaskill Warner The PRESIDING OFFICER. Without My State of Montana does. TANF, Durbin Menendez Webb objection, it is so ordered. again, is a block grant program. States Feingold Merkley Whitehouse The amendment is as follows: can decide for themselves what they Feinstein Mikulski Wyden (Purpose: To require States to implement want to do. We should not equate all NOT VOTING—2 drug testing programs for applicants for low-income families with drug addic- Byrd Kennedy and recipients of assistance under the tion, and I strongly encourage this The amendment (No. 828) was re- Temporary Assistance for Needy Families amendment be soundly defeated. (TANF) program, which would encourage Mr. VITTER. Mr. President, how jected. healthy, drug-free families instead of en- The PRESIDING OFFICER. The Sen- much time do I have remaining? couraging dependent behavior or on-going The PRESIDING OFFICER. The Sen- ator from North Dakota. drug abuse) Mr. CONRAD. Mr. President, the next ator has 27 seconds remaining. At the appropriate place in title II, insert Mr. VITTER. Mr. President, I don’t amendment that is in order is amend- the following: understand what is mean spirited ment No. 751 by Senator VITTER, if he SEC.ll. RESERVE FUND TO REQUIRE DRUG could briefly mention the amendment. TESTING AND TO PROVIDE DRUG about not giving tax money to folks TREATMENT FOR TANF RECIPIENTS. who have drug problems and about try- AMENDMENT NO. 751 The Chairman of the Committee on the ing to get them help, which is the first Mr. VITTER. Mr. President, I call up Budget of the Senate may revise the alloca- and most important thing we can do to amendment No. 751. tions of a committee or committees, aggre- actually help them. The PRESIDING OFFICER. The gates, and other levels in this resolution for I urge broad bipartisan support for clerk will report. a bill, joint resolution, amendment, motion, this commonsense amendment. The legislative clerk read as follows: or conference report that— (1) Would require that States operate a The PRESIDING OFFICER. The The Senator from Louisiana [Mr. VITTER] question is on agreeing to amendment proposes an amendment numbered 751. drug testing program as part of their Tem- porary Assistance for Needy Families No. 937. Mr. VITTER. Mr. President, I ask (TANF) program; Mr. GREGG. I ask for the yeas and unanimous consent to waive the read- (2) Would provide treatment programs for nays. ing of the amendment. those who test positive for illegal drug use or The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without are convicted of drug-related crime; sufficient second? There appears to be (3) Would withhold TANF assistance for objection, it is so ordered. a sufficient second. The clerk will call The amendment is as follows: two years to any recipient who, after initially testing positive and having been of- the roll. (Purpose: To protect the more than 6 million fered treatment, again tests positive; and The legislative clerk proceeded to Americans employed by the domestic oil (4) Would not reduce or deny TANF assist- call the roll. and gas industry and to ensure low-cost en- ance allocated for dependents if the depend- Mr. DURBIN. I announce that the ergy for America’s consumers, businesses, ent’s caretaker tests positive for drug use or and families) Senator from West Virginia (Mr. BYRD) is convicted of drug-related crime; by the and the Senator from Massachusetts On page 33, line 8, after ‘‘legislation’’, in- amounts provided in that legislation for that (Mr. KENNEDY) are necessarily absent. sert the following: purpose, provided that such legislation ‘‘would not increase the cost of producing would not increase deficit over either the The result was announced—yeas 18, energy from domestic sources, including oil total of the period of fiscal years 2009 nays 79, as follows: and gas from the Outer Continental Shelf or through 2014 or the period of the total of fis- [Rollcall Vote No. 153 Leg.] other areas; would not increase the cost of cal years of 2009 through 2019. YEAS—18 energy for American families; would not in- Mr. VITTER. Mr. President, this crease the cost of energy for domestic manu- Barrasso Cornyn Inhofe Brownback Crapo Isakson facturers, farmers, fishermen, or other do- amendment is very simple. It advances the policy of drug testing for welfare or Bunning DeMint Kyl mestic industries; and would not enhance Burr Ensign McConnell foreign competitiveness against U.S. busi- TANF recipients. If a recipient were to Chambliss Enzi Risch nesses; and’’ test positive, they would get treat- Coburn Grassley Vitter

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.142 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4289 NAYS—79 ‘‘electricity rates would necessarily the increasing funds for entitlement Akaka Gregg Nelson (FL) skyrocket.’’ Why is this a good idea? programs. I supported an amendment Alexander Hagan Nelson (NE) Economic historian John Steele Gor- offered by Senator GREGG, No. 835, to Baucus Harkin Pryor don draws this analogy to an energy establish a commission to examine the Bayh Hatch Reed tax in the recent issue of Commentary long-term obligations of the Federal Begich Hutchison Reid Bennet Inouye Roberts magazine: ‘‘If passed it will act on the Government and make recommenda- Bennett Johanns Rockefeller economy as a whole exactly the way a tions to reduce that spending. Simi- Bingaman Johnson Sanders governor acts on a steam engine, in- larly, I voted in favor of the McCain Bond Kaufman Schumer Boxer Kerry creasingly resisting any increase in amendment, No. 882, as an alternative Sessions Brown Klobuchar revolutions per minute. . . . The more budget resolution to lay down a mark- Shaheen Burris Kohl the economy tries to speed up the more er to encourage reductions in Federal Cantwell Landrieu Shelby Cardin Lautenberg Snowe [this tax] will work to prevent it from expenditures. The budget is just an Carper Leahy Specter doing so.’’ outline without any of these votes Casey Levin Stabenow Think about the incongruity between being determinative as to what will Cochran Lieberman Tester the growth predicted in President occur on appropriations bills, where I Collins Lincoln Thune Conrad Lugar Udall (CO) Obama’s budget and the policies his will take another look at spending pro- Corker Martinez Udall (NM) budget would partially implement. posals depending on circumstances at Dodd McCain Voinovich This budget would saddle American that time. Dorgan McCaskill Warner taxpayers, businesses, and industry— Mr. AKAKA. Mr. President, I support Durbin Menendez Webb the budget resolution for fiscal year Feingold Merkley everyone—with a bevy of new tax in- Whitehouse 2010. The resolution embraces many Feinstein Mikulski Wicker creases and regulations that, once en- Gillibrand Murkowski Wyden acted, will unavoidably harm job cre- priorities that I strongly support. They Graham Murray ation and growth by making it more include a renewed commitment to en- NOT VOTING—2 expensive for businesses to hire and by ergy efficiency, educational improve- Byrd Kennedy removing money from the private ments, middle-class tax cuts, and our The amendment (No. 937) was re- economy and transferring it to Wash- veterans. The resolution preserves the major jected. ington. priorities in President Obama’s budget Mr. REID. Mr. President, I move to How can our economy recover with that was submitted to Congress. The reconsider the vote. the Government hampering job cre- Mr. CONRAD. I move to lay that mo- ation and growth? President’s budget outlined a blueprint Facts are stubborn things, as Presi- for addressing and reversing the effects tion on the table. The motion to lay on the table was dent Reagan used to say. We know that of the deep recession, collapse of the agreed to. raising taxes in time of recession has housing and credit markets, and the Mr. KYL. Mr. President, during these never helped the economy grow. Why rise in joblessness that we inherited recent budget debates, I have been re- would this time be different? from the previous administration by Mr. FEINGOLD. Mr. President, I minded that some in Washington used setting the stage for sustained eco- strongly believe that the Senate needs to mock President Reagan for the nomic growth through investments in to address the serious and pressing ‘‘rosy economic scenarios’’ they said energy, education, and infrastructure, problem of climate change, and I look which were begun in the American Re- his budgets relied upon. But never— forward to that debate this Congress. I covery and Reinvestment Act, ARRA. until now—has any President’s eco- do not, however, believe it would be ap- Since President Obama’s budget was nomic model differed so fundamentally propriate to use the fast-track proce- submitted to Congress, the CBO’s re-es- from those predicted by most inde- dure known as reconciliation to con- timate of that budget has added $2.3 pendent analysts. sider climate change legislation. Rec- trillion to long-term deficit projec- President Obama’s budget chief, onciliation is intended for legislation tions. Accordingly, the resolution ad- Peter Orszag, predicts that from 2010– that reduces the deficit. I have strong- justs the President’s budget to cut the 2013 the economy will grow 4 percent a ly opposed past efforts to use reconcili- long-term deficit in half from $1.2 tril- year. But the blue-chip economic fore- ation to address policy matters, such lion in fiscal year 2010 to $508 billion in casters say it is much lower—about 2.7 as drilling in the Arctic National Wild- fiscal year 2014 while retaining the percent. That is a big difference when life Refuge. It wasn’t appropriate then; President’s core priorities. we are talking about hundreds of bil- it isn’t appropriate now. The resolution matches the funding lions of dollars. Mr. SPECTER. Mr. President, in ap- level in the President’s budget for fis- President Obama claims his budget proaching the budget for fiscal year cal year 2010 energy discretionary fund- will halve the deficit by 2014. But the 2010, I am heavily influenced by the ing to reduce our dependence on for- way it gets there is by first running up $700 billion expenditure in President eign sources of fuel, produce green jobs, a huge deficit and then cutting that Bush’s bailout package—it was badly promote renewable energy develop- number in half. The Congressional administered and I voted against re- ment, and improve the electric trans- Budget Office now projects a $1.669 tril- lease of the second $350 billion—and the mission grid, while encouraging energy lion deficit in 2009 that will bottom out President Obama twin brother $787 bil- conservation and efficiency. at $658 billion in 2012, which is still lion stimulus package. We have to take I am pleased that this resolution con- more than 40 percent above the highest a closer look than usual at the mount- tinues with green investments made in deficit during the Bush administration. ing deficits and mounting national the American Reinvestment and Re- But the Congressional Budget Office debt. These budget votes are all going covery Act and provides increases for also says the deficits accumulated by to be determined by the Democratic the energy efficiency and renewable en- Obama’s budget will then surge to $9.2 majority largely on party lines so my ergy program. The resolution will en- trillion in 2019. vote is really a protest vote and to able investments in further research President Obama has said he will cut show there is substantial concern, at and development in clean and sustain- taxes for 95 percent of Americans. But least with the loyal opposition, to able energy technologies from re- his budget would raise taxes by $1.4 limit Federal expenditures. To that sources that are abundant in my State trillion over 10 years. It not only lets end, I supported amendments offered of Hawaii, such as wind, solar, ocean, some of the existing tax rates expire— by Senators SESSIONS, No. 772, and hydrogen, and biomass. thus raising taxes—but implements a CRAPO No. 844, to freeze domestic dis- The resolution invests in our Na- colossal energy tax that will impact cretionary spending. I also supported tion’s future by fully funding the Presi- every American household—regardless amendments by Senators ALEXANDER, dent’s request for discretionary edu- of income—and is estimated to drop an No. 747, and GREGG, No. 739, to require cation and training programs. This in- additional $3,168 annual bill on every a 60-vote threshold on any budget reso- cludes expanding early childhood edu- family, on top of its existing energy lution that increases public debt. cation programs that have proven to be costs. Remember, candidate Obama Congress must take action to address so instrumental in preparing our Na- told us that under this energy plan, the current deficit spending especially tion’s children for future success. The

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.143 S02APPT1 rfrederick on PROD1PC67 with SENATE S4290 CONGRESSIONAL RECORD — SENATE April 2, 2009 budget also increases support for pro- America’s ‘‘day of reckoning’’ has ar- years ago—indeed, a budget surplus grams designed to reach out to low-in- rived. The deficit spending of the past that was squandered. come students so that every child has administration and the economic col- Just as the economic crisis has hit an equal opportunity to succeed. Simi- lapse that began last fall have created the paychecks of American workers, it larly, by providing the necessary fund- deep structural problems that this has lowered the economic activity that ing to support a $5,550 maximum Pell budget inherits. funds the revenues we need to pay for grant award in the 2010–2011 school Along with short-sighted budget poli- our national priorities. year, this budget resolution will pro- cies that have put us deeper into debt, One key part of our response to this vide much needed assistance to individ- the collapse of our financial sector has crisis must be to fill the hole left in uals striving to achieve their higher brought down virtually every other our economy by the loss of 5 million education goals including adults re- sector of our economy. Those facts set jobs, the loss of so much economic ac- turning to school to revise and revamp the difficult context in which we do our tivity. Our economic recovery package, their skills in order to more effectively work. passed earlier this year, is a part of compete in today’s workforce. Delaware has not been spared from that response. I was also pleased to see that funding the waves of bad economic news that So a key function of this budget will was included in the budget resolution have swept over our Nation. We have be to continue to fill that gap in our to enhance and improve the capability seen the job losses in our manufac- economy, to continue to provide fami- of the Federal acquisition workforce. turing industries, layoffs in flagship lies, businesses, and state and local In my role as both chairman of the companies like DuPont, and governments with the resources they Subcommittee on Oversight of Govern- downsizing in our financial services in- need to slow, stop, and reverse the de- ment Management and a senior mem- dustry. cline in our economy. But if we are to move beyond the cur- ber of the Armed Services Committee, Nationally, we just lost another rent crisis, we must make the invest- I have long advocated for improve- three-quarters of a million jobs last ments that will reshape our future. month. In Delaware, our statewide un- ments in the hiring and retention of This budget is a clear statement of Federal employees. Similarly, I strong- employment rate has hit 7.4 percent, a new priorities: it lays down a new foun- ly support funding for the reform of level we have not seen in a generation. dation for economic growth. These are As families in Delaware and around Department of Defense processes for the priorities, these are the commit- the acquisition of weapons systems in- the country sit at their kitchen tables, ments President Obama and Vice Presi- they know that the world outside has cluding the reduction of no-bid and dent BIDEN campaigned on. These are cost-plus contracts. changed. For those who have lost their the priorities the American people As chairman of the Federal Work- jobs, for the husbands, the mothers, voted for last November. force Subcommittee, I am pleased the who have come home with that heart- We must not lose sight of the lesson resolution provides pay parity between breaking news—the process of sorting before us: under the previous adminis- Federal civilian and military service- out mortgage payments, health insur- tration we gave free rein—and huge fi- members in the average annual pay ance, groceries—even school books and nancial rewards—to short-term risk- raise, which is consistent with more lunch money—has taken on a sad ur- taking, to highly leveraged debt, to than 20 years of congressional prece- gency. deals that many times were not worth dent and my priorities. For the others, whose neighbors are the paper they were written on. Turning to items in the budget reso- out of work, whose neighborhood now We now know that tens of billions, or lution for the Department of Veterans has a foreclosure or two mixed in with maybe more, of those paper profits Affairs, the resolution includes the the for sale signs, whose own jobs could were created by criminal enterprises President’s request, plus $540 million to be among the next to go—basic deci- like the one run by Bernie Madoff. Oth- compensate for the ill-advised proposal sions about family priorities are grow- ers, while legal, tread on the very bor- that would have billed veterans’ insur- ing tougher every day. der of our outdated and poorly enforced ance companies for service-connected We must not forget those families as rules and regulations. care. President Obama made the right we do our work here on the Federal At the same time, we failed to recog- decision not to move forward with that budget this week. nize and support average families in proposal. Veterans’ care and benefits But this budget reflects another re- their struggles with rising health care are a cost of war and treatment for ality, as well. It reflects the funda- costs, with the rising costs of a college conditions directly related to service is mental strengths of our country—our education. the responsibility of the government faith in the future, our ability to pull We wasted years when we could have alone. together, the strengths of our national invested in cleaner and more efficient The resolution also includes manda- character. domestic sources of energy, while our tory budget authority for important And this budget reflects the change dependence on dirty, dangerous, uncer- benefits, such as compensation and in direction, the change in priorities tain sources of imported oil increased. pension, for veterans and their sur- and values, the American people voted Those wasted years made our country vivors. I look forward to working with for last November. more vulnerable to those who control my colleagues and the administration To help with family finances, this oil reserves. to enact the funding increases and tar- budget provides tax cuts to middle- The American people have rejected geted programs to help VA adapt to the class families. those failed policies and misplaced pri- changing needs of veterans and their To begin the work of making our orities. This budget replaces them with loved ones. health care system more affordable, an agenda for rebuilding our economy My colleagues, this resolution, with this budget makes health care more ac- and reasserting our values. its targeted investments and changed cessible for families and small busi- Budgets are statements of our prior- public-policy priorities, will help us ad- nesses. ities, here in Washington, at the kitch- dress the essential needs of the Nation. It makes a college education more en tables of families in Delaware, in I urge my colleagues to support the accessible and more affordable, so our the homes of families around the coun- budget resolution for fiscal year 2010. children can qualify for the jobs that try. Mr. KAUFMAN. Mr. President, I be- will define our economic future. No budget is perfect. All budgets relieve the document we are now debat- This budget starts winding down our flect difficult choices. In this economic ing reflects two basic realities. First, it dependence on imported fossil fuels, by crisis, our choices are more difficult, reflects the deep troubles that we have investments in clean and renewable en- and our decisions carry more impor- inherited from years of lax regulation, ergy we can provide right here—cre- tance. excessive risk, neglected oversight, ating new processes, new products, and I believe this budget reflects the best even fraud and criminal behavior in new jobs. balance of addressing our present cri- our financial sector. And it begins the process of restoring sis, building a foundation for the fu- As President Obama said when he ad- the balance to our Nation’s finances—a ture, and putting our finances on a sus- dressed the Joint Session of Congress, balance we had achieved just eight tainable path.

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.090 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4291 I urge my colleagues to join me in more work ahead. While hard-working 2004, to increase the number of organ supporting it. families struggle to make ends meet, donations. Currently, over 100,000 indi- Mr. LEVIN. Mr. President, I will vote we owe it to them to continue to invest viduals are on the organ transplant for this budget resolution. It rightfully in their futures. waiting list, and more than 83,000 of recognizes that our way through these I am pleased that this budget resolu- those are in need of a kidney trans- difficult times is by investing in our fu- tion includes my proposal to establish plant. On average, patients wait 4 ture, with significant funding for infra- a deficit-neutral reserve fund to pro- years before receiving a kidney trans- structure, energy independence and mote American manufacturing. Con- plant. Medicare spends about $55,000 programs that ensure the safety, gress needs to take bold, decisive ac- per patient per year for dialysis. This health, and education of our Nation’s tion to revitalize our domestic manu- means that every kidney donation has children. This budget resolution makes facturing sector. The U.S. has lost the potential to save Medicare as much clear that we cannot continue to cut more than 4.1 million manufacturing as $220,000. Unfortunately, nearly 6,000 taxes for a handful of wealthy individ- jobs since January 2001 and over 300,000 people die every year while waiting for uals, at the expense of the many and manufacturing jobs in Michigan since a transplant. By doing more to educate hope that someday the benefits will January 2001. It is important that we people about donation and developing trickle down. That course of action revitalize and maintain a strong manu- programs to encourage donation, we would lead to deeper and deeper defi- facturing base in the U.S. The manu- can take steps to reduce that number. cits. facturing industry faces pressure from Mr. President, this budget will con- The prior administration’s fiscal international corporations that are tinue the job of getting our great Na- policies failed. They left us in difficult strongly supported by their respective tion back on track, and it deserves to and uncertain times. Unemployment in governments; our own government pass. my state of Michigan and across the needs to lend similar support to keep Mr. GREGG. Mr. President, I ask country is sky high. The financial mar- American manufacturing companies unanimous consent that a list of orga- kets are in turmoil, and millions of competitive in the global marketplace. nizations opposing this budget resolu- hard-working Americans that still The deficit-neutral reserve fund in- tion be printed in the RECORD. have jobs are not only concerned about cluded in this budget lays the ground- There being no objection, the mate- their depleted savings and retirement work for legislation to address impor- rial was ordered to be printed in the accounts, but making their mortgage tant initiatives to boost American RECORD, as follows: payments. And now, some of the great- manufacturing. I look forward to con- OUTSIDE GROUPS KEY VOTING AND OPPOSING est companies in our country are under tinuing to work with my colleagues to THE SENATE BUDGET RESOLUTION great duress. stimulate the manufacturing sector in GROUPS KEY VOTING AGAINST FINAL PASSAGE Our shared ability to navigate these a meaningful way, and make a wise in- OF THE BUDGET troubled waters will depend upon our vestment in the long-term growth, Americans for Prosperity, Americans willingness to come together. Through health, and stability of the manufac- for Tax Reform, Associated Builders this budget resolution, the Senate will turing industry. and Contractors, Center for Fiscal Ac- set the blueprint for its work to help The budget wisely includes a deficit- countability, Citizens Against Govern- reverse the past administration’s failed neutral reserve fund to accommodate ment Waste, Club for Growth, Con- fiscal policies that have been so dam- legislation that would provide invest- cerned Women for America, Freedom aging to our economy. ments in clean energy and reduce Works, Independent Electrical Con- The Budget Committee includes in greenhouse gas emissions, leaving the tractors, International Foodservice this resolution deficit-neutral reserve details of the legislation to the appro- Distributors Association, National As- funds to promote economic recovery priate committees of jurisdiction. The sociation of Wholesaler-Distributors, and growth, investments in infrastruc- threat of climate change is real and its and National Taxpayers Union. ture, and a long overdue commitment impacts could be catastrophic if we do GROUPS OPPOSING THE BUDGET to the health of Americans. With ade- not act quickly. Clean energy and ad- American Conservative Union, Amer- quate funds, we can modernize the vanced technologies hold the promise ican Family Business Institute, Ameri- health care system by continuing to for making real progress on reducing cans for Limited Government, Associ- progress towards health information harmful greenhouse gases. ated General Contractors, Club for technology. With additional dollars to While swift action is needed to con- Growth, Council on National Policy, help support and strengthen the health front the daunting challenges of global Family Research Council, National As- care workforce, we are making a firm climate change, I oppose misusing the sociation of Manufacturers, Numbers statement that we will no longer shirk budget reconciliation process in the USA, Small Business Entrepreneurship our responsibilities and will continue consideration of climate legislation. Council, Tax Relief Coalition, and U.S. to fight for the 45.7 million uninsured That legislation would influence every Chamber of Commerce. individuals who have not had access to sector of the U.S. economy and could GROUPS OPPOSING USING RECONCILIATION FOR health care. have far-reaching impacts across the HEALTH CARE AND CARBON TAX WITHIN THE This budget will help reduce our de- globe. For this reason, I supported an BUDGET pendence on foreign oil. It allows us to amendment offered by Senator Business Roundtable, National Fed- improve our educational system. And JOHANNS that would prohibit the use of eration of Independent Business, Na- it provides tax relief to millions of reconciliation for climate legislation. I tional Mining Association, and Small middle-income Americans, including voted in support of the Johanns amend- Business & Entrepreneurship Council. providing much-needed relief from the ment to reaffirm my opposition to an The PRESIDING OFFICER. The ma- alternative minimum tax. Congress, extremely truncated process for cli- jority leader. and our citizens, have long known that mate legislation, which would make a Mr. REID. Mr. President, I wish to this tax was never intended to hit mid- deliberative approach impossible. Tak- say a brief word so we know what we dle-class families. ing action on climate change legisla- are going to do when we get back on I am also pleased that this budget tion to protect public health, the econ- Monday, 2 weeks from Monday. paves the way for using our committed omy, and natural security should be First of all, I express my apprecia- resources to restore our financial sys- done in a thoughtful way and not tion to the whole Senate for the out- tem, while providing critical trans- rushed through Congress. standing work done by the managers of parency and accountability for tax- I was pleased to join Senator DORGAN this bill, Chairman CONRAD, Ranking payers. While I was pleased to support in proposing an amendment to provide Member GREGG. They did wonderful the economic stimulus packages, they an increase of $10 million for organ do- work. All the Senate speaks with one only provided a partial solution to fix- nation activities at the Health Re- voice in recognizing the tremendous ing our economy’s problems. We cannot sources Services Administration. This difficulty of this resolution. The work stop now. Although we have already modest amendment is aimed at ful- was done with civility. We had difficult taken unprecedented efforts to stimu- filling the promise of the Organ Dona- amendments. This is a day the Senate late and revive our economy, there is tion and Recovery Improvement Act of should be proud.

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.109 S02APPT1 rfrederick on PROD1PC67 with SENATE S4292 CONGRESSIONAL RECORD — SENATE April 2, 2009 I applaud and commend, I repeat, on I wish to thank each of our col- Mr. ENSIGN. Mr. President, I hate to behalf of the entire Senate, the bril- leagues for that. I especially wish to throw a little cold water on this whole liant work done by these two fine gen- thank Leader REID for his support ‘‘Kumbaya’’ party we are having, but I tlemen. throughout this process; Senator MUR- think it is an important precedent that When we come back, I was hoping we RAY, who I think has a special knack we determine tonight. would not have to have this vote on for convincing people not to offer I rise to make a parliamentary in- Monday, but it appears we are going to amendments. Thank goodness for Sen- quiry regarding the status of the budg- have to. We have two wars going on. ator MURRAY. To my colleague, Sen- et resolution: Specifically, I rise to in- One, as we know, Afghanistan, and one ator GREGG, you could not ask for a quire if the resolution remains a privi- we cannot put out of our mind in Iraq. better partner. There is no one more leged measure, notwithstanding the One of the great career senior foreign professional, more decent or somebody adoption of 10 corrosive points of order, service officers whom we have had in whose word is better than Senator 8 of which reach into the jurisdiction of recent years, Christopher R. Hill of GREGG. I deeply appreciate it, as well the Finance Committee, 1 of which Rhode Island, has been nominated by as his professional staff, who have been reaches into the Veterans’ Committee, the President to be Ambassador to terrific to work with. and 1 into the Judiciary Committee. Iraq. On our side, Mary Naylor, my staff In the case of the Durbin amend- It is hard to comprehend, but I am director; John Righter and Joel Fried- ment, No. 974, the point of order speci- going to have to file cloture on that to- man, my deputies; Joe Gaeta, Steve fies, with exacting detail, what level of night before we leave. I would hope ev- Bailey, Mike Jones, Jamie Morin, Stu taxpayer must receive a tax cut in eryone who is trying to hold up this Nagurka, Steve Posner, Sarah Kuehl, order to allow death taxes to go for- man would give this some thought. and all the others who have contrib- ward. How does this look? It does not look uted. Therefore, I put the question to the very good. But we are going to go This has been a labor of love. They Chair: Does the pending budget resolu- ahead, and we are going to have this have worked night and day, weekends tion retain its privileged status despite cloture vote on Monday. We have a lot for months, and I deeply appreciate these corrosive points of order having of other things we could work on. We their sacrifice. been adopted? have a lot to do. We have a 5-week The VICE PRESIDENT. The Repub- The VICE PRESIDENT. It does. lican leader. work period when we get back. I have Mr. ENSIGN. Further parliamentary Mr. MCCONNELL. Mr. President, let already informed the Republican leader inquiry: Does that mean it would re- me briefly echo the remarks of the ma- quire 60 votes for passage? as to what days we are not going to jority leader and congratulate Chair- have votes; there are three of them. The VICE PRESIDENT. It does not man CONRAD and Ranking Member I hope everyone has a good 2 weeks. require 60 votes for passage. GREGG and say we have a lot of fresh- We have a lot of time we need to spend Mr. ENSIGN. Further parliamentary men Senators. You probably think this inquiry: Is losing its privileged status at home. We have not been home. is a tough day. I might mention to you, at this point, does that mean it would These have been very long periods, two this is one of the least tough budget be still fully debatable? long work periods we have had since we days we have had in the time that I The VICE PRESIDENT. It has not have become a new Congress. have been here. I think I see the Vice lost its privileged status. Of course, I have to say for all of us, President smiling. He would agree with Mr. ENSIGN. So that would be the it is very exiting to all of us to see the that. Presiding Officer. That is a tribute largely to Senator precedent for the future, 8 to 10 corrosive amendments does not lose its priv- The VICE PRESIDENT. The Senator GREGG and Senator CONRAD. Thank you from New Hampshire is recognized. so much for an excellent job. ileged status. Mr. GREGG. Mr. President, I would The VICE PRESIDENT. The Senator The VICE PRESIDENT. This par- like to take a minute to thank the ma- from Massachusetts. ticular budget resolution has not lost jority leader and Republican leader for Mr. KERRY. Mr. President, I wish to its privileged status. their assistance in helping us move make a plea, if I can publicly. There is Mr. ENSIGN. I thank the Chair. this bill in a reasonably expeditious still time between now and tomorrow The VICE PRESIDENT. The Senator way, considering it is the budget. to try to do something differently on from Kansas. I especially wish to thank the chair- this question of sending our Ambas- Mr. BROWNBACK. Mr. President, to man and his staff, headed up by Mary sador to Iraq. briefly respond to the Senator from Naylor. They do an extraordinary job. Senator LUGAR is supportive. I am Massachusetts, the chairman of the They are extremely professional and supportive. There is bipartisan support distinguished Foreign Relations Com- very courteous to the minority. It is for this nominee. He is going to be ap- mittee has raised a serious issue about always an open and fair process when proved. We all know that. Iraq is expe- Ambassador Hill. we take up the budget, and they set an riencing increasing political difficul- A number of us on our side have seri- excellent standard. ties, and the missing ingredient of our ous questions about Ambassador Hill I additionally wish to thank my capacity to get the success we want is and how he conducted himself in the staff, headed up by Cheri Reidy and political reconciliation. last assignment. I would like to see Jim Hearn, Allison Parent, and they do Ambassador Crocker has not been what some of those instructions were a fabulous job. I also wish to thank the well recently. He has put enormous en- from that assignment. folks up there on the dais because they ergy in this effort. Getting Christopher I recognize the seriousness of the sit- stay here all day and make sure we are Hill there in the next 2 weeks can uation we are in in Iraq, no question in order and keeping things on the make a difference. I would urge our about that. But I have serious reserva- move and we thank them very much colleagues, if there are other issues tions about his position in going to for their time. linked to this, there are other ways to that. I think this will be a good period Mr. BAUCUS. Mr. President, the work it through. of time for us to get some of these chairman of the committee and the My hope would be that we would be questions answered from the State De- ranking member did such a wonderful able to free him up. It is a terrible mes- partment. job. I think we should all express our sage to send, to tie him to issues of I have proffered a letter to them. I appreciation. North Korea or otherwise extraneous. have some serious questions about (Applause, Senators rising.) It handicaps our capacity to maximize what took place during the negotia- The VICE PRESIDENT. The Senator our efforts in a war. tions with North Korea and a possible from North Dakota. If we are going to treat a war seri- missile launch that will take place Mr. CONRAD. Mr. President, I wish ously, we ought to treat this Ambas- even in this interim, and this was our to thank all of our colleagues. This is sador nomination seriously. I would lead negotiator there. a tough, difficult day for all of us. I ask my colleagues to think about that For those reasons, I, amongst others, think the Senate has conducted itself while there is an opportunity to be able am raising questions at this time. I well and distinguished itself today. to approve it in these next 24 hours. think they need to be answered before

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.146 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4293 he is approved for such an important him this way—has not had the oppor- ited experience, we can hope, will grow, spot for the United States. tunity that he seeks to talk to Mr. and she will be an effective Assistant The VICE PRESIDENT. The question CARTER. He has made a commitment Secretary. is on the adoption of the concurrent that he will do so as quickly as he pos- There are other people much more resolution, as amended. sibly can after the recess so we can qualified who could fill this position. Mr. CONRAD. I ask for the yeas and hopefully get to this nomination very As I said, this is a very humble lady. nays. promptly. It is essential this be taken She has served with great distin- The VICE PRESIDENT. Is there a up. guished service in the Armed Services sufficient second? So in light of the assurance I have re- of this country. There is no personal There is a sufficient second. The yeas ceived from Senator SHELBY particu- animosity nor direction toward her in- and nays have been ordered. The clerk larly, and I have talked also to Senator dividually. But the fact is, one of our will call the roll. SESSIONS about this matter, I am not most difficult agencies is the Depart- The legislative clerk called the roll. going to make that unanimous consent ment of Homeland Security. It has big Mr. DURBIN. I announce that the request tonight. problems, conflicts, lack of trans- Senator from West Virginia (Mr. BYRD) Ms. KLOBUCHAR. Mr. President, I parency, and inefficiency. is necessarily absent. suggest the absence of a quorum. It is my hope that after she is con- The result was announced—yeas 55, The PRESIDING OFFICER. The firmed, she will, in fact, be up to the nays 43, as follows: clerk will call the roll. task, and we, both in the Senate and as [Rollcall Vote No. 154 Leg.] The assistant legislative clerk pro- American taxpayers, will get real value YEAS—55 ceeded to call the roll. out of her service. Mr. COBURN. Mr. President, I ask With that, I yield the floor. Akaka Hagan Murray Baucus Harkin Nelson (FL) unanimous consent that the order for f Begich Inouye Pryor the quorum call be rescinded. Bennet Johnson Reed The PRESIDING OFFICER. Without EXECUTIVE SESSION Bingaman Kaufman Reid objection, it is so ordered. Boxer Kennedy Rockefeller Brown Kerry Sanders f EXECUTIVE CALENDAR Burris Klobuchar Schumer Cantwell Kohl NOMINATION OF JANE HOLL LUTE Shaheen Mr. REID. Mr. President, I ask unan- Cardin Landrieu Stabenow Mr. COBURN. Mr. President, in a few imous consent that the Senate proceed Carper Lautenberg Tester Casey Leahy minutes there will be a unanimous con- to executive session to consider, en Conrad Levin Udall (CO) sent request on a voice vote for a nomi- bloc, Calendar Nos. 37, 38, 39, 41, 42, 44, Dodd Lieberman Udall (NM) 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 58, 59, Warner nee to the No. 2 position at Homeland Dorgan Lincoln 60, and all nominations on the Sec- Durbin McCaskill Webb Security—a very nice lady by the name Feingold Menendez Whitehouse of Ms. Lute. retary’s desk; that the Agriculture Feinstein Merkley Wyden I would make the point, as the sec- Committee be discharged, and the Sen- Gillibrand Mikulski ond most senior member on Homeland ate proceed, en bloc, to PN206, PN213 NAYS—43 Security on the minority side, I cast a and PN221; that the nominations be Alexander DeMint McConnell ‘‘no’’ vote for this person in com- confirmed, en bloc, the motions to re- Barrasso Ensign Murkowski mittee, and that is very well detailed consider be laid upon the table, en bloc, Bayh Enzi Nelson (NE) in my statement. and that no further motions be in Bennett Graham Risch But I think there are some important order. Bond Grassley Roberts Brownback Gregg Sessions things the American people should The nominations considered and con- Bunning Hatch Shelby know about her previous service in firmed en bloc are as follows: Burr Hutchison Snowe terms of the peacekeeping forces under INTERNATIONAL BANKS Chambliss Inhofe Specter Coburn Isakson her direction as far as the procure- Timothy F. Geithner, of New York, to be Thune Cochran Johanns ment, management, and followup. United States Governor of the International Vitter Collins Kyl Here is what we know. Forty-three Monetary Fund for a term of five years; Corker Lugar Voinovich Wicker percent of all the money spent on United States Governor of the International Cornyn Martinez Bank for Reconstruction and Development Crapo McCain international peacekeeping at the United Nations was either involved in for a term of five years; United States Gov- NOT VOTING—1 ernor of the Inter-American Development fraud or kickback schemes and illegal Byrd Bank for a term of five years; United States contracting. Governor of the African Development Bank The concurrent resolution (S. Con. The other thing we know is that the for a term of five years; United States Gov- Res. 13), as amended, was agreed to. international peacekeepers raped and ernor of the Asian Development Bank; (The resolution will be printed in a abused hundreds and hundreds of peo- United States Governor of the African Devel- future edition of the RECORD.) ple, for which at this time today the opment Fund; United States Governor of the Mr. DURBIN. Mr. President, I move services under the direction of Ms. European Bank for Reconstruction and De- to reconsider the vote. Lute have not been directed toward or velopment, vice Henry M. Paulson Jr., resigned. Mr. LEVIN. I move to lay that mo- the care given for those individuals tion on the table. who suffered those consequences. DEPARTMENT OF STATE The motion to lay on the table was The other thing we know is that the Richard Rahul Verma, of Maryland, to be agreed to. contracting associated with her admin- an Assistant Secretary of State (Legislative The PRESIDING OFFICER. (Mr. Affairs). istration in the U.N. was associated Esther Brimmer, of the District of Colum- BEGICH). The Senator from Michigan. with several no-bid contracts that were bia, to be an Assistant Secretary of State f inefficiently done and ineffectively car- (International Organization Affairs). ried out. It is on that basis that I Rose Eilene Gottemoeller, of Virginia, to NOMINATION OF ASHTON CARTER agreed not to hold up her nomination. be an Assistant Secretary of State Mr. LEVIN. Mr. President, I had the She will go through, and she will be (Verification and Compliance). intent, when we got to executive ses- confirmed. But this nominee has to Karl Winfrid Eikenberry, of Florida, to be sion, of asking unanimous consent that prove herself at the Department of Ambassador Extraordinary and Pleni- potentiary of the United States of America Calendar item No. 47, Ashton Carter’s Homeland Security. I am willing to be to the Islamic Republic of Afghanistan. nomination, be agreed to by unanimous proven wrong, but the fact is, her rea- Melanne Verveer, of the District of Colum- consent. There is a hold on this nomi- son for the problems she had at the bia, to be Ambassador at Large for Women’s nation. The two Senators who have U.N. was the lack of cooperation at the Global Issues. that hold have indicated to me their U.N. She is going to be running a much DEPARTMENT OF DEFENSE reasons for it. One of those Senators— larger budget with greater responsibil- James N. Miller, Jr., of Virginia, to be and I have talked to Senator SHELBY; ities, and if, in fact, that is the case, Deputy Under Secretary of Defense for Pol- there is no objection to my identifying and it was all the U.N., then her lim- icy.

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.147 S02APPT1 rfrederick on PROD1PC67 with SENATE S4294 CONGRESSIONAL RECORD — SENATE April 2, 2009 Alexander Vershbow, of the District of Co- [NEW REPORTS] GABRIEL ZIMMERER, which nominations lumbia, to be an Assistant Secretary of De- DEPARTMENT OF VETERANS AFFAIRS were received by the Senate and appeared in fense. W. Scott Gould, of the District of Colum- the Congressional Record of March 10, 2009. PN162 AIR FORCE nominations (40) begin- IN THE AIR FORCE bia, to be Deputy Secretary of Veterans Af- ning THOMAS J. BAUER, and ending The following named officer for appoint- fairs. ment in the United States Air Force to the STACEY E. ZAIKOSKI, which nominations NOMINATIONS PLACED ON THE SECRETARY’S grade indicated while assigned to a position were received by the Senate and appeared in DESK of importance and responsibility under title the Congressional Record of March 10, 2009. 10, U.S.C., section 601: IN THE AIR FORCE PN163 AIR FORCE nominations (286) begin- To be lieutenant general PN94 AIR FORCE nomination of Kathy L. ning AMANDA J. ADAMS, and ending DON Fullerton, which was received by the Senate L. ZUST JR., which nominations were re- Maj. Gen. Michael C. Gould and appeared in the Congressional Record of ceived by the Senate and appeared in the The following named officer for appoint- February 23, 2009. Congressional Record of March 10, 2009. ment in the Reserve of the Air Force to the PN95 AIR FORCE nominations (3) begin- PN192 AIR FORCE nominations (3) begin- grade indicated under title 10, U.S.C., section ning EMIL B. KABBAN, and ending STE- ning XAVIER A. NGUYEN, and ending JEN- 12203: PHEN H. WILLIAMS, which nominations NIFER A. TAY, which nominations were re- To be brigadier geneal were received by the Senate and appeared in ceived by the Senate and appeared in the Col. Debra A. Scullary the Congressional Record of February 23, Congressional Record of March 17, 2009. The following named officers for appoint- 2009. PN193 AIR FORCE nominations (3) begin- ment in the Reserve of the Air Force to the PN96 AIR FORCE nominations (29) beginning JOHN M. BEENE II, and ending ELIZA- grade indicated under title 10, U.S.C., section ning BRIAN D. ANDERSON, and ending BETH N. SMITH, which nominations were 12203: MARGARET M. WALSH, which nominations received by the Senate and appeared in the Congressional Record of March 17, 2009. To be major general were received by the Senate and appeared in the Congressional Record of February 23, PN234 AIR FORCE nomination of Ryan G. Brigadier General Roger A. Binder 2009. McPherson, which was received by the Sen- Brigadier General David L. Commons PN97 AIR FORCE nominations (21) begin- ate and appeared in the Congressional Brigadier General Anita R. Gallentine ning MARK T. ALLISON, and ending PHILIP Record of March 25, 2009. Brigadier General Carl M. Skinner T. WOLD, which nominations were received PN235 AIR FORCE nomination of Mark J. Brigadier General Howard N. Thompson by the Senate and appeared in the Congres- Ivey, which was received by the Senate and Brigadier General Paul M. Van Sickle sional Record of February 23, 2009. appeared in the Congressional Record of The following named officers for appoint- PN98 AIR FORCE nominations (3) begin- March 25, 2009. ment in the Reserve of the Air Force to the ning TINA M. BARBERMATTHEW, and end- PN238 AIR FORCE nominations (37) begin- grade indicated under title 10, U.S.C., section ing REGAN J. PATRICK, which nominations ning CHRISTOPHER B. BENNETT, and end- 12203: were received by the Senate and appeared in ing DAVID J. WESTERN, which nominations To be brigadier general the Congressional Record of February 23, were received by the Senate and appeared in Colonel William B. Binger 2009. the Congressional Record of March 25, 2009. Colonel Catherine A. Chilton PN99 AIR FORCE nominations (32) begin- IN THE ARMY Colonel James A. Firth ning JAMES J. BALDOCK IV, and ending PN102 ARMY nomination of Peter C. Colonel Robert M. Haire BRENDA L. YI, which nominations were re- Gould, which was received by the Senate and Colonel Stayce D. Harris ceived by the Senate and appeared in the appeared in the Congressional Record of Feb- Colonel Thomas P. Harwood, III Congressional Record of February 23, 2009. ruary 23, 2009. Colonel Maryanne Miller PN100 AIR FORCE nominations (67) begin- PN103 ARMY nomination of Garrett S. Colonel Pamela K. Milligan ning LISA L. ADAMS, and ending RICHARD Yee, which was received by the Senate and Colonel Robert K. Millmann, Jr. J. ZAVADIL, which nominations were re- appeared in the Congressional Record of Feb- Colonel James J. Muscatell, Jr. ceived by the Senate and appeared in the ruary 23, 2009. Colonel Dennis P. Ployer Congressional Record of February 23, 2009. PN104 ARMY nominations (6) beginning Colonel Kevin E. Pottinger PN101 AIR FORCE nominations (1179) be- ROY L. BOURNE, and ending STANLEY W. Colonel Derek P. Rydholm ginning ARIEL O. ACEBAL, and ending STE- SHEFTALL, which nominations were re- Colonel George F. Williams VEN M. ZUBOWICZ, which nominations ceived by the Senate and appeared in the IN THE ARMY were received by the Senate and appeared in Congressional Record of February 23, 2009. The following named officer for appoint- the Congressional Record of February 23, PN121 ARMY nomination of Frank ment in the United States Army to the grade 2009. Rodriguez Jr., which was received by the indicated under title 10, U.S.C., section 624: PN118 AIR FORCE nomination of Jonathon Senate and appeared in the Congressional V. Lammers, which was received by the Sen- To be major general Record of February 25, 2009. ate and appeared in the Congressional PN122 ARMY nomination of Edward E. Brig. Gen. Vincent K. Brooks Record of February 25, 2009. Turski, which was received by the Senate The following named officers for appoint- PN119 AIR FORCE nominations (3) begin- and appeared in the Congressional Record of ment in the United States Army to the grade ning GARY A. FOSKEY, and ending CONNIE February 25, 2009. indicated under title 10, U.S.C., sections 624 L. WARR, which nominations were received PN123 ARMY nomination of Joseph R. and 3064: by the Senate and appeared in the Congres- Krupa, which was received by the Senate and To be major general sional Record of February 25, 2009. appeared in the Congressional Record of Feb- Brig. Gen. James K. Gilman PN120 AIR FORCE nominations (7) begin- ruary 25, 2009. Brig. Gen. Philip Volpe ning BRYSON D. BORG, and ending DEX- PN124 ARMY nomination of Kathleen P. The following named officers for appoint- TER W. LOVE, which nominations were re- Naiman, which was received by the Senate ment in the United States Army to the grade ceived by the Senate and appeared in the and appeared in the Congressional Record of indicated under title 10, U.S.C., sections 624 Congressional Record of February 25, 2009. February 25, 2009. and 3064: PN155 AIR FORCE nominations (2) begin- PN125 ARMY nominations (2) beginning To be brigadier general ning GEORGE B. GOSTING, and ending JO- JUAN G. ESTEVA, and ending THOMAS E. SEPH S. PARK, which nominations were re- STARR, which nominations were received by Col. William B. Gamble ceived by the Senate and appeared in the the Senate and appeared in the Congres- Col. Richard W. Thomas Congressional Record of March 10, 2009. sional Record of February 25, 2009. IN THE MARINE CORPS PN158 AIR FORCE nominations (51) begin- PN126 ARMY nominations (2) beginning The following named officers for appoint- ning RICHARD D. BAKER, and ending ROBERT F. DONNELLY, and ending AN- ment in the United States Marine Corps Re- GREGORY B. YORK, which nominations GELICA REYES, which nominations were serve to the grade indicated under title 10, were received by the Senate and appeared in received by the Senate and appeared in the U.S.C., section 12203: the Congressional Record of March 10, 2009. Congressional Record of February 25, 2009. To be brigadier general PN159 AIR FORCE nominations (15) begin- PN127 ARMY nominations (3) beginning Col. Paul W. Brier ning JEFFREY L. ANDRUS, and ending RICHARD H. DAHLMAN, and ending DAVID Col. Frans J. Coetzee ROSE M. WOJCIK, which nominations were A. STILLS, which nominations were received received by the Senate and appeared in the by the Senate and appeared in the Congres- OFFICE OF PERSONNEL MANAGEMENT Congressional Record of March 10, 2009. sional Record of February 25, 2009. John Berry, of the District of Columbia, to PN160 AIR FORCE nominations (16) begin- PN128 ARMY nominations (4) beginning be Director of the Office of Personnel Man- ning FEDERICO C. AQUINO JR., and ending JULIE S. AKIYAMA, and ending ANDREW agement for a term of four years. JUNKO YAMAMOTO, which nominations L. HAGEMASTER, which nominations were SMALL BUSINESS ADMINISTRATION were received by the Senate and appeared in received by the Senate and appeared in the Karen Gordon Mills, of Maine, to be Ad- the Congressional Record of March 10, 2009. Congressional Record of February 25, 2009. ministrator of the Small Business Adminis- PN161 AIR FORCE nominations (148) begin- PN129 ARMY nominations (3) beginning tration. ning JOSELITA M. ABELEDA, and ending MICHAEL L. NIPPERT, and ending JOHN K.

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.155 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4295 GOERTMILLER, which nominations were re- MENICUCCI, which nominations were re- SULLIVAN, which nominations were received by the Senate and appeared in the ceived by the Senate and appeared in the ceived by the Senate and appeared in the Congressional Record of February 25, 2009. Congressional Record of March 25, 2009. Congressional Record of March 25, 2009. PN130 ARMY nominations (3) beginning PN244 ARMY nominations (3) beginning DEPARTMENT OF AGRICULTURE MARTIN L. BADEGIAN, and ending MARK JOHN M. DIAZ, and ending LAVORE L. James W. Miller, of Virginia, to be Under J. HODD, which nominations were received RICHMOND JR., which nominations were re- Secretary of Agriculture for Farm and For- by the Senate and appeared in the Congres- ceived by the Senate and appeared in the eign Agricultural Services, vice Mark Ever- sional Record of February 25, 2009. Congressional Record of March 25, 2009. ett Keenum, resigned. PN131 ARMY nominations (5) beginning PN245 ARMY nominations (2) beginning Kathleen A. Merrigan, of Massachusetts, to DEBRA H. BURTON, and ending LEE D. LUISA SANTIAGO, and ending YEVGENY S. be Deputy Secretary of Agriculture, vice SCHNELL, which nominations were received VINDMAN, which nominations were received Charles F. Conner, resigned. by the Senate and appeared in the Congres- by the Senate and appeared in the Congres- Joe Leonard, Jr., of the District of Colum- sional Record of February 25, 2009. sional Record of March 25, 2009. bia, to be an Assistant Secretary of Agri- PN132 ARMY nominations (10) beginning PN246 ARMY nominations (124) beginning culture, vice Margo M. McKay, resigned. PAUL P. BRYANT, and ending CHRIS- RANDALL W. COWELL, and ending DANIEL NOMINATION OF KAREN GORDON MILLS TOPHER R. WARD, which nominations were M. ZERBY, which nominations were received Ms. LANDRIEU. Mr. President, today received by the Senate and appeared in the by the Senate and appeared in the Congres- the Senate Committee on Small Busi- Congressional Record of February 25, 2009. sional Record of March 25, 2009. PN133 ARMY nominations (77) beginning PN247 ARMY nominations (16) beginning ness and Entrepreneurship unani- ROBERT J. ABBOTT, and ending PATRICK ALBERT J. ADKINSON, and ending WIL- mously reported the President’s nomi- J. WOOLSEY, which nominations were re- LIAM E. WYNNS JR., which nominations nation of Karen Gordon Mills to serve ceived by the Senate and appeared in the were received by the Senate and appeared in as Administrator for the Small Busi- Congressional Record of February 25, 2009. the Congressional Record of March 25, 2009. ness Administration. I would like to PN134 ARMY nominations (22) beginning IN THE MARINE CORPS thank my ranking member, Senator VANESSA A. BERRY, and ending SCOTT F. PN112 MARINE CORPS nominations (5) be- SNOWE, who recommended Ms. Mills for YOUNG, which nominations were received by ginning DAVID G. ANTONIK, and ending this post and her staff for their work the Senate and appeared in the Congres- STEVEN D. PETERSON, which nominations on this nomination. sional Record of February 25, 2009. were received by the Senate and appeared in I am pleased that President Obama PN135 ARMY nominations (8) beginning the Congressional Record of February 23, EFREN E. RECTO, and ending WILLIAM A. nominated Karen Mills. I believe she 2009. WOLKSTEIN, which nominations were re- has the right mix of experience and PN113 MARINE CORPS nominations (132) ceived by the Senate and appeared in the education and a willingness to serve beginning KELLY P. ALEXANDER, and end- Congressional Record of February 25, 2009. that will benefit her in this challenging ing ANTHONE R. WRIGHT, which nomina- PN136 ARMY nominations (14) beginning position. As our new SBA Adminis- tions were received by the Senate and ap- SUZANNE D. ADKINSON, and ending BRAN- peared in the Congressional Record of Feb- trator, Ms. Mills will be an extraor- DON S. WATKINS, which nominations were ruary 23, 2009. dinary role model for entrepreneurs received by the Senate and appeared in the PN137 MARINE CORPS nominations (773) across America—particularly for Congressional Record of February 25, 2009. beginning DEREK M. ABBEY, and ending women entrepreneurs. PN156 ARMY nominations (7) beginning ROBERT B. ZWAYER, which nominations Ms. Mills graduated magna cum THOMAS M. CARDEN JR., and ending AN- were received by the Senate and appeared in THONY WOODS, which nominations were re- laude from Harvard with a degree in ec- the Congressional Record of February 25, ceived by the Senate and appeared in the onomics. She then stayed at Harvard 2009. Congressional Record of March 10, 2009. to earn her MBA. She started out PN138 MARINE CORPS nominations (464) PN194 ARMY nomination of Laura K. Les- working as a product manager for Gen- beginning HARALD AAGAARD, and ending ter, which was received by the Senate and eral Mills and then segued into what MARK W. ZIPSIE, which nominations were appeared in the Congressional Record of received by the Senate and appeared in the was to become her true passion—grow- March 17, 2009. Cressional Record of February 25, 2009. ing new businesses. Ms. Mills is a PN195 ARMY nomination of Brigitte founding partner and was managing di- IN THE NAVY Belanger, which was received by the Senate rector of Solera Capital, a NY-based PN55 NAVY nomination of Scott D. Shiver, and appeared in the Congressional Record of venture capital firm run largely by March 17, 2009. which was received by the Senate and ap- PN196 ARMY nomination of Mitzi A. Ri- peared in the Congressional Record of Janu- women. She currently serves as Presi- vera, which was received by the Senate and ary 7, 2009. dent at MMP Group, Inc., a private eq- appeared in the Congressional Record of PN107 NAVY nominations (2) beginning uity investment and advising firm. March 17, 2009. STEVEN A. KHALIL, and ending DAVID B. Ms. Mills has balanced her role in PN197 ARMY nomination of Catherine B. ROSENBERG, which nominations were re- private, for-profit enterprises with ac- Evans, which was received by the Senate and ceived by the Senate and appeared in the tive involvement in her community. appeared in the Congressional Record of Congressional Record of February 23, 2009. This has been demonstrated in the March 17, 2009. PN108 NAVY nomination of Miguel Gon- work she has done in Maine, serving on PN198 ARMY nomination of Victor G. zalez, which was received by the Senate and the boards of many nonprofits that Kelly, which was received by the Senate and appeared in the Congressional Record of Feb- appeared in the Congressional Record of ruary 23, 2009. work to promote economic develop- March 17, 2009. PN109 NAVY nomination of David M. ment. It also shows in the work that PN199 ARMY nomination of Ryan T. Dromsky, which was received by the Senate she has done for organizations like the Choate, which was received by the Senate and appeared in the Congressional Record of Council on Foreign Relations. and appeared in the Congressional Record of February 23, 2009. From my meetings with Ms. Mills, it March 17, 2009. PN110 NAVY nomination of Jed R. is clear that we share many of the PN200 ARMY nominations (9) beginning Espiritu, which was received by the Senate same priorities—for example, assisting RAFAEL A. CABRERA, and ending CARL J. and appeared in the Congressional Record of women and minority entrepreneurs and TADAKI, which nominations were received February 23, 2009. making sure small businesses can ac- by the Senate and appeared in the Congres- PN111 NAVY nominations (27) beginning cess credit in these trying economic sional Record of March 17, 2009. CHARLES C. ADKISON, and ending TRICIA PN201 ARMY nominations (43) beginning L. TEAS, which nominations were received times. ROBERT A. BORCHERDING, and ending MI- by the Senate and appeared in the Congres- The SBA is an agency at a cross- CHAEL C. WONG, which nominations were sional Record of February 23, 2009. roads. Under the previous administra- received by the Senate and appeared in the PN164 NAVY nominations (2) beginning tion, the agency’s funding was slashed Congressional Record of March 17, 2009. GREGORY G. GALYO, and ending OLIVER by 28 percent—the biggest cut of any PN241 ARMY nomination of Victor J. C. MINIMO, which nominations were re- Federal agency. In my view, the agency Torres-Fernandez, which was received by the ceived by the Senate and appeared in the was relegated to the back benches dur- Senate and appeared in the Congressional Congressional Record of March 10, 2009. ing important policy debates on health Record of March 25, 2009. PN248 NAVY nominations (12) beginning care, trade and technology innovation, PN242 ARMY nominations (86) beginning CHRISTOPHER G. CUNNINGHAM, and end- to name a few. JOSEPH ANGERER, and ending MATTHEW ing CHRISTOPHER A. WILLIAMS, which We need strong, capable leadership to J. YANDURA, which nominations were re- nominations were received by the Senate and ceived by the Senate and appeared in the appeared in the Congressional Record of return this agency to its rightful place Congressional Record of March 25, 2009. March 25, 2009. as a Federal advocate for small busi- PN243 ARMY nominations (3) beginning PN249 NAVY nominations (3) beginning ness interests. In Ms. Mills, I am con- TED R. BATES, and ending PETER M. JANET L. JACKSON, and ending TODD M. fident that we have it.

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.151 S02APPT1 rfrederick on PROD1PC67 with SENATE S4296 CONGRESSIONAL RECORD — SENATE April 2, 2009 NOMINATION OF JANE HOLL LUTE At the U.N., she managed support op- ities and to make the Department TO BE DEPUTY SECRETARY OF erations for the second largest de- more efficient and effective in its mis- HOMELAND SECURITY ployed military force in the world, and sions. Needless to say, we will be seek- Mr. REID. Mr. President, I ask unan- oversaw a multibillion budget, which ing input from the administration. imous consent that the Senate proceed grew from $2 billion to nearly $8 billion One of the biggest problems the De- to Calendar No. 57, the nomination of annually. She undertook a variety of partment faces is its management of Jane Holl Lute. initiatives to improve the management acquisitions. Some of the Department’s The assistant legislative clerk read and financial accountability of the De- largest and most troubled acquisition the nomination of Jane Holl Lute, of partment of Peacekeeping Operations, programs—Deepwater, SBINet, radi- which included instituting a require- New York, to be Deputy Secretary of ation detection portal monitors—need ments review panel for acquisitions Homeland Security. stronger oversight and more decisive and a mission startup monitoring proc- Mr. LIEBERMAN. Mr. President, I leadership than they have gotten in the ess. rise to express my unqualified endorse- past. ment of Jane Holl Lute to be Deputy When she noticed that the U.N. was Secretary for the Department of Home- short on the procurement personnel Furthermore, the Department’s land Security. with the language skills and expertise heavy reliance on contractors to per- Mrs. Lute has impressive educational needed for the complex transactions form basic services raises serious ques- credentials—including a Ph.D. from they would work on, she helped insti- tions about whether DHS is building Stanford, a J.D. from Georgetown, and tute a program to identify, recruit, and sufficient internal capacity and insti- 3 years as a professor at West Point— train additional staff. tutional knowledge. Right now, DHS an outstanding professional history, She also instituted advanced training still has insufficient capacity to de- and broad national security and man- programs for senior administrative and velop requirements and evaluate the agement experience, all of which is management personnel, in response to technical feasibility of contractors’ more than ample preparation for the deficiencies she observed. proposals. I am particularly impressed by Mrs. position to which she has been nomi- In recent years the United States has Lute’s leadership and management ex- nated. seen serious threats to our cyber net- perience in a career dedicated to public She had a distinguished career in the works and we have not yet developed service. In her testimony before the military, served as the European spe- the tools to detect and defend against cialist at the National Security Coun- Homeland Security and Governmental these threats. Due to the vulnerabili- cil during the first Bush and Clinton Affairs Committee last week, it was ap- ties that still exist, we have experi- administrations, and for the past sev- parent that her experiences have enced massive identity theft, monetary eral years has worked in various posi- helped her develop into the leader she loss, and leaks of sensitive informa- tions with United Nations Peace- is today: One who recognizes that, in tion. Moreover, if these vulnerabilities keeping Operations. her own words, ‘‘people are the most Mrs. Lute joined the Army right out important resource any . . . organiza- are ever fully exploited, there is the po- of college and spent the next 16 years tion has.’’ tential to do significant damage to our serving in a variety of capacities, in- It is a testimony to Mrs. Lute and Nation’s critical infrastructure. The cluding as an action officer in Oper- her work that the committee has re- Department of Homeland Security has ation Desert Storm, U.S. Army Central ceived numerous letters supporting her the important responsibility of leading Command, Riyadh; as company com- nomination. Letters have come from Federal efforts to protect domestic mander, U.S. Signal Command, a bri- the International Association of Emer- cyber networks, both public and pri- gade signal officer; and as director for gency Managers, the National Emer- vate. The Department has made some european affairs on the National Secu- gency Managers Association, the Inter- progress in developing its capabilities rity Council for President George H.W. national Association of Fire Chiefs, the in this area, but much more work re- Bush and President Bill Clinton. Her Major Cities Chiefs, the National Sher- mains to be done. I look forward to military experience with signals intel- iffs’ Association, Lee Baca, the Sheriff working with Mrs. Lute to bolster the ligence and on the National Security of L.A. County, Lee Hamilton, former nation’s cyber security. Council has helped prepare her for the congressman and current President and Clearly, our southern border security intelligence and counterterrorism mis- Director, Woodrow Wilson Inter- has also become a central focus for the sions of DHS. national Center for Scholars, HRH Department and the Obama adminis- Since 2003, she has served in a variety Prince Zeid Ra’ad Al-Hussein, Jordan’s tration. Senator COLLINS and I success- of senior leadership positions with the Ambassador to the U.S., and many oth- fully amended the budget resolution U.N., including as the Assistant Sec- ers. this week to add $550 million for the retary-General of Peacekeeping Oper- Managing the Department of Home- Departments of Homeland Security and ations, and most recently as the As- land Security is no small task, de- Justice to help stem the flow of drugs sistant Secretary General for Peace- manding a smart and steady hand. The and people moving north into the U.S. keeping Support in the Executive Of- Deputy Secretary post carries with it and guns and money moving south into fice of the Secretary-General of the diverse responsibilities that range from Mexico. I look forward to a close col- U.N. overseeing preparations to respond to a laboration with the Department in this As Assistant Secretary-General, Mrs. nuclear terrorist attack to ensuring area. Lute has managed a very large and that DHS employees have adequate of- The Department faces many other complex Peacekeeping workforce, with fice space. challenges that must be met and con- responsibility for hundreds of thou- DHS has at times struggled to gain quered if it is to succeed in its ultimate sands of military and civilian per- solid footing over the course of its six- mission of protecting the nation from sonnel in over 30 countries, including year lifespan. Each year it becomes terrorism and natural disasters. This hotspots such as Kosovo, the Congo, stronger, I am happy to note. And I committee has always worked coopera- and Darfur, to name just a few. This don’t think there is any question that tively with the Department and will was no small accomplishment. Her the country is safer as a result of the continue to do so to ensure its success. leadership helped to ensure the secu- Department’s efforts. rity and welfare of people around the But the Department has a difficult If confirmed, Mrs. Lute will play a globe living in unaccommodating and and varied mission and its work is cen- large part in setting the Department hostile circumstances. tral to the security of all Americans. on course to overcome these chal- She also managed multibillion-dollar So we must continue to press forward lenges. I want to thank her for her budgets and welcomed oversight and to improve upon its capabilities. many years of service and say that I constructive criticism of her depart- To that end, I am working to draft believe she is exceptionally qualified to ment, in an organization that many the Senate’s first authorization bill for take on DHS’ challenges. I urge my fel- have described as ‘‘openly hostile’’ to the Department as a means of laying low Senators to support her confirma- such transparency. out what I believe should be its prior- tion.

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.151 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4297 Mr. COBURN. Mr. President, Jane problems that greatly increased the in Darfur to a subsidiary of Lockheed Holl Lute has been nominated to be- cost of operations or lost resources al- Martin. come the Deputy Secretary for Man- together. At the time, the Officer-in-Charge of agement at the Department of Home- Specific examples listed in the report the U.N. Department of Management land Security, (DHS). If confirmed, she include criminal acts such as bribery where much of the U.N.’s procurement would be responsible for the following and kickback schemes, overpayments took place sent Ms. Lute a memo re- at DHS: budget, appropriations, ex- to vendors, lack of competitive bid- sponding to her charges that Peace- penditure of funds, accounting and fi- ding, lack of acquisition plans, lack of keeping procurement problems was the nance; procurement; human resources qualified procurement staff, splitting fault of the U.N. Department of Man- and personnel; information technology single contracts apart to avoid report- agement. systems; facilities, property, equip- ing requirements, transactions with no While the Department of Manage- ment, and other material resources; contract in place, unauthorized con- ment has many faults and has an and performance measurements track- tracts issued, use of uneconomical con- equally tarnished record within the ing. tractors, unnecessary expenditures, U.N., the comments in the memo are After reviewing the parts of her U.N. and dysfunctional asset and property telling in that they reinforce the find- record that had to be leaked for any of management. ings of several OIOS and Procurement us to know about it, it is clear that Ms. The task force found that significant Task Force reports. Lute is either not qualified or not expe- Peacekeeping missions lacked ‘‘indica- According to the memo, Ms. Lute rienced to manage the DHS. When tors of achievement and performance failed to plan for the Darfur peace- pressed to explain the mismanagement, measures’’ for the political and civilian keeping mission which led to sole fraud, and corruption that took place affairs components of operations. Spe- source contracting despite having 18 under her watch at U.N. Peacekeeping cifically, roles and responsibilities months to prepare. The memo also in- Operations, Ms. Lute consistently di- were not formally established, and dicates Ms. Lute failed the prepared- verted blame to other U.N. officials or there were no defined reporting lines ness test by not having a logistics con- departments—making it appear she and accountability.4 cept in place to embark on a logistics delivery capability at short notice that really didn’t manage much of the U.N. The task force reports that a major will also meet U.N. procurement rules. If accurate, she is not experienced. roadblock to its investigation is due to Finally, the memo states that the When pressed to explain how she is ex- ‘‘limited cooperation’’ from U.N. staff delays in startup of the mission were perienced enough to manage DHS, Ms. and vendors due to the lack of a com- due to Ms. Lute constantly changing Lute then claims she was at the center pulsory process for obtaining docu- mission requirements. According to the of Peacekeeping Operations, managed ments and testimony.5 memo, these delays ‘‘constitute a pat- the internal operations—making it ap- Even after the task force exposed tern, to which oversight bodies of the pear that she was responsible for every- Peacekeeping mismanagement, peace- U.N. may be less charitable towards thing. If accurate, this means she is keeping and procurement management and may well find the pattern as trou- also responsible for the mismanage- were not ‘‘consistent in applying the standards to which they are supposed bling.’’ ment and waste. Ms. Lute cannot have In a 2008 OIOIS Procurement Task to hold staff accountable.’’ 6 it both ways. Force report, U.N. auditors expressed For each of its audits and investiga- An overall assessment of Peace- concerns that based on prior audits and tions, the task force made rec- keeping Operations is that they are investigations that Peacekeeping Oper- ommendations to Ms. Lute and her saturated in fraud and abuse. ations will face a ‘‘higher-risk exposure U.N. Peacekeeping team on how to ad- In 2007 and 2008, the U.N. Procure- to mismanagement, fraud and corrup- dress the serious fraud and mismanagement Task Force, a branch of the U.N. tion’’ as a result of the no-bid contract Office of Internal Oversight Services, ment issues. A number of critical rec- 8 7 requested by Ms. Lute. OIOS, issued several reports that had ommendations were not accepted. It is also important to point out that to be leaked in order for anyone out- Regarding Peacekeeping procure- almost the entire U.N. shares concerns side the U.N. to know about them. ment, Ms. Lute tries to have it both about what Ms. Lute did with this con- The reports were based on investiga- ways by diverting blame but also tract. In 2007, the U.N. General Assem- tions related to U.N. peacekeeping claiming she still has procurement ex- bly voted 142 to 1, sadly with only the management and procurement that un- perience. United States dissenting, to express covered a significant amount of corrup- When asked at her nomination hear- concern about the no-bid contract 9 tion, fraud, waste, overpayments, ing about the procurement corruption Even though Ms. Lute claimed at her abuse, negligence and mismanagement under her watch, Ms. Lute claimed hearing that she had little responsi- in a number of high value contracts. that the corruption and mismanage- bility in contracting decisions or over- This reflects a lack of an internal con- ment was not her fault but the fault of sight, she clearly had enough influence trol system within U.N. Peacekeeping procurement staff in the field. on the process to pressure her U.N. col- procurement under Ms. Lute’s manage- Since she indicated at the hearing leagues to accept a no-bid contract. ment.1 that she had little or no responsibility Why would she then be unable to use The findings of the U.N. audit reports for the Peacekeeping procurement, Ms. this same influence to press for con- are alarming. Lute was asked in her questions for the trols, transparency, and accountability For example, the reports found 43 record what other procurement experi- in order to protect her Peacekeeping percent of mostly U.N. peacekeeping ence she had that would qualify her for Operations from being undermined by procurement tainted by fraud. Out of managing procurement at DHS. Her cost overruns, waste, and illicit behav- $1.4 billion in U.N. contracts internally written response reveals that Ms. Lute ior? investigated, $610 million was tainted was much more responsible for Peace- If the assessment from the U.N. offi- by 10 ‘‘significant fraud and corruption keeping procurement than she admit- cial in the Management Department is schemes.’’ 2 Since 43 percent of the pro- ted at the hearing. She wrote in her re- correct, Ms. Lute failed the prepared- curement contracts are tainted and the sponse that she had ‘‘responsibility for ness test when it came to rapid deploy- U.S. taxpayer contributes up to 26 per- oversight of personnel responsible for ment of resources and personnel to recent of all U.N. funding, it is safe to directly engaging and supervising the spond to new crises. Preparedness is say the entire U.S. contribution in this provision of contract services.’’ what she was responsible for at U.N. case was tainted by corruption an Another indication that Ms. Lute has Peacekeeping, and it will be what she waste. a much larger role and influence on is responsible for at DHS. ‘‘Total disregard for controls’’ is how Peacekeeping procurement than she Another indication that Ms. Lute had the task force described senior U.N. of- admitted at her hearing is how she more responsibility for Peacekeeping ficials involved in peacekeeping pro- pushed through a no-bid contract for procurement than what she admitted curement fraud.3 In an environment of her mission to Darfur in 2007. In 2007, to at her hearing was that she publicly no controls, Ms. Lute’s Peacekeeping Lute personally steered a $250 million defended the Peacekeeping procure- Operations suffered from numerous no-bid contract for U.N. peacekeeping ment fraud when it was made public in

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.161 S02APPT1 rfrederick on PROD1PC67 with SENATE S4298 CONGRESSIONAL RECORD — SENATE April 2, 2009 the media. In 2007, the Washington long-term contract was being prepared, Peacekeeping managers were informed Post published its report on the Peace- the poor-performing contractor contin- by the head of the DRC Mission that keeping procurement fraud after the ued to supply fuel to the mission with- there were initially 50 allegations of U.N. audits were leaked. Ms. Lute out a written contract.14 sexual abuse, 42 involving minors, but chose to respond on behalf of U.N. Ms. Lute failed to step in when poor- total allegations rose to 72 in a fol- Peacekeeping. In her op-ed, she makes performing contractor was given long- lowup report.21 The report detailed acts excuses for the fraud, claims there is term contract despite repeated reports such as the rape of a minor in a U.N. no pattern of abuse in peacekeeping of inconsistent fuel supply and poor armored personnel carrier and a pros- procurement, and misrepresented the performance measurements.15 Bid rig- titution network of minors at the U.N. Washington Post article in order to ging by U.N. Peacekeeping and Pro- airport. discredit it. She claims the article was curement staff was again to blame.16 The media reports indicate that the misleading when it said that peace- Since this took place towards the end investigation done by Ms. Lute and the keeping ‘‘suffered losses in the hun- of her time managing U.N. Peace- other managers of U.N. Peacekeeping dreds of millions.’’ In reality, the arti- keeping, it is telling that, even after Operations was fatally flawed. There cle quoted directly from the U.N. au- five years managing Peacekeeping Op- was no witness protection offered to dits saying correctly that U.N. audi- erations, Ms. Lute failed to have the the victims which led to witnesses tors found multiple instances of fraud proper controls in place that would being bribed or threatened to change that tainted $610 million worth of con- prevent this from occurring or from their testimony. Investigators were re- tracts.10 being overlooked so many times. portedly ordered to only investigate If Ms. Lute was truly not responsible Another U.N. audit report written to- claims in one town while ignoring the for the massive amount of procurement wards the end of Ms. Lute’s time man- numerous claims made throughout the fraud, it is odd that she would then aging Peacekeeping revealed another DRC. choose to represent peacekeeping pro- mission she deployed without proper It is also reported that a high-rank- curement and rebut this article. Even controls in place. The Procurement ing Peacekeeping official for the U.N. if she had no responsibility for the mis- Task Force released an audit in May of Mission to the DRC was sexually ex- management and fraud, it would have 2007 regarding its assessment of pro- ploiting minors as young as 13, and been much more productive if Ms. Lute curement fraud indicators in the mis- eventually 150 cases were brought chose instead to use this opportunity sion to Liberia, UMIL.17 The audit was against Peacekeeping soldiers and ci- in her op-ed to make the case for re- designed to test whether UNMIL had vilians ranging from abduction and forming Peacekeeping operations and the proper controls in place to protect rape of minors to the finding of more procurement, offer suggestions for cut- against fraud and corruption. than 250 images of child pornography ting waste, and laying out a better pre- Regarding UNMIL’s requisitioning involving Congolese children on the paredness plan and logistics concept. office, which is under Ms. Lute’s man- laptop of a U.N. official. Unfortunately, we have no record of agement, the audit found that Ms. Lute The OIOS documented in January, Ms. Lute speaking out about the prob- failed to initiate good business practice 2005 at least 7 cases of underage sexual lems that were undermining U.N. and internal control principles by not abuse committed by U.N. peacekeepers, Peacekeeping or offering reform ideas limiting the number of persons that and all but one of them were fully sub- whether at a press conference or in a can raise requisitions.18 It also found stantiated. report to the U.N. Security Council. that Ms. Lute failed to staff the req- There were also press reports of The Procurement Task Force re- uisition office with qualified staff that abuses in the Sudan during this same leased a report in July of 2007 regard- could ensure specifications on the req- time period. According to The Daily ing its investigation of ground fuel pro- uisition are accurate. This could lead Telegraph, in 2005, U.N. officials knew curement in the U.N. peacekeeping to inefficient procurement, wasteful of the sexual abuse of children as mission to Haiti, MINUSTAH.11 The purchases, and loss of funds.19 young as 12 that began in 2005 soon conclusion of the report indicated the Ms. Lute’s record responding to after the U.N. Peacekeeping mission in ground fuel procurement process was Peacekeeper rape and sexual exploi- Southern Sudan, UNMIS, went to work not conducted in a fair and transparent tation of women and children is also to rebuild the region.22 A leaked inter- manner resulting in bid rigging and the troubling. nal report compiled by the U.N. chil- awarding of the contract to a company For years, U.N. watchdogs, human dren’s agency, UNICEF, in July 2005 re- initially ranked as ‘‘non-compliant.’’ rights groups, and now U.N. auditors ferred to the sexual exploitation per- U.N. staff from both Procurement and have been documenting hundreds of al- petrated by U.N. peacekeepers, mili- Peacekeeping Departments was respon- legations and confirmed instances of tary policy, and civilian staff. Accord- sible. This report made several findings sexual crimes against women and small ing to the paper, this report was sub- that reflect on Ms. Lute’s performance children under U.N. peacekeeping care stantiated by a preliminary report as manager of resources and field de- and protection. The perpetrators in- from a leading U.N. affiliated NGO that ployment. clude both military and civilian Peace- was unwilling to be named for political For example, it reports that Ms. Lute keeping personnel. Allegations of mis- reasons. failed to staff MINUSTAH with experi- conduct have been made in every major Allegedly hundreds of children have enced fuel staff that could evaluate the Peacekeeping operation including the been abused, and the Telegraph has technical and commercial aspects of Democratic Republic of Congo, Bosnia, independently documented at least 20 the fuel contracting.12 Burundi, Cambodia, Guinea, Haiti, victims claiming U.N. peacekeepers It also illustrates that Ms. Lute Ivory Coast, Kosovo, Liberia, Sierra and civilian staff regularly picked up failed to act on the continual supply Leone, and the Sudan.20 young children in U.N. vehicles and chain inconsistencies. The report Ms. Lute was responsible for the U.N. raped them. shows that Peacekeeping staff reported response to and prevention of the rape As Under Secretary General for Field problems including the discrepancy be- and sexual exploitation. Despite claim- Support, Ms. Lute was responsible for tween how much fuel was purchased ing a ‘‘zero tolerance’’ policy and hav- responding to this issue and imple- and what was actually delivered, the ing systems in place to help prevent menting policies to prevent this abuse contractor’s use of substandard fuel this abuse, Ms. Lute’s record suggests and bring the perpetrators to justice. tankers, and other problems. Even otherwise with abuse continuing to Sadly, even after implementing weak after the problem had been flagged, the plague peacekeeping operations and no reforms—such as what amounts to sex- contract was never pulled and reas- known prosecution and imprisonment ual harassment training for peace- signed.13 of a single perpetrator. keepers—the abuse continued and there Making the U.N.’s risk exposure even In 2004, reports first began emerging are no known prosecutions or worse, under Ms. Lute’s watch, of the rampant sexual exploitation of imprisonments for the perpetrators. MINUSTAH received its fuel supply children at the Republic of Congo, In 2006, U.N. investigators at the with an expired contract. The initial DRC, peacekeeping mission. According OIOS substantiated reports that U.N. fuel contract expired, and while the to press reports, in June 2004, U.N. peacekeepers in Liberia had sexually

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.162 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4299 abused an under-age girl and U.N. It is important to point out that we ations,’’ U.N. Office of Internal Oversight peacekeepers in the Sudan had sexually have no evidence or data that suggests Services, February 23, 2007 and ‘‘Report of abused four women.23 In 2008, the NGO Ms. Lute has been successful in this en- the Office of Internal Oversight Services on Save the Children reported that peace- deavor. Using the Peacekeeping Mis- the activities of the Procurement Task Force for the 18–month period ended 30 June keepers were sexually abusing very sion to Lebanon as an example, this 2007,’’ U.N. Office of Internal Oversight Serv- young children in war zones and dis- one mission alone illustrates Ms. ices, October 5, 2007—http://tinyurl.com/9ext17; aster areas in the Ivory Coast, south- Lute’s poor performance at stopping ‘‘Report on the activities of the Office of In- ern Sudan, and Haiti— and going large- the flow of illegal arms as Hezbollah ternal Oversight Services for the period from ly unpunished.24 Save the Children re- has, on multiple occasions, successfully 1 January to 31 December 2007,’’ U.N. Office ports, ‘‘Children as young as six are armed and rearmed on the Israeli bor- of Internal Oversight Services, February 25, trading sex with aid workers and der. There are also multiple reports of 2008. 2 peacekeepers in exchange for food, illegal arms smuggling involving OIOS, October 5, 2007, pg 16. 3 OIOS, February 23, 2007, pg 2. money, soap and, in very few cases, Peacekeepers in Africa supplying arms 4 OIOS, February 25, 2008., pg 11. luxury items such as mobile phones.’’ to local militias.27 5 OIOS, October 5, 2007, pg 2. According to Marianne Mollman of Ms. Lute also pointed out that she 6 OIOS, February 23, 2007, pg. 8. Human Rights Watch, the current sta- operated a port in the Congo along a 7 OIOS, February 23, 2007, pg. 17. tus of the U.N. response to peace- river. When I questioned her at the 8 Pg 9–10, ‘‘Report on the activities of the keeping abuses continues to be poor.25 hearing regarding her responsibility for Office of Internal Oversight Services for the Mollman describes investigations of the abuse that took place in the Congo period from 1 January to 31 December 2007,’’ the abuse carried out by Ms. Lute as on her watch, she claimed that she had U.N. Office of Internal Oversight Services, February 25, 2008. follows: lack of speed of investigations, little ‘‘on the ground’’ management re- 9 Lee, Matthew Russel, ‘‘UN’s Jane Holl lack of transparency and follow sponsibilities. Her story changes when Lute Admits No-Bid Lockheed Martin Deal through of investigations, and lack of asked to provide her experience and Caused ‘Confusion,’ Says No Conflict of In- breadth of investigations. qualifications to manage DHS. terest In Iraq and Afghan Overlap with Hus- There are other instances of illicit In her response to my prehearing band’s Role,’’ Intercity Press, February 11, behavior going largely unpunished dur- questions, Ms. Lute indicated that she 2008—http://tinyurl.com/cvycq6 ing Ms. Lute’s tenure at Peacekeeping. utilized several performance indicators 10 Lynch, Colum, ‘‘U.N. Finds Fraud, Mis- In 2008, Human Rights Watch issued a to determine whether or not her pro- management in Peacekeeping,’’ Washington letter regarding several cases where Post, December 18, 2007; Lute, Jane Holl, grams were effective. I then asked Ms. ‘‘Overstating Corruption at the U.N.,’’ Wash- Peacekeepers were involved in other il- Lute whether there is any record of ington Post, December 26, 2007. licit activities such as gold-smuggling these performance measures or any re- 11 ‘‘Report on the Ground Fuel Procure- and weapons trading. In these cases, ports that audit her operations based ments at MINUSTAH,’’ Report no. PTF–R010/ like the sexual abuse case, Human on these indicators. Ms. Lute re- 07, OIOS, July 16, 2007. Rights Watch reports that ‘‘the slow sponded that she ‘‘cannot recall specifi- 12 OIOS, July 16, 2007, pg. 10. process in carrying out this investiga- cally which report or which measure’’ 13 OIOS, July 16, 2007, pg. 22. 14 tion and the continued lack of action were tracking her performance. In OIOS, July 16, 2007, pg. 24. 15 OIOS, July 16, 2007, pg. 33. raises important questions on how the other words, it appears Ms. Lute has 16 OIOS, July 16, 2007, pg. 44. 26 U.N. investigates itself.’’ not received specific performance re- 17 ‘‘Audit Report: Procurement fraud indi- When I questioned Ms. Lute about ports and lacks a working knowledge of cators in UNMIL,’’ Assignment no. AP2006/ the number of victims she provided as- how she performed according to those 626/02, OIOS, May 21, 2007. sistance to, the budget of her victims’ standards. I believe it is impossible to 18 OIOS, May 21, 2007, pg. 2. assistance program, the number of per- manage what you do not measure. 19 OIOS, May 21, 2007, pg. 3. petrators she successfully had pros- Unfortunately for Ms. Lute, the en- 20 Schaeffer, Brett, ‘‘United Nations Peace- ecuted, and other basic information, tire U.N. system, including Peace- keeping: The U.S. Must Press for Reform,’’ she responded saying she knows of no keeping Operations, lacks even the Heritage Foundation, September 18, 2008— http://tinyurl.com/brazs6 reports that track this information. most basic transparency or account- 21 Holt, Kate and Sarah Hughes, ‘‘UN: When This is a disturbing answer from some- ability. Without transparency, we can- peacemakers become predators,’’ The Inde- one claiming to effectively deploy vic- not discover whether or not there is pendent, January 11, 2005 tims’ assistance into the field while re- evidence that Ms. Lute, during her ten- 22 Holt, Kate and Sarah Hughes, ‘‘U.N. Staff ports on the ground claim there are ure at U.N. Peacekeeping, was able to Accused of Raping Children in Sudan,’’ The many victims that have been waiting turn her operations around, institute Daily Telegraph, January 4, 2007—http:// for over 4 years but still have not re- controls, make policy reforms, and tinyurl.com/ympgtn 23 ceived assistance from Ms. Lute. This whether these efforts were successful. ‘‘Report of the Office of Internal Over- Every U.N. report that we were able sight Services Part two: peacekeeping oper- certainly does not sound like a policy ations,’’ Office of Internal Oversight, Feb- of ‘‘zero tolerance.’’ to receive after they were first leaked ruary 23, 2007. In her response, Ms. Lute also points indicates that operations under Ms. 24 Corinna Csa´ ky, ‘‘No One to Turn To: The out that she coordinated meetings and Lute’s management were undermined Under-Reporting of Child Sexual Exploi- discussions and conferences at the U.N. by fraud, waste, corruption, and mis- tation and Abuse by Aid Workers and Peace- regarding Peacekeeping abuse and vic- management. We have no positive keepers,’’ Save the Children, 2008—http:// tims’ assistance. But she cannot record of Ms. Lute’s performance meas- tinyurl.com/cun6zb produce any evidence or information il- urements. Several former U.N. officials 25 Phone interview with and email from lustrating she carried out the victims’ have written letters of endorsement for Marianne Mollman, Human Rights Watch, February 2, 2008. assistance programs or whether any Ms. Lute, but the endorsements were 26 Roth, Kenneth and Steve Crawshaw, such programs were effective. based on Ms. Lute’s verbal commit- ‘‘UN: Hold Peacekeepers Accountable for In my questions for the Record, in ment to address the waste and fraud, Congo Smuggling: Letter to Chief of UN order to ascertain whether or not Ms. and none of these officials actually in- Peacekeeping Urges Follow-Through,’’ Lute has the qualifications to manage vestigated what Ms. Lute did in re- Human Rights Watch, July 22, 2007—http:// DHS, I asked Ms. Lute whether she had sponse or whether her response was ef- tinyurl.com/dj36xb experience managing DHS issues and fective. 27 Roth, Kenneth and Steve Crawshaw, activities such as border security, im- I believe that Ms. Lute is unqualified ‘‘UN: Hold Peacekeepers Accountable for migration, port security, counterter- Congo Smuggling: Letter to Chief of UN and inexperienced to manage the De- Peacekeeping Urges Follow-Through,’’ rorism, or other DHS-specific port- partment of Homeland Security. Given Human Rights Watch, July 22, 2007—http:// folios. In her written response, Ms. her record that we are able to docu- tinyurl.com/dj36xb; ‘‘Peacekeepers sell arms Lute claims she had ‘‘responsibilities ment, I cannot in good conscience sup- to Somalis,’’ BBC News, May 23, 2008—http:// for border security and management port her nomination. news.bbc.co.uk/2/hi/africa/7417435.stm. where stopping the flow of illegal arms ENDNOTES The PRESIDING OFFICER. The and narcotics is a central part of the 1 Report of the Office of Internal Oversight question is, Shall the Senate advise Mission’s mandate.’’ Services Part two: peacekeeping oper- and consent to the nomination of Jane

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.162 S02APPT1 rfrederick on PROD1PC67 with SENATE S4300 CONGRESSIONAL RECORD — SENATE April 2, 2009 Holl Lute to be Deputy Secretary of President Obama has said that Lanny Twenty former chairs of the American Homeland Security? Breuer has the ‘‘depth of experience Bar Association Section of Antitrust The nomination was confirmed. and integrity’’ to fulfill the highest Law have described Ms. Varney as a Mr. REID. Mr. President, I ask unan- standards of the American people and ‘‘highly accomplished, capable nominee imous consent that the President be the Department of Justice. I agree. Mr. who will serve consumers and this immediately notified of the Senate’s Breuer began his legal career as an as- country with distinction’’ and who will action and the Senate resume legisla- sistant district attorney in the Man- have ‘‘immediate credibility’’ in her tive session. hattan District Attorney’s Office. He new position. The PRESIDING OFFICER. Without told us during his hearing that his I agree. At a time when our economy objection, it is so ordered. commitment to ensuring justice for all is suffering, there is a temptation to Mr. LEAHY. Mr. President, the Sen- Americans stemmed from his days act anticompetitively. We need to ate was poised today to confirm three working on the front lines of the fight make sure that we have a strong and more superbly qualified nominees to against crime as a Manhattan pros- effective advocate for competition and fill top leadership positions at the De- ecutor. His call to public service con- the interests of consumers in place. partment of Justice before adjourning tinued while serving in the White Now is not the time for delay. for the 2-week April recess. Instead, House Counsel’s Office as a special the Republican minority has returned counsel to President Clinton. Mr. Republican Senators delayed for to the tactics of anonymous and unac- Breuer has also worked in private prac- weeks the confirmation of Harvard countable holds they employed when tice for the prestigious Washington, Law School Dean Elena Kagan to be they were in the majority to block DC, law firm of Covington & Burling. the Solicitor General of the United scores of President Clinton’s nominees. He is a graduate of Columbia Law States, before demanding an extended Attorney General Holder needs his School and Columbia University. debate on her nomination. They have leadership team in place to rebuild and Michael Chertoff, who led the Crimi- yet to consent to a time agreement on restore the Department. Tony West, nal Division at the Department of Jus- the nomination of Dawn Johnsen to President Obama’s nominee to lead the tice during the Bush administration, lead the critical Office of Legal Coun- Civil Division, Lanny Breuer, nomi- endorsed Mr. Breuer’s nomination, say- sel. And they are now holding up three nated to head the Criminal Division, ing he has ‘‘exceptionally broad legal nominations today, including the nom- and Christine Varney, nominated to experience as a former prosecutor and ination of Christine Varney to head the head the Antitrust Division, have all defense attorney’’ and has ‘‘out- Antitrust Division. I am concerned chosen to leave lucrative private prac- standing judgment, a keen sense of that Republican delay tactics are cre- tices to return to Government service. fairness, high integrity and an even ating a double standard for these high- None of these are controversial nomi- temperament.’’ Brad Berenson, a vet- ly qualified women. Republicans did nees. They all received numerous let- eran of the Bush administration’s not apply the same standards or make ters of strong support, and endorse- White House counsel’s office, writes the same demands for extensive fol- ments from both Republican and that Mr. Breuer is ‘‘everything one lowup information and meetings when Democratic former public officials. could hope for in a leader of the Crimi- supporting President Bush’s nomina- They were all reported out of the Judi- nal Division.’’ tions to the same posts. ciary Committee last week by unani- Mr. Breuer’s former colleagues from Indeed, The New York Times and mous consent. We should be confirming the Manhattan District Attorney’s Of- Roll Call yesterday each featured re- them today, not holding them hostage fice have said that as a criminal pros- ports suggesting that Senate Repub- to the tired partisan playbook of Sen- ecutor, he ‘‘distinguished himself as a licans intend to, and are planning to, ate Republicans. tenacious but scrupulously fair trial filibuster the nomination of Dawn Tony West knows the Department of lawyer, driven by the unwavering goal Johnsen to serve as the Assistant At- Justice well. He served in the Depart- of achieving justice.’’ Former Deputy torney General for the Office of Legal ment as a Special Assistant to Deputy Attorney General Larry D. Thompson Counsel at the Justice Department. I Attorneys General Philip Heymann and and former Congressman and DEA Ad- cannot remember a time when Demo- Jamie Gorelick. He then worked as a ministrator Asa Hutchinson have also cratic Senators filibustered a Justice Federal prosecutor in the U.S. Attor- written to the committee in support of Department nomination. Speech after ney’s Office for the Northern District Mr. Breuer’s nomination. I agree with speech by Republican Senators just a of California. His commitment to pub- all their comments and wish the Re- few short years ago about how it would lic service continued when he became a publican minority was not stalling con- be unconstitutional to filibuster Presi- Special Assistant Attorney General in firmation of Mr. Breuer’s nomination. dential nominees appear now to be just the California Department of Justice. Christine Varney was confirmed to be speeches that served a partisan polit- He has also worked in private practice. a U.S. Federal Trade Commissioner in ical purpose at the time. Mr. West is a graduate of Harvard Uni- 1994, after being nominated by Presi- versity and Stanford University Law dent Clinton. As a Federal Trade Com- During last week’s formal installa- School, where he served as president of missioner, Ms. Varney gained valuable tion of the Attorney General, President the Stanford Law Review. experience in antitrust enforcement Obama reminded Americans and the His nomination has earned support and in reducing anticompetitive meas- world that what makes our country from both sides of the aisle. The former ures that harm American consumers. unique is that ‘‘we are bound together chairman of the California Republican Her Government service work includes not by a shared bloodline or allegiance Party, George Sundheim, sent a letter a high level position in President Clin- to any one leader or faith or creed, but to the committee stating that Mr. ton’s White House, where she served as by an adherence to a set of ideals.’’ The West is admired by ‘‘both sides of the an assistant to the President and sec- men and women at the Department of aisle’’ for his ‘‘integrity, honesty and retary to the Cabinet. She has worked Justice have a special duty to uphold decency,’’ and that there is no one in private practice for the prestigious the rule of law because ‘‘laws are only ‘‘more qualified to assume a position of Washington, DC, law firm of Hogan & as effective, only as compassionate, leadership in the Department of Jus- Hartson. She also graduated from my [and] only as fair as those who enforce tice.’’ The Federal prosecutors who alma mater, the Georgetown Univer- them.’’ worked across the table from Mr. West sity Law Center. All of the nominees we should be con- during the high-profile prosecution of Her nomination is supported by indi- sidering and confirming today fit the John Walker Lindh witnessed Mr. viduals who served in the Antitrust Di- mold described by President Obama West’s ‘‘extraordinary profes- vision during both Democratic and Re- and the best traditions of the Depart- sionalism,’’ and ‘‘smart advocacy . . . publican administrations. John ment of Justice. I urge Republican Sen- executed with the highest degree of in- Shenefield and James Rill, both former ators to reconsider their partisan ob- tegrity.’’ We should be confirming this heads of the Antitrust Division, say structionist approach and return from outstanding leader for the Civil Divi- that she is ‘‘extraordinarily well quali- recess ready to end the delays and con- sion today. fied to lead the Antitrust Division.’’ firm these nominees.

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.153 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4301 LEGISLATIVE SESSION ers, Christopher J. Dodd, Patty Mur- Corporal Ouellette is survived by his ray, Benjamin L. Cardin. The PRESIDING OFFICER. The Sen- parents, Donna and Leonard Ouellette, ate will now resume legislative session. Mr. REID. Mr. President, I ask unan- as well as a brother, Alan, and a sister, imous consent that upon disposition of Stephanie. He will be missed dearly by f the nominations specified in a previous all those who knew him. ORDER OF PROCEDURE— order for Monday, April 20, there be 20 I ask my colleagues to join me and EXECUTIVE CALENDAR minutes of debate, equally divided and all Americans in honoring U.S. Marine Cpl Michael Ouellette. Mr. REID. Mr. President, as if in ex- controlled between the leaders or their designees prior to the cloture vote on Mr. GREGG. Mr. President, I rise ecutive session, I ask unanimous con- today with a heavy heart and a deep sent that on Monday, April 20, at 5:30 the Hill nomination, and that the mandatory quorum be waived. sense of gratitude to pay tribute to Cpl p.m., the Senate proceed to executive Michael Ouellette of Manchester, NH, session to consider the following nomi- The PRESIDING OFFICER. Without objection, it is so ordered. for his service and the sacrifice he paid nations, and that once reported, the for his country. Senate proceed to vote as follows: f Michael exhibited willingness and en- Calendar No. 34, the nomination of LEGISLATIVE SESSION thusiasm to serve and defend his coun- Tony West; Calendar No. 35, the nomi- Mr. REID. Mr. President, I now ask try after visiting hurricane-ravaged nation of Lanny Breuer; Calendar No. unanimous consent that the Senate re- New Orleans in 2005. He subsequently 36, the nomination of Christine Anne sume legislative session. joined the U.S. Marine Corps and Varney. The PRESIDING OFFICER. Without served two tours of duty in Iraq before I further ask that prior to each vote, objection, it is so ordered. deploying to Afghanistan. Tragically, there be 2 minutes of debate equally di- on March 22, 2009, Michael paid the ul- f vided and controlled in the usual form; timate sacrifice. In support of his and after the first vote in this se- MORNING BUSINESS brothers in arms and the country he quence, the succeeding votes be limited Mr. REID, Mr. President, I ask unan- loved, Michael was killed by an impro- to 10 minutes each; that upon con- imous consent that the Senate proceed vised explosive device in Helmand firmation of the nominations, the mo- to a period for the transaction of morn- Province, Afghanistan. Corporal tions to reconsider be laid upon the ing business, with Senators allowed to Ouellette will live on as a decorated table, en bloc; that no further motions speak for up to 10 minutes each. hero and the epitome of a patriot. be in order; that any statements relat- The PRESIDING OFFICER. Without Michael graduated from Manchester ing to the nominations be printed in objection, it is so ordered. Memorial High School in 1999. A be- the RECORD, as if read, the President be loved member of the Manchester com- f immediately notified of the Senate’s munity, Michael was the embodiment action, and the Senate resume legisla- HONORING OUR ARMED FORCES of selflessness. With the same sense of tive session. CORPORAL MICHAEL OUELLETTE altruistic integrity that led him to The PRESIDING OFFICER. Without Mrs. SHAHEEN. Mr. President, I help an unfamiliar and unsuspecting objection, it is so ordered. wish to express my sympathy over the Memorial High classmate fix a flat f loss of Marine Cpl Michael W. tire; Michael answered the call to help Ouellette, a 29-year-old native of Man- his country. EXECUTIVE SESSION chester, NH. Corporal Ouellette died on In giving his life to protect our free- March 22, 2009, as a result of injuries doms, Michael personified our greatest sustained from an improvised explosive attributes as citizens. His hard work NOMINATION OF CHRISTOPHER R. and dedication was paramount to his device while on foot patrol in the HILL TO BE AMBASSADOR TO unit’s success and places him among Helmand Province of Afghanistan. An- IRAQ the great heroes and citizens our state other marine was killed in the attack has known. Michael was regularly rec- Mr. REID. Mr. President, I ask unan- and two others were injured. ognized for his courageous actions in imous consent that the Senate proceed Corporal Ouellette graduated from Afghanistan and Iraq, receiving the Af- to executive session to consider Cal- Memorial High School in Manchester ghanistan Campaign Medal, Combat endar No. 43, the nomination of Chris- in 1999. He joined the Marines in June Action Ribbon, the Global War on Ter- topher R. Hill, to be Ambassador to 2005 and was trained as an infantry- rorism Expeditionary Medal, the Glob- Iraq. man. He served two terms in Iraq, deal War on Terrorism Service Medal, the The assistant legislative clerk read ploying there in March 2006 and again the nomination of Christopher R. Hill, Sea Service Deployment Ribbon, the in July 2007. He began his third tour Iraq Campaign Medal, and the National of Rhode Island, to be Ambassador Ex- overseas when he deployed to Afghani- traordinary and Plenipotentiary of the Defense Service Medal. He will always stan in November 2008. Ouellette was be remembered for his courage, kind- United States of America to the Repub- assigned to the 3rd Battalion, 8th Ma- lic of Iraq. ness, and unwavering devotion. rine Regiment, 2nd Marine Division, II My thoughts, condolences, and pray- CLOTURE MOTION Marine Expeditionary Force out of ers go out to Michael’s family. I offer Mr. REID. Mr. President, I send a Camp Lejeune, NC. them my deepest sympathies and cloture motion to the desk. Corporal Ouellette served with honor heartfelt thanks for Michael’s service. The PRESIDING OFFICER. The clo- and distinction throughout his highly We will keep his memory alive know- ture motion having been presented decorated military career. He received ing that his efforts have made us safer under rule XXII, the Chair directs the a number of awards for his duty, in- and have preserved the liberties we clerk to read the motion. cluding the Afghanistan Campaign enjoy every day. God Bless Michael The assistant legislative clerk read Medal, the Combat Action Ribbon, the Ouellette. as follows: Global War on Terrorism Expedi- f CLOTURE MOTION tionary Medal, the Global War on Ter- We, the undersigned Senators, in accord- rorism Service Medal, the Sea Service 60TH ANNIVERSARY OF THE ance with the provisions of rule XXII of the Deployment Ribbon, the Iraq Campaign NORTH ATLANTIC TREATY OR- Standing Rules of the Senate, hereby move Medal, and the National Defense Serv- GANIZATION to bring to a close debate on the nomination ice Medal. Ms. MIKULSKI. Mr. President. I wish of Christopher R. Hill, of Rhode Island, to be New Hampshire is proud of Corporal today to recognize the 60th anniversary Ambassador to the Republic of Iraq. Oullette’s service to and sacrifice for of the creation of the North Atlantic Harry Reid, John F. Kerry, Richard Dur- our country. He, and the thousands of bin, Charles E. Schumer, Jon Tester, Treaty Organization. Tom Udall, Dianne Feinstein, Edward brave men and women of the U.S. Sixty years ago this April, NATO was E. Kaufman, Mark Begich, Frank R. Armed Forces serving today, deserve created to ensure the freedom and se- Lautenberg, Bill Nelson, Sheldon America’s highest honor and recogni- curity of western nations in the after- Whitehouse, Jack Reed, Bernard Sand- tion. math of the Second World War. Since

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.155 S02APPT1 rfrederick on PROD1PC67 with SENATE S4302 CONGRESSIONAL RECORD — SENATE April 2, 2009 then, it has evolved into the most com- are asking for the support of the We ask that you consider an international, prehensive international security orga- United States, including a policy that multilateral strategy that would compel the nization the world has ever known and does not ‘‘sacrifice the moral leader- regime to open itself to its own people by has become a reliable cornerstone of ship of the United States in the face of freeing the political prisoners, restoring the civil rights of the Cuban people and orga- America’s national security. commercial temptations.’’ nizing free elections with international su- As many of my Senate colleagues Though Cubans have suffered oppres- pervision. Such a policy would reinforce and know, I was an active proponent of sion under the Castro regime for more strengthen the work of many groups of Cu- NATO expansion in 1999 and again in than 50 years, this is an especially ap- bans dedicated to the peaceful political 2004. For me, the debate over whether propriate time to raise awareness of change. to expand NATO had deep personal res- the ongoing plight of the Cuban people. This movement for change seeks to peace- onance. For many of the countries as- In recent weeks, the Cuban regime has fully and deeply transform the political piring to join NATO at that time, free- tightened its grip on the reins of power scene of Cuba. We invite you to not sacrifice the moral dom did not come to every nation in and installed hard-line military offi- leadership of the United States in the face of Europe at the end of the Second World cers in top government posts. Iron- commercial temptations. Your presidency is War. For those countries caught behind ically, at a time with increasing har- a tribute to everything that can be con- the Iron Curtain, the end of the Second assment and imprisonments taking quered when a cause is just and correct. We World War marked the beginning of a place in Cuba, there are efforts within dedicate our lives to the movement for the long struggle for freedom and democ- this Congress to adjust U.S. policy in a freedom of Cuba and expect—one day—to racy. Even after the Iron Curtain fell, way that would essentially reward the have a democratically-elected Cuban presi- their freedom and security was not en- Cuban regime. dent who would welcome you to Havana. Before any Member of this body or Do not forget us. We need your support. sured. For many of those countries, We, too, ‘‘have a dream’’ of freedom. joining NATO in the expansion rounds the President considers loosening the Attentively, in 1999 and 2004 provided true security sanctions we have on Cuba, I commend 1. Jorge Luis Garcıá Pe´rez ‘‘Antu´ nez’’, Pre- for the first time. the following letter to their reading: sidio Polı´tico Pedro Luis Boitel For me, growing up as a Polish The material follows: 2. Ne´stor Rodrı´guez Lobaina, Movimiento Cubano de Jo´ venes por la Democracia, La American in east Baltimore, I learned [Informal Translation] Habana about the burning of Warsaw. I knew DEAR PRESIDENT OBAMA, Your election is a about the occupation of Poland by the 3. Rolando Rodrı´guez Lobaina, Alianza formidable symbol of what civic determina- Democra´ tica Oriental, Guanta´ namo Nazis. I learned about the burning of tion can do to institute transcendental so- 4. Idania Ya´ nez Contreras, Coalicio´ n Cen- Warsaw at the end of World War II, cial and political change. By assuming and tral Opositora, Villa Clara when the Germans burned it because of conducting your important Presidential du- 5. Juan Carlos Gonza´ lez Leiva, Consejo de the Warsaw uprising, Soviet troops ties, you honor the millions of Americans Relatores de Derechos Humanos, La Habana stood on the other side of the Vistula who have fought for liberty, social justice, 6. Iris Pe´rez Aguilera, Movimiento River and watched it burn. I learned civil rights and human dignity. Feminista de Derecho Civiles Rosa Parks, In Cuba, there is a movement representing Villa Clara about the Katyn massacre, where Rus- a broad racial and religious spectrum, sians murdered more than 4,000 mili- 7. Alejandro Tur Valladares, Jagua Press, formed by women, men, workers, and young Cienfuegos tary officers and intellectuals in the people that—despite being the object of ter- 8. Ana Margarita Perdigo´ n Brito, Presidio Katyn Forest at the start of the Second rible repression by the regime in power—is Polı´tico Pedro Luis Boitel, Sancti Spiritus World War, so there would not be an in- conducting a peaceful civic struggle for de- 9. Joaquıń Cabezas de Leo´ n, Movimiento tellectual force in Poland, ever, to lead mocracy and human rights. Cubano Reflexio´ n, Villa Clara Our movement includes the desire for it to democracy. I learned that these 10. Ricardo Pupo Sierra, Plantados hasta la CHANGE by thousands of Cubans who have Libertad y la Democracia, Cienfuegos terrible events must never be per- defied the repression, the intimidation and 11. Enyor Dıáz Allen, Movimiento Cubano mitted again. When the Senate voted have overcome the fear to sign their names de Jo´ venes por la Democracia, Guanta´ namo to ratify the accession of Poland, the in petitions for constitutional reforms and 12. Cristia´ n Toranzo, Movimiento Cubano academic freedom. Thousands more have re- Czech Republic, and Hungary into de Jo´ venes por la Democracia, Holguıń fused to join in the attacks or ‘‘actos de NATO, I knew that Poland could fi- 13. Marta Dıáz Rondo´ n, Movimiento repudio’’ ordered by the political police nally emerge from the shadow of the Feminista de Derecho Civiles Rosa Parks, against those who aspire for peaceful polit- Cold War to join the family of Western Holguıń ical change. We are sustained by the inspira- nations. 14. Margarito Broche Espinosa, Consejo de tion of the more than 1.4 million Cubans that Relatores de Derechos Humanos de Cuba, In the 60 years since it was created, boycotted the elections of a single party and Villa Clara NATO has been an unprecedented suc- candidate organized by the regime in Janu- 15. Marıá de la Caridad Noa Gonza´ lez, cess in deterring conflict and pro- ary and February 2008. Every day, in subtle Comisio´ n de Derechos Humanos y moting peace and stability. To remain and not so subtle ways, in visible and invis- Reconciliacio´ n Familiar, Villa Clara ible ways, the Cuban people increasingly relevant and successful in the future, 16. Virgilio Mantilla Arango, Fundacio´ n deny their support to the regime in power NATO must keep its doors open to Cubana de Derechos Humanos, Camagu¨ ey through acts of civil disobedience. those European democracies ready to 17. Yorledis Duvalo´ n Gibert, Movimiento A great majority of Cubans, including bear the responsibilities, as well as the Cubano de Jo´ venes por la Democracia, many within the government, yearn for deep Santiago de Cuba burdens, of membership. We must all democratic changes in Cuba. remember that for many nations that The great example of the civil rights move- f have been occupied and oppressed over ment in the United States is a ray of hope COMMISSION OF INQUIRY the last 100 years, NATO represents an that the full dignity of every Cuban will be institution that will guard against a restored. We want to determine our future Mr. LEAHY. Mr. President, since I repeat of the despicable and inhumane through democratic means. last came to the floor to discuss a pro- practices of the old century. It is our understanding that your adminis- posal for a Commission of Inquiry, tration will redirect the policy of the United f Americans have learned disturbing new States on Cuba and the regime. We ask that facts that underscore the need for such you do not put commercial considerations LETTER TO PRESIDENT OBAMA a nonpartisan review. In the last 8 FROM CUBAN PATRIOTS ahead of political freedom for our people. The regime’s repression has increased con- years, expansive views of Presidential Mr. MARTINEZ. Mr. President, I siderably during the last year, and the mili- authority and misguided policies have wish to share with my colleagues a re- tarization at high levels of government is a dominated the question of how best to cent letter from 17 courageous activists clear signal of the government’s lack of will preserve and protect national security. within Cuba who are calling for democ- to initiate real changes. Today, hundreds of As Senators, we each take an oath to racy for their country. These individ- political prisoners languish in terrible condi- ‘‘support and defend the Constitution uals represent peaceful local move- tions in Castro’s jails. Their only crime has of the United States.’’ In the months been to fight for the same freedoms that ments across the nation. They rep- Americans such as Abraham Lincoln and Dr. and years following 9/11, driven by an resent Cuba’s future more than the Martin Luther King, Jr. gave their lives for. inflated view of executive power, the aged military elite now ruling that Have no doubt Mr. President Obama that Bush-Cheney administration com- country alongside Raul Castro. They their fight is our fight now. promised many of the very laws and

VerDate Nov 24 2008 07:55 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.063 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4303 protections that are the heart of our the plan that authorized these meas- harsh interrogation tactics, extraor- democracy. Their policies, which con- ures, including waterboarding. In fact dinary rendition and executive over- doned torture, extraordinary ren- he continues to claim, without any ride of the laws, the last administra- ditions, and the warrantless wire- basis, that the Bush administration’s tion successfully kept many of us in tapping of Americans, have left a stain interrogation tactics, including tor- the dark about what happened and who on America’s reputation in the world. ture, were appropriate and effective. ordered it. In recent weeks, we have also seen a This past Sunday, a Washington Post One month ago, the Judiciary Com- few more opinions previously issued by article described how the waterboard- mittee held a hearing to explore my the Office of Legal Counsel after 9/11 ing of Abu Zubaida failed to produce proposal. A bipartisan panel of re- that had been kept secret until now. I any useful intelligence. Of course, spected witnesses explained why we commend the new Attorney General on Zubaida is a detainee who many Bush need such a commission. Since that their release. I have asked that more administration officials had long time, this idea has received a wide be released, and it is my hope that they claimed provided useful intelligence range of support from people all across will be soon. These opinions sought to only after he was subjected to harsh in- this country. I am not interested in a excuse policies that trample upon the terrogation techniques. According to panel comprised of partisans intent on Constitution and our duly enacted Post interviews of former senior gov- advancing partisan conclusions. I re- legal protections. These opinions arise ernment officials, ‘‘not a single signifi- gret that Senate Republicans have ap- from an arrogant rationale that the cant plot was foiled as a result of Abu proached this matter to date as par- President can do anything he wants to Zubaida’s tortured confessions . . . tisans. That was not my intent or do, that the President is above the law. Nearly all of the leads attained focus. Indeed, it will take bipartisan The last President to make that claim through the harsh measures quickly support in order to move this forward. was Richard Nixon. We saw the results evaporated, while most of the useful in- of that policy in Watergate. It was formation from Abu Zubaida . . . was I continue to talk about this prospect through efforts like the Church Com- obtained before waterboarding was in- with others in Congress, and with out- mittee that we revised our laws and troduced.’’ side groups and experts. I continue to moved forward. In my view, it is time Jack Goldsmith refers to the August call on Republicans to recognize that to do so again. 2002 ‘‘Bybee memo’’ as the ‘‘golden this is not about partisan politics. It is Perhaps the most persuasive new rev- shield,’’ because it redefined torture in about being honest with ourselves as a elation that demonstrates why we can- order to shield decisionmakers from li- country. We need to move forward to- not just turn the page without reading ability for these tactics. The release of gether. it is Mark Danner’s account of a leaked related memos is needed. Whether they I recently heard from the Nobel Prize copy of a report on the treatment of end up shielding decisionmakers from recipient Bishop Desmond Tutu about detainees at Guantanamo Bay. The re- prosecution, they should not shield this proposal. Bishop Tutu, respected port, compiled by the International them from accountability. Account- throughout the world for his efforts for Committee of the Red Cross, is nothing ability does not only happen in a court- peace and justice in his own country of short of chilling. One detainee inter- room. We need to know what was done. South Africa, offered his support for viewed describes: ‘‘Two black wooden Transparency and accountability can what we are trying to do. boxes were brought into the room out- help restore our reputation around the The legacy of the last administration side my cell. One was tall, slightly world. Most importantly, to reestablish left us facing crises in more areas than higher than me and narrow .The other the trust of the American public in just the economy, the wars in Iraq and was shorter, perhaps only [31⁄2 feet] in their government, they deserve to Afghanistan, and the worst recession height. I was taken out of my cell and know and understand what happened. since the Great Depression. There is no one of the interrogators wrapped a Just last week, we heard about the question that those are all pressing towel around my neck, they then used Bush administration’s attempt to si- issues. But we cannot ignore the fail- it to swing me around and smash me lence Binyam Mohammed, a British ures of government forever. We do so at repeatedly against the hard walls of citizen held for years as an enemy com- our peril. the room. . . . I was then put into the batant at the detention facility at tall black box for what I think was Guantanamo Bay. He claims that he We are tackling tough issues in these about one and a half to two hours. . . . was tortured during the course of his difficult and uncertain times. The Ju- They put a cloth or cover over the out- detention. Bush administration offi- diciary Committee has a full legisla- side of the box to cut out the light and cials apparently demanded that he sign tive agenda, having reported bipartisan restrict my air supply. It was difficult a secret plea bargain which would have legislation to fight fraud, public cor- to breathe.’’ prohibited him from ever suing the ruption and to aid the economy The report continues to describe how United States over his alleged torture through patent reform. But the fact re- these men were kept naked, shackled in order to be sent back to the United mains that under the most remarkably to a chair for weeks in freezing cold Kingdom. He did not and now Britain is broad expansion of executive authority temperatures, forced with cold water investigating his allegations. When in my lifetime, we have seen policies to stay awake for days on end, asked about the involvement of a par- on detention and interrogation that bombarded with loud music, starved, ticular British intelligence agent, Mr. undermined our values, our reputation and beaten over and over again. In one Mohammed said, ‘‘I feel very strongly and, many believe, our efforts to en- interview, a man describes how he was that we shouldn’t scapegoat the little sure national security. waterboarded: He was ‘‘dragged from people. We certainly shouldn’t blame The country will need to have an the small box, unable to walk properly ‘Witness B,’ he was only following or- honest discourse about what happened and put on what looked like a hospital ders.’’ and what went wrong. I continue to bed, and strapped down very tightly One of my concerns in proposing the feel strongly that a Commission of In- with belts.’’ As they poured water on Commission of Inquiry is that we not quiry would provide us the best non- him, he said ‘‘I struggled against the scapegoat or punish those of lesser partisan setting in which to undertake straps, trying to breathe, but it was rank. Such a commission’s objective that study and national conversation. I hopeless. I thought I was going to die.’’ would be to find the truth to provide think we should proceed sooner rather The report concludes that from those accountability for the past. People than later. I am continuing to reach descriptions, this was torture. And would be invited to come forward and out and to work on the proposal. But a there is mounting evidence to suggest share their knowledge and experiences, conversation is not something I can it was a Bush administration policy. not for purposes of constructing crimi- undertake unilaterally. As strongly as Media reports suggest that the CIA nal indictments, but to assemble the I feel, it will take the cooperation and briefed high-level administration offi- facts, to know what happened and to commitment of others for this proposal cials on the interrogation plan. Vice make sure mistakes are not repeated. to serve its intended purpose so that President Cheney admitted in an inter- We have had successful oversight in we can join together to move past the view with ABC News that he supported some areas, but on issues including mistakes of the recent past.

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.032 S02APPT1 rfrederick on PROD1PC67 with SENATE S4304 CONGRESSIONAL RECORD — SENATE April 2, 2009 RECOGNIZING HOSTELLING rest and imprisonment were politically solutions that last beyond today. I ask INTERNATIONAL USA motivated. As reported by the Econo- unanimous consent to have today’s let- Mr. UDALL of New Mexico. Mr. mist, Igor Shuvalov, First Deputy ters printed in the RECORD. President, today I wish to recognize Prime Minister of Russia, admitted There being no objection, the mate- Hostelling International USA for 75 that Khodorkovsky was in a Siberian rial was ordered to be printed in the years of service to intercultural under- prison camp ‘‘for political reasons.’’ He RECORD, as follows: standing and youth travel. added that ‘‘Once you behead someone, Due to the price of gas, my husband might get laid off. He shuttles the railroad employ- Since 1934, Hostelling International you give a good example (to other Rus- sian tycoons) of how to behave.’’ In ees around Idaho. At this time I do not have USA has hosted 22 million visitors in a job due to being laid off from St. Al’s, so its 70 hostels across the country. These other words, freedom for Russia’s busi- nessmen is determined by the Krem- gas prices have and will continue to affect visitors came from across the country our family until something is done about it! lin’s political expediency. As reported and around the world. Hostels made SARAH. their trips affordable and gave them by The Washington Post and the Bos- the opportunity to see more of our ton Globe, Shuvalov has called the In short, the fuel prices are making small trial and continued imprisonment of farming extremely difficult. I have been re- country. My State of New Mexico is tired for seven years, and have a small farm the proud home of 10 hostels that give Khodorkovsky a ‘‘showflogging’’ intended to serve as an example to others to help supplement our income. I have empa- visitors the opportunity to see our thy for all citizens in this fine country who beautiful landscape and experience our on the political consequences of chal- are struggling. The time is far spent; our re- unique culture. lenging the Kremlin’s economic ambi- sources need to be utilized now. The environ- HI-USA works because of the many tions. mental hacks and the tree huggers as well as The current charges against volunteers who help educate travelers, the nuke protestors [have caused harm to Khodorkovsky amount to legal find sites for new hostels, and promote our country]. America is hurting because of hooliganism and highlight the petty political gaming. My grandchildren desire to youth travel. meanness of the senior government of- see my wife and me; however, we can no Please join me in celebrating 75 years ficials behind this travesty of jus- longer afford the fuel for long trips. I am of Hostelling International USA. tice.The charges and verdicts have thankful for being able to plant two gardens f with intentions of helping less fortunate been inexplicable to Russian and West- with food items as they struggle to make DENOUNCING THE IMPRISONMENT ern lawyers, leading international or- ends meet. I have discontinued use of any OF MIKHAIL KHODORKOVSKY ganizations, courts, and human rights recreational outings to help stave off the dis- groups to condemn the trial as politi- comfort of tight budgets. A sad commentary Mr. CARDIN. Mr. President, last Oc- cally inspired. The second set of after working and saving for over 45 years, tober marked the fifth anniversary of charges against Khodorkovsky should and this is the kind of retirement that has the arrest of Mikhail Khodorkovsky, be dropped and the new trial should be been foisted upon millions of us seniors. the former head of Yukos, Russia’s abandoned. RALPH, Mountain Home. largest oil company. The Council of I strongly support President Obama’s Europe, Freedom House, and Amnesty Thank you for asking: Here is the data—I call to reset the U.S.-Russian relation- spend $85 a week or $340 a month driving to International, among others, have con- ship and welcome the statement that work. I spend an equal amount for health cluded he was charged and imprisoned emerged from his meeting in London care; or that amounts to two paychecks in a in a process that did not follow the rule with Russian President Medvedev. We month leaving me and family two paychecks of law and was politically influenced. have many common interests with for food and housing. Simple math makes This miscarriage of justice in 2003 is Russia and must seek to improve the one question—in whose interests are our significant because it was one of the atmosophere and substance of our ties elected leaders working? FLOYD, Pocatello. early signs that Russia was retreating with Moscow. But the Helsinki process from democratic values and the rule of is predicated on the idea that domestic When we talk about energy, most people law. politics and inter-state relations are think of two things; Gasoline and the power Last month, Russian authorities de- linked. I hope that President and gas for their homes. When I hear you cided to go to trial with a second set of Medvedev, a trained jurist from whom politicians talk about weaning ourselves off charges first introduced in 2007 when many hope to see evidence of a reform- of fossil fuels, it makes me cringe. How far Khodorkovsky was to become eligible ist approach, will make that connec- are from having the technology to produce electric engines that will fly an airplane and for parole. Despite credible reports tion. The case of Mikhail Khodorsky is that he was a model prisoner, parole what will it cost to produce them? Right now a good place to start. we are at least 50 years from become free of was denied on apparently flimsy and f fossil fuels unless I am not up to speed on contrived technical grounds. Yet the things, (which is possible). Let us not forget Russian judiciary recently saw fit to IDAHOANS SPEAK OUT ON HIGH also all the other petroleum-based products grant parole to Colonel Yuri Budanov, ENERGY PRICES we use in our everyday lives. Plastics, foam, who was serving a sentence for raping Mr. CRAPO. Mr. President, in mid- etc., are all going to still be wanted and they and murdering a Chechen girl. I would June, I asked Idahoans to share with are also going up in price. I like where you also like to note that it was Stanislav me how high energy prices are affect- stand on nuclear energy, but until we can Markelov, a courageous attorney who ing their lives, and they responded by quiet the environmental extremists on this point, we will not soon get there. As long as was instrumental in putting Budanov the hundreds. The stories, numbering this country is held hostage by special inter- behind bars. But Budanov is now free well over 1,200, are heartbreaking and est environmental groups we will continue to and Markelov was gunned down, along touching. While energy prices have slide economically. I hope [conservatives with Anastasia Baburova a journalist dropped in recent weeks, the concerns have not] moved so far left already to start for Russia’s premier independent news- expressed remain very relevant. To re- curbing some of this. paper Novaya Gazeta, in broad daylight spect the efforts of those who took the My husband and I live in Oakley, which is in central Moscow last January. The opportunity to share their thoughts, I a small farming community located 20 miles from the nearest town of Burley. Our farm- message this sends is loud and clear am submitting every e-mail sent to me ers are getting hit extremely hard due to the and profoundly disturbing. through an address set up specifically cost of diesel, which also raises the cost of Based on the observations of many for this purpose to the CONGRESSIONAL shipping. We owned a trucking company that independent international lawyers and RECORD. This is not an issue that will we were forced to close due to the rising organizations, there was no compelling be easily resolved, but it is one that de- costs of fuel. My husband is also a disabled evidence that Khodorkovsky or any of serves immediate and serious atten- Viet Nam veteran and must drive to the VA his associates were guilty of the crimes tion, and Idahoans deserve to be heard. hospital every week for various treatments. for which they were originally charged Their stories not only detail their That is a distance of 200 miles. Since we are on a very small fixed income, we are soon or that the legal process reflected the struggles to meet everyday expenses, going to be unable to afford to pay our basic rule of law or international standards but also have suggestions and rec- living expenses. Our elderly parents live on of justice. Even Russian officials have ommendations as to what Congress can the coast, and we have had to cancel all acknowledged that Khodorkovsky’s ar- do now to tackle this problem and find plans to visit them this summer. Please stop

VerDate Nov 24 2008 07:55 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.058 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4305 this runaway inflation. I am in favor of using We also need to release all the energy al- else. To do any serious shopping we have to domestic energy sources but congress has ternatives that oil companies have been go into Caldwell or Nampa or Boise, at a cost been ignoring it. It will soon be too late for withholding from this country to continue of over $50 for one trip. We do not go shop- most of us. [their] stranglehold on the United States for ping often and paying for the gas makes it so UNSIGNED. their profits. This would allow us to relin- expensive we have to cut down on other pur- quish our addiction to foreign oil and chases. We are eating a lot of beans and Yes, I am spending more on gas this year. strengthen our economy, rather than mak- cornbread, grinding our own wheat and rais- Yet, I believe we need to put more of our ing continually throwing money at our ening a garden because I cannot afford both government money into conservation and al- emies. Then and only then can we become fuel and food for my little family. ternative energies not increasing energy ex- the Land of the Free and Home of the Brave What’s going to happen this winter? Where ploitation in the U.S. We have the tech- once again. are the programs for underwriting the cost nology and the innovation as Americans to Just my opinion, Thank you for your time of propane and natural gas? How about help- be creative about this problem. I would love and allowing me to vent these ideas to you. ing with the purchase of wood? Have you a tax break to purchase a hybrid vehicle or JEFF, Nampa. considered a quick program that would insu- a vehicle that uses biodiesel. Please rep- late the homes, or help purchase new win- resent us well and keep our pristine, beau- My wife and I like many Idahoans and dows and doors? tiful environment in Idaho and the coastal Americans are feeling the pinch with energy There is a new solar energy development U.S. any further. costs rising. There are many issues that at- from NanoSolar that no one will make avail- JENNIFER, Victor. tribute to the problem and I feel helpless as able to homeowners. We could have solar an individual that any of these issues will be power for a few cents a foot on our roofs. My husband is a dentist and earns a good resolved but we must try, we have no alter- Solar is free and clean, unlike the deadly op- living, but we have felt a need to curtail our natives but to try. If I could prioritize a list tion like nuclear power. If we do not know usual driving habits because of fuel prices. of things that I feel we should to do help im- how to take care of the garbage from nu- My husband drives a diesel pickup to and mediately relieve some of the pain, I would clear, then we should not have nuclear power from work and we also use it to pull our say do the following in order of priority: in the first place. boat. He has been considering buying a (1) Stop the big oil companies from getting If action is not taken in a big way to save scooter/m.bike to ride because of the high so much profit by putting controls on their what we have and get into renewable power, diesel price, but I really do not want him profits and not help them get such big prof- the country is not going to survive and this crossing busy roads on a vehicle that is hard- its; winter will be deadly. er for another driver to see. I have curtailed (2) Use domestic energy sources; ANN, Parma. my trips to town which cuts down on my (3) Nuclear power; and (4) Renewable and alternative sources of consumerism. Not a bad idea, but it will I first want to thank Mike Crapo for tak- energy. likely be what others are doing which is not ing an interest in what we the people are good for the local economy. Our own dental Now the number one priority in my opinion will be the toughest because I believe worried about. Finally, someone in our gov- practice feels the crunch of conservative ernment that is listening to the people and spending. Our grown children that live away like so many other Americans that most government officials will not allow this to their concerns. I hope that these concerns do from this area are cutting back on their vis- not fall on deaf ears and can promise each of its. I do not like not being able to see my happen either because of special interest or under the table money they are receiving you if they do, you will not remain in office grandchildren as often. Higher gas prices long. We as Americans will not tolerate limits the lifestyle of everyone. We are so from big oil companies. The problem is our government officials are doing nothing ille- being ignored. spread out in this country that it is an in- I work in a hospital and help people in vestment to go anywhere. Let us get drill- gal in most cases because it is not against the law for special interest groups to con- need every day by using my field of exper- ing!!! tise. (I expect the same from our government RENEE, Twin Falls. tribute to or otherwise [provide a political benefit to their supporters]. As long as this representation.) However when I see people holding off until they have no choice but to I am in the insurance business and use my is going on, our rising energy problems will come in for major medical issues because of vehicle for work. The high fuel prices are never be solved. We need to get this under financial concerns and when I see many who really eating into my margins and are mak- control otherwise the big oil companies will die because they did not get help soon ing it increasingly hard to stay on top of my pillage us Americans as long as they can. enough, I feel it time for someone to stand personal and business finances. The way I see Other obvious fixes are to use domestic en- up for them and say enough is enough. It is it is we need to: First, increase our refinery ergy sources and nuclear power as much as time for a change. capacity. Build new refineries. Second, in- possible. But as long as the oil companies have free reign, our skyrocketing energy I do not make a ton of money but know crease drilling for more crude. But this will that I am in much better shape than those not help until we have the refinery capacity costs will never get under control. We need who work so hard in housekeeping, mainte- to process it. Third build nuclear power to pass laws against extreme profits and nance, and other lower paying areas in our plants for inexpensive electricity. against allowing big oil companies to lobby Of course, all of the above are extremely our Senators and Congreesman. hospital. I feel the crunch pretty hard with five kids, a mortgage and such and have difficult with the left wing environmental- DIRCK and CINDY. ists fighting us but somehow we have got to tried not to drive but walk or ride my bike get it done! I am just not sure alternative Promoting the transition to a hydrogen when I can. However, with the winters, we fuels are the answer because of the cost of economy (fuel cell-powered cars) benefits have and the distance we have to travel in production. Idaho in two ways: (1) It reduces our depend- our great state, this is often not possible. So I have to drive. When I get down to a half a KENT, Paul. ence on oil and (2) It will fuel the expansion of Idaho National Lab’s nuclear research ef- tank of fuel, I fill up. Why? Well, it costs me I have supported you because you have al- forts. The two best contenders to replace fos- $72 for a half a tank of diesel and I fear that ways listened and tried your best to solve sil fuels are batteries or fuel cells. Fuel cells I would have a stroke on the spot if I had to the problems of all of your constituents. Now are more compact and better suited for cars, fill it from empty. That gentleman is ridicu- you ask for stories about how the high price but energy to charge a car battery is much lous! I cannot even imagine how those in of oil has affected Idaho families. I would more readily available. lower-paying jobs can even make it! When I like to give you rather than a story is a solu- The Next Generation Nuclear Plant go to the store and see food prices I am again tion, albeit a simple-minded one. (NGNP) being developed at INL (among other appalled at what is happening. When I buy As gasoline prices keep racing towards $5 national labs) will produce hydrogen at low clothing, still again I am shocked at the per gallon, I think it is time to rethink some cost with no carbon emissions. By promoting staggering prices. Everything seems to be of our policies. OPEC feels it has a strangle- the growth of the hydrogen economy, Con- going up but our wages. Now we do not have hold on the West and continues to tighten. gress will steer research in the direction of the best. We do not buy name brand. We have Now a real simplistic approach to this prob- NGNP as a replacement to current oil-de- tightened our belt, and there was not a lot of lem from a purely capitalist point of view rived hydrogen. fat to trim before that. Then we have tight- would be to look at what goods these coun- To make hydrogen viable, the government ened again. There is not much more to tight- tries cannot produce themselves and increase needs to make more hydrogen available. This en. And I would consider us to be a family in prices there until they feel the pressure to means subsidizing hydrogen ‘‘gas stations’’ a very modest home, with not much in the release oil at a more reasonable cost per bar- in high-commuter areas and pushing the way of extras and we have tried to keep our rel. You know it is supply versus demand. NGNP concept through DOE funding. Idaho debt to home and car (and never a new car). Last time I checked, they cannot grow is a big part of the solution, but the federal But with the price of fuel, both for cars and enough grain or other food products to sus- government needs to start tapping its valu- home, things are getting out of hand in a tain life in that region and yet we continue able scientific resources now. hurry. Why? Greed and power through fear! to give away everything. I know this does AARON. Here is the deal. We sit on more oil then not breed friendship abroad but they are not OPEC. And yet we have closed at least three our friends anyway, they have proved that We live in Parma. There is nothing here, a refineries in the last ten years. We have time and again. little store and a gas station, but nothing never been able to refine oil as cleanly and

VerDate Nov 24 2008 07:55 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.165 S02APPT1 rfrederick on PROD1PC67 with SENATE S4306 CONGRESSIONAL RECORD — SENATE April 2, 2009 efficiently then we can now and yet our gov- Fuel reformulators would increase fuel 150TH ANNIVERSARY OF CARIBOU, ernment chooses not to build more refineries economy by as much 20% and decrease hy- MAINE and sink more oil wells. Supply and demand drocarbons in the atmosphere by at least ∑ still runs any business and yet if we were to 30%. A bridge over troubled waters? (If ev- Ms. COLLINS. Mr. President, it is increase supply, we could still make a eryone participated in this one, it would be with pride and gratitude that today I healthy profit. Enough to pay for the refin- like taking approximately 145,000,000 cars commemorate the 150th anniversary of eries in a hurry and to put more research and trucks off the highway nationally or Caribou, ME, which happens to be my into alternative fuels. Not to mention lower 175,000 in the state of Idaho alone!). Visit hometown. dramatically the prices not only at the www.forearthonline.com/EarthLink The early settlers of Caribou were pump, but everywhere else as well. We might Recycle materials and Vote for candidates brave, self-reliant pioneers who left the even start to help replenish our failing So- who are for the people, for the cause, for the cial security and pay down our national comfort and security of established earth! communities behind to make their own debt. Business sense is what we need in LARRY, Hailey. Washington. Reagan Economics that helps to way in the wilderness of northern build for the future, not run our great nation f Maine. I am proud that my ancestors, further into the ground. We do not need ADDITIONAL STATEMENTS led by Samuel Wilson Collins, were more taxes; we need more initiative in Wash- among that intrepid number, and ington. We need leaders that put the inter- grateful that for six generations my ests of the people first and the world second. REMEMBERING ANDREA MEAD family has been a part of this wonder- We need to use what we have while devel- ful community. oping new technology for the future. We need LAWRENCE I have great memories of growing up some good old fashion farm boy ‘‘fix it’’—live ∑ Mrs. BOXER. Mr. President, I ask my within your means, balance your own check- in Caribou, where my parents both book logic. Occam’s Razor says that ‘‘the colleagues to join me in reflecting on served as mayor, and where my broth- simplest answer is usually the best one’’. We the memory and deeds of a remarkable ers now run our fifth generation family do not need bickering and fighting; we need American, Andrea Mead Lawrence, who lumber business. I remember fondly cooperation. We do not need pork bellies and passed away March 31 in the town of starting the school year in August so hidden agendas; we need playing well in the Mammoth Lakes in Mono County. that we could take time off to pick po- sandbox. We do not need environmentalists Andrea was born in Vermont, where tatoes, working at the public library, dictating to us; we need people who look out she developed a life-long love of winter and the fun we had going to high for the environment while utilizing in the sports. At the age of 15, she partici- school basketball teams, especially best way we can, the resources that we have. We need to tap into the creative genius of a pated in the 1948 Winter Olympics in during the exciting 1969 State cham- nation that has continued to wow the world St. Moritz, Switzerland. In the 1952 pionship season. for over 200 years. We need God and we need Winter Olympics she won two Gold But more than anything, I remember to humble ourselves enough to see the other Medals in the Olympic Special and what it was like to grow up in a place person’s ideas for what they are, [accept] Giant Slalom races in Oslo, Norway. that had such a strong sense of commu- what we can use and build together the na- She also competed in the 1956 Olympics nity. We learned to care for our friends tion we have had in the past. It is time to in Cortina d’Ampezzo, Italy. She was and neighbors and to value our family put away selfishness and start working with inducted into the U.S. National Ski members. We learned to help those in each other toward a stronger more sound Hall of Fame in 1958 at the age of 25. In need. And Caribou’s farm and lumber America. roots taught us the importance of hard Remember that people cannot create and 1960, she was the torch lighter at the press forward when they can hear nothing Winter Olympics in Squaw Valley, CA. work. The lessons I learned growing up but their bellies growling and feel the dis- She remains the only American double- in Caribou have stayed with me my en- comfort of not having their physical needs Gold Medalist in Alpine Skiing. Addi- tire life and I know many others who met. It is when their physical needs are met tional honors and her love of winter would say the same. that they can concentrate on other higher This sesquicentennial year is a time creative thought processes. sports continued the rest of her life. In 1967, she moved to Mammoth to honor those who turned a remote Fuel has brought us down in a hurry of late settlement into a center of commerce, and is a great place to start to bring us back Lakes in California’s spectacularly up. Roll up your sleeves and get to work. beautiful Eastern Sierra, a place that education, arts and recreation. It is a Supply and demand is still what runs a busi- she fought to protect, for the rest of time to honor the valiant young men ness, and it seems that we have more than her life. Serving 16 years on the Mono who served in many wars, beginning enough supply of professional politicians, County Board of Supervisors, she with the Civil War, and who have risen saying one thing and doing another or just to our Nation’s defense ever since. worked tirelessly to protect and re- plain ignoring what we the people say, each It is a time to honor the people of store Mono Lake and as a member of of you know where that leads. Be the one to Caribou who celebrate each others’ stand shoulder to shoulder with those that the Great Basin Air Pollution Control joys and who share each others’ bur- have Americas best interest at heart and District, she saw that air pollution make a change for the better. We sure do dens. caused by the de-watering of Owens Mr. President, a couple of years ago, need it if we are to survive. Lake was reduced. She founded the An- STEVEN, Idaho Falls. the television host and author Larry drea Lawrence Institute for Mountains King asked me to contribute to a book Thank you for giving the people the oppor- and Rivers in 2003 to work for environ- he was compiling of short essays de- tunity to be involved. There is definitely a mental protection and economic vital- scribing an all-important lesson the need for concern about the energy crisis, ity in the region she loved so much. contributors learned growing up. I was economy and environmental impacts. These Last summer, she testified before the delighted by the request and had no problems are linked and have been around Mono County Board of Supervisors in for a long time. They are only going to get trouble recalling that defining mo- worse unless we take stronger action now. favor of the Eastern Sierra Wild Herit- ment. There is a solution for the crisis and there age Act, a bill that became law with One of my earliest childhood memo- always has been. The solution is to unite the the signature of President Barack ries is of being taken to the Caribou people for the cause. ‘‘For united we stand Obama, the day before she died. Andrea Memorial Day Parade by my Dad. A and divided we fall’’. knew that this legislation to protect decorated World War II veteran, with The following are topics that can imme- nearly 500,000 acres of her beloved East- the modesty characteristic of all who diately be addressed: (1) personal choices; (2) ern Sierra had become law. clean energy economy; (3) adoption of renew- serve our Nation in uniform, he would ables; (4) enhanced energy efficiencies; (5) in- Andrea Mead Lawrence passed away hoist me onto his shoulders so I could novative leadership. Visit surrounded by her children, Cortlandt, better see the parade. And what I was www.wecansolveit.org for more details. Matthew, Dierdre, Leslie and Quentin, able to see was the entire street lined My story is to get involved and encourage and leaves four grandchildren. She was by the people of Caribou, taking off others to get involved! We can start with 76 years old. Andrea had a remarkable their hats and putting their hands over personal choices by using products and tech- and wonderful life and she will be sore- their hearts as our flag went by, their nologies that enhance energy efficiencies such as light bulbs, water saving and effi- ly missed by all those who were fortu- eyes shining with pride in their coun- cient toilets, dishwashers, clothes washers, nate enough to know her. She leaves a try and with gratitude for those who moisture controlled sprinkler systems, bio- rich legacy that will continue to ben- serve her. A community that joins to- degradable products, etc. efit present and future generations.∑ gether to honor its past and to face its

VerDate Nov 24 2008 07:55 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.167 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4307 future that is Caribou. That is my The people of Maine, and especially Like many Western States, much of hometown. those at Bowdoin College, are proud of Idaho is made up of large swathes of Mr. President, I am proud of what Robert Peary and of all of those in- rural areas where it can be challenging the people of Caribou, ME, have accom- volved in his epic journey. I am pleased to provide the housing, infrastructure plished in building a great American to honor the anniversary of this his- and economic opportunities for those community. I am deeply grateful for toric occasion.∑ residents. Having grown up in the rural the many blessings that this commu- f community of Grandview, Mike nity has given me, and so many learned this firsthand. Raised by loving 20TH ANNIVERSARY OF THE others.∑ and civic-minded parents, Oscar and EITELJORG MUSEUM OF AMER- f Francis, he saw the work ethic and ICAN INDIANS AND WESTERN generosity that was demonstrated TRIBUTE TO ADMIRAL ROBERT ART PEARY within his own family and by his neigh- ∑ Mr. LUGAR. Mr. President, I am bors. It became a foundation he used as ∑ Ms. COLLINS. Mr. President, today I pleased to have this opportunity to rec- he built his career in extending the wish to commemorate the expedition ognize a hallmark event taking place helping hand of the State and Federal of ADM Robert Peary and his discovery this year in Indianapolis, IN—the 20th governments to Idahoans in our rural of the North Pole 100 years ago, on anniversary of the Eiteljorg Museum of areas. April 6, 1909. American Indians and Western Art. He started his work in this body, the While Robert Peary was born in The museum’s facility first opened U.S. Senate, where he served under Pennsylvania, he was educated in the its doors on June 24, 1989, and was one Senators Jim McClure and Larry Craig. State of Maine, at Bowdoin College in of the first cultural institutions to Mike worked with fellow Idahoans and Brunswick. He graduated in 1877. He take residence in White River State helped them sort out their difficulties lived in Portland and Fryeburg, and Park, which has in turn become a vi- with Federal agencies. Showing a deft built a home on Eagle Island, which is brant hub of recreational and cultural touch with people, he became the Idaho now a State park. activities in Indianapolis and greater A century ago, Admiral Peary and State director of USDA Rural Develop- central Indiana. A popular attraction ment and later the USDA Farm Service his men set sail for the North Pole in since its opening, the Eiteljorg Mu- Agency. In both roles, Mike naturally the Maine-built SS Roosevelt. They seum continues to thrive. Recently, in led and served Idaho’s many farmers sailed through the frigid, ice-laden 2005, it underwent an important expan- and ranchers, in part based on his days North Atlantic and froze the ship into sion that doubled its space by creating growing up and working with them. a bay off northern Ellesmere Island. a variety of new galleries, an education Mike then was appointed as a council After more than a month of dog sledg- center, a cafe´, and a resource center member to the Northwest Power Plan- ing over the moving sea ice covering and library. the Arctic Ocean, Admiral Peary, Mat- But it is not only its facility and its ning Council, where he worked to pro- thew Henson, and four Inughuit men existing collections that are to be vide an infrastructure for reliable and stood at the northernmost place on lauded, for the Eiteljorg is also ac- cost effective power that would reach Earth—the sea ice that marked the tively engaged in supporting new gen- many areas of Idaho. He also dealt with North Pole. erations of artists and their work. This natural resource issues that impacted Peary’s success had come after a is perhaps best highlighted through the the livelihood of many in the rural number of previous failures and lessons museum’s Eiteljorg Fellowship for Na- parts of our State. learned. Nations had competed to get tive American Fine Art and its artists- From there, he returned as the head there; countless men had suffered try- in-residence program. of the USDA Rural Development ing to do so, and some had even per- In honor of this year’s special anni- IDAHO, where he has served over the ished. versary occasion, the museum has past 8 years. In that capacity he has The story of Robert Peary, his expe- planned a series of events for its pa- used his optimism and good nature to ditions, and his attainment of reaching trons and the community. The festivi- lead and motivate a team that has the North Pole is a celebration of the ties officially began last month, on brought hundreds of millions of dollars triumph of leadership, creativity and March 14, 2008, when the new ‘‘Facing in improvements to our State. He ingenuity. West: Celebrating 20 Years of the oversaw many positive changes in Though traveling there has become Eiteljorg Museum’’ exhibition was un- housing, drinking water and jobs significantly easier than it was in 1909, veiled during a special opening day throughout our rural areas. Mike built the North Pole remains a destination celebration. Celebratory events will a strong trust between the different for scientists. The fact is, however, the continue throughout this summer and levels of government, tribes and agen- North Pole of today is not the same fall, however, and will include a lecture cies as he worked to improving the North Pole that Admiral Peary discov- series, festival days at the museum and quality of life for rural Idahoans. ered. The thick, multiyear sea ice that the holding of an anniversary gala I cannot imagine what Idaho, and Admiral Peary encountered has dis- later this month. particularly its rural areas, would look appeared. In the last 30 years, the Arc- Like so many of my fellow Hoosiers, like today without the efforts of Mike tic has lost sea ice cover over an area I take pride in the Eiteljorg’s presence Field. Together, with his wife Debbie, ten times as large as the State of in our State and am thankful for its they have greatly improved the lives of Maine, and at this rate the Arctic continued commitment to its mission: Idahoans with their dedicated public Ocean will be ice free by 2050. Global ‘‘to inspire an appreciation and under- service. climate change is one of the most sig- standing of the art, history and cul- I congratulate Mike for his many nificant environmental challenges fac- tures of the American West and the in- years of outstanding leadership and ing our country, and it has renewed digenous peoples of North America.’’ In service to his fellow Idahoans.∑ scientific interest in the North Pole. the actualization of this mission, the f Today, visitors to the Peary-Mac- Eiteljorg has reached a wide patronage TRIBUTE TO AL SCHOCK Millan Arctic Museum at Bowdoin Col- of both local residents and visitors lege can learn more about Admiral alike who have come to this unique and ∑ Mr. THUNE. Mr. President, today I Peary’s historic journey to the top of inspiring facility to take advantage of wish to honor Al Schock of Sioux the Earth. In special recognition of the its wonderful offerings.∑ Falls, SD, for his years of extraor- 100th anniversary of the expedition, the f dinary service to his community as a museum has brought together an im- member of the Downtown Lions Club. pressive collection of objects that were TRIBUTE TO MIKE FIELD Mayor Dave Munson of Sioux Falls will at the North Pole on April 6, 1909, in- ∑ Mr. RISCH. Mr. President, I want to be recognizing his lifetime of accom- cluding an American flag that flew at talk for a moment about Mike Field, a plishments by proclaiming April 14, the pole on that day, a page from his man whose public service has done 2009, to be Al Schock, Lion King Day. diary where he reflects on his accom- much to improve the quality of life for Al Schock has been a dedicated mem- plishment, and one of his sledges. people in our home State of Idaho. ber of the Downtown Lions Club since

VerDate Nov 24 2008 07:55 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.040 S02APPT1 rfrederick on PROD1PC67 with SENATE S4308 CONGRESSIONAL RECORD — SENATE April 2, 2009 1949 and has worked to promote its hu- H.R. 1664. An act to amend the executive dling Requirements’’ ((Docket No. AMS–FV– manitarian mission of improving lives compensation provisions of the Emergency 08–0106)(FV09–925–1 IFR)) received in the Of- and communities around the world. He Economic Stabilization Act of 2008 to pro- fice of the President of the Senate on March has served in almost every capacity hibit unreasonable and excessive compensa- 30, 2009; to the Committee on Agriculture, tion and compensation not based on perform- Nutrition, and Forestry. possible, including club president, dis- ance standards. EC–1175. A communication from the Direc- trict governor, and member of the The message also announced that the tor of the Policy Issuances Division, Food Lions International Board of Directors. Safety and Inspection Service, Department House has agreed to the following con- Since he first joined the Lions Club, he of Agriculture, transmitting, pursuant to current resolution, in which it requests has shown tremendous leadership by law, the report of a rule entitled ‘‘Require- the concurrence of the Senate: recruiting a total of over 100 new mem- ments for the Disposition of Cattle that Be- bers to the organization. He has also H. Con. Res. 93. A concurrent resolution come Non-Ambulatory Disabled Following Ante-Mortem Inspection’’, received in the excelled in fundraising for the South providing for a conditional adjournment of the House of Representatives and a condi- Office of the President of the Senate on Dakota Lions Foundation, having sold tional recess of adjournment of the Senate. March 26, 2009; to the Committee on Agri- over 50,000 tickets to community fund- The message further announced that culture, Nutrition, and Forestry. raising events. EC–1176. A communication from the Chair- pursuant to section 841(b) of the Na- Schock has also contributed to the man, Federal Financial Institutions Exam- tional Defense Authorization Act for community of Sioux Falls through his ination Council, transmitting, pursuant to Fiscal Year 2008 (P.L. 110–181), the Mi- involvement with the Chamber of Com- law, the Council’s 2008 Annual Report to nority Leader appoints The Honorable Congress; to the Committee on Banking, merce, the Sioux Falls Development Christopher Shays of Connecticut to Housing, and Urban Affairs. Foundation, Augustana College, the the Commission on Wartime Con- EC–1177. A communication from the Direc- YMCA, the First Lutheran Church, Lu- tracting to fill the existing vacancy tor of the Office of Sustainable Fisheries, ther Manor health care, and The Ban- National Marine Fisheries Service, Depart- thereon. quet. He and his brother, Ozzie Schock, ment of Commerce, transmitting, pursuant started the Shock Foundation, a non- to law, the report of a rule entitled ‘‘Fish- At 5:06 p.m., a message from the eries of the Exclusive Economic Zone Off profit organization that works to sup- House of Representatives, delivered by port local charitable organizations. Al Alaska; Sablefish Managed Under the Indi- Mrs. Cole, one of its reading clerks, an- vidual Fishing Quota Program’’ (RIN0648– Shock’s selfless devotion and faithful nounced that the House has passed the XN73) received in the Office of the President service to others and to his community following bill, in which it requests the of the Senate on April 2, 2009; to the Com- is truly commendable. concurrence of the Senate: mittee on Commerce, Science, and Transpor- It gives me great pleasure to con- tation. H.R. 1256. An act to protect the public EC–1178. A communication from the Acting gratulate Al Schock for receiving this health by providing the Food and Drug Ad- honor, and to thank him for all his Assistant Administrator for Fisheries, Na- ministration with certain authority to regu- tional Marine Fisheries Service, Department years of service to South Dakota and late tobacco products, to amend title 5, ∑ of Commerce, transmitting, pursuant to law, our Nation. United States Code, to make certain modi- the report of a rule entitled ‘‘Fisheries Off f fications in the Thrift Savings Plan, the West Coast States; Pacific Groundfish Fish- Civil Service Retirement System, and the ery; Amendment 15; Correction’’ (RIN0648– MESSAGES FROM THE PRESIDENT Federal Employees’ Retirement System, and AW08) received in the Office of the President Messages from the President of the for other purposes. of the Senate on April 2, 2009; to the Com- United States were communicated to f mittee on Commerce, Science, and Transpor- tation. the Senate by Mrs. Neiman, one of his MEASURES READ THE FIRST TIME secretaries. EC–1179. A communication from the Dep- The following bill was read the first uty Assistant Administrator for Regulatory f time: Programs, National Marine Fisheries Serv- EXECUTIVE MESSAGES REFERRED ice, Department of Commerce, transmitting, H.R. 1256. An act to protect the public pursuant to law, the report of a rule entitled As in executive session the Presiding health by providing the Food and Drug Ad- ‘‘Pacific Halibut Fisheries; Catch Sharing Officer laid before the Senate messages ministration with certain authority to regu- Plan’’ (RIN0648–AX44) received in the Office late tobacco products. from the President of the United of the President of the Senate on April 2, States submitting sundry nominations f 2009; to the Committee on Commerce, Science, and Transportation. and a treaty which were referred to the EXECUTIVE AND OTHER EC–1180. A communication from the Attor- appropriate committees. COMMUNICATIONS ney Advisor, U.S. Coast Guard, Department (The nominations received today are The following communications were of Homeland Security, transmitting, pursu- printed at the end of the Senate pro- laid before the Senate, together with ant to law, the report of a rule entitled ceedings.) accompanying papers, reports, and doc- ‘‘Safety Zone; Saugus River, Lynn, MA’’ ((RIN1625–AA00)(Docket No. USCG–2008– f uments, and were referred as indicated: 1026)) received in the Office of the President MESSAGES FROM THE HOUSE EC–1172. A communication from the Con- of the Senate on April 1, 2009; to the Com- gressional Review Coordinator, Animal and mittee on Commerce, Science, and Transpor- Plant Health Inspection Service, Department tation. ENROLLED BILL SIGNED of Agriculture, transmitting, pursuant to EC–1181. A communication from the Attor- law, the report of a rule entitled ‘‘Import/Ex- ney Advisor, U.S. Coast Guard, Department At 10:03 a.m., a message from the port User Fees’’ (Docket No. APHIS–2006– of Homeland Security, transmitting, pursu- House of Representatives, delivered by 0144) received in the Office of the President ant to law, the report of a rule entitled Ms. Niland, one of its reading clerks, of the Senate on March 30, 2009; to the Com- ‘‘Safety Zone; Underwater Object, Massachu- announced that the Speaker has signed mittee on Agriculture, Nutrition, and For- setts Bay, MA’’ ((RIN1625–AA00)(Docket No. the following enrolled bill: estry. USCG–2008–1272)) received in the Office of the EC–1173. A communication from the Acting President of the Senate on April 1, 2009; to H.R. 1388. An act entitled ‘‘The Edward M. Associate Administrator, Agricultural Mar- the Committee on Commerce, Science, and Kennedy Serve America Act, an Act to reau- keting Service, Department of Agriculture, Transportation. thorize and reform the national service transmitting, pursuant to law, the report of EC–1182. A communication from the Attor- laws.’’ a rule entitled ‘‘Specialty Crop Block Grant ney Advisor, U.S. Coast Guard, Department The enrolled bill was subsequently Program—Farm Bill’’ (RIN0581–AC88) re- of Homeland Security, transmitting, pursu- signed by the President pro tempore ceived in the Office of the President of the ant to law, the report of a rule entitled (Mr. BYRD). Senate on March 30, 2009; to the Committee ‘‘Safety Zone; Captain of the Port Zone on Agriculture, Nutrition, and Forestry. Jacksonville; Offshore Cape Canaveral, Flor- At 11:58 a.m., a message from the EC–1174. A communication from the Acting ida’’ ((RIN1625–AA00)(Docket No. USCG–2008– House of Representatives, delivered by Associate Administrator, Agricultural Mar- 0411)) received in the Office of the President keting Service, Department of Agriculture, of the Senate on April 1, 2009; to the Com- Mrs. Cole, one of its reading clerks, an- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- nounced that the House has passed the a rule entitled ‘‘Grapes Grown in a Des- tation. following bill, in which it requests the ignated Area of Southeastern California and EC–1183. A communication from the Attor- concurrence of the Senate: Imported Table Grapes; Relaxation of Han- ney Advisor, U.S. Coast Guard, Department

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A communication from the Acting tation. 31, 2009; to the Committee on Finance. Administrator, Small Business Administra- EC–1184. A communication from the Attor- EC–1192. A communication from the Acting tion, transmitting, pursuant to law, an an- ney Advisor, U.S. Coast Guard, Department Assistant Secretary, Bureau of Legislative nual report relative to the Federal Employee of Homeland Security, transmitting, pursu- Affairs, Department of State, transmitting, Anti-Discrimination and Retaliation Act; to ant to law, the report of a rule entitled ‘‘Se- pursuant to law, a report entitled ‘‘Security- the Committee on Homeland Security and curity Zone; Coast Guard Base San Juan, Related Assistance Provided by the United Governmental Affairs. San Juan Harbor, Puerto Rico’’ ((RIN1625– States to the Countries of Central Asia’’; to EC–1202. A communication from the Asso- AA87)(Docket No. USCG–2008–0440)) received the Committee on Foreign Relations. ciate Attorney General, Department of Jus- in the Office of the President of the Senate EC–1193. A communication from the Acting tice, transmitting, pursuant to law, a report on April 1, 2009; to the Committee on Com- Assistant Secretary, Bureau of Legislative relative to agency compliance with the Free- merce, Science, and Transportation. Affairs, Department of State, transmitting, dom of Information Act; to the Committee EC–1185. A communication from the Attor- pursuant to law, a report entitled ‘‘United on the Judiciary. ney Advisor, U.S. Coast Guard, Department States Participation in the United Nations; of Homeland Security, transmitting, pursu- A Report by the Secretary of State to the f ant to law, the report of a rule entitled Congress for the Year 2007’’; to the Com- PETITIONS AND MEMORIALS ‘‘Safety Zone; Coast Guard Air Station San mittee on Foreign Relations. Francisco Airborne Use of Force Judgmental EC–1194. A communication from the Acting The following petition or memorial Training Flights’’ ((RIN1625–AA00)(Docket Assistant Secretary, Bureau of Legislative was laid before the Senate and was re- No. USCG–2009–0063)) received in the Office of Affairs, Department of State, transmitting, ferred or ordered to lie on the table as the President of the Senate on April 1, 2009; pursuant to law, a report relative to U.S. indicated: to the Committee on Commerce, Science, support for Taiwan’s participation as an ob- POM–16. A petition transmitted by a pri- and Transportation. server at the 62nd World Health Assembly vate citizen relative to the Long-Term Care EC–1186. A communication from the Attor- and in the work of the World Health Organi- Security Act; to the Committee on Health, ney Advisor, U.S. Coast Guard, Department zation; to the Committee on Foreign Rela- Education, Labor, and Pensions. of Homeland Security, transmitting, pursu- tions. ant to law, the report of a rule entitled EC–1195. A communication from the Acting f ‘‘Safety Zone; Baltimore Captain of the Port Assistant Secretary, Bureau of Legislative Zone’’ ((RIN1625–AA00)(Docket No. USCG– Affairs, Department of State, transmitting, REPORTS OF COMMITTEES 2008–0129)) received in the Office of the Presi- pursuant to the Arms Export Control Act, The following reports of committees dent of the Senate on April 1, 2009; to the the certification of a proposed technical as- were submitted: Committee on Commerce, Science, and sistance agreement to include the export of Transportation. technical data, defense services, and defense By Mr. LEVIN, from the Committee on EC–1187. A communication from the Attor- articles in the amount of $50,000,000 or more Armed Services, with an amendment in the ney Advisor, U.S. Coast Guard, Department with Mexico; to the Committee on Foreign nature of a substitute: of Homeland Security, transmitting, pursu- Relations. S. 454. A bill to improve the organization ant to law, the report of a rule entitled EC–1196. A communication from the Acting and procedures of the Department of Defense ‘‘Safety Zone; Naval Underwater Detonation; Assistant Secretary, Bureau of Legislative for the acquisition of major weapon systems, Northwest Harbor, San Clemente Island, CA’’ Affairs, Department of State, transmitting, and for other purposes. ((RIN1625–AA00)(Docket No. USCG–2009– pursuant to the Arms Export Control Act, By Mr. LEAHY, from the Committee on 0046)) received in the Office of the President the certification of a proposed export of de- the Judiciary, with amendments: of the Senate on April 1, 2009; to the Com- fense services and defense articles in the S. 515. A bill to amend title 35, United mittee on Commerce, Science, and Transpor- amount of $100,000,000 or more to Spain; to States Code, to provide for patent reform. tation. the Committee on Foreign Relations. By Mr. KERRY, from the Committee on EC–1188. A communication from the EC–1197. A communication from the Acting Foreign Relations, with amendments and Project Counsel, U.S. Coast Guard, Depart- Assistant Secretary, Bureau of Legislative with a preamble: ment of Homeland Security, transmitting, Affairs, Department of State, transmitting, S. Con. Res. 11. A concurrent resolution pursuant to law, the report of a rule entitled pursuant to the Arms Export Control Act, condemning all forms of anti-Semitism and ‘‘Consolidation of Merchant Mariner Quali- the certification of a proposed agreement for reaffirming the support of Congress for the fication Credentials’’ ((RIN1625– the export of defense articles or defense serv- mandate of the Special Envoy to Monitor AB02)(Docket No. USCG–2006–24371)) received ices in the amount of $100,000,000 or more and Combat Anti-Semitism, and for other in the Office of the President of the Senate with Japan; to the Committee on Foreign purposes. on April 1, 2009; to the Committee on Com- Relations. f merce, Science, and Transportation. EC–1198. A communication from the Acting EC–1189. A communication from the Acting Assistant Secretary, Bureau of Legislative EXECUTIVE REPORT OF Director, Fish and Wildlife Service, Depart- Affairs, Department of State, transmitting, COMMITTEE ment of the Interior, transmitting, pursuant pursuant to the Arms Export Control Act, to law, the report of a rule entitled ‘‘Endan- the certification of a proposed technical as- The following executive report of a gered and Threatened Wildlife and Plants; sistance agreement for the export of defense nomination was submitted: Final Rule To Identify the Western Great articles, including technical data, and de- By Mr. AKAKA for the Committee on Vet- Lakes Populations of Gray Wolves as a Dis- fense services in the amount of $100,000,000 or erans’ Affairs. tinct Population Segment and To Revise the more to Turkey; to the Committee on For- *W. Scott Gould, of the District of Colum- List of Endangered and Threatened Wildlife’’ eign Relations. bia, to be Deputy Secretary of Veterans Af- (RIN1018–AW41) received in the Office of the EC–1199. A communication from the Acting fairs. Assistant Secretary, Bureau of Legislative President of the Senate on April 1, 2009; to *Nomination was reported with rec- Affairs, Department of State, transmitting, the Committee on Environment and Public ommendation that it be confirmed subject to pursuant to the Arms Export Control Act, Works. the nominee’s commitment to respond to re- EC–1190. A communication from the Acting the certification of a proposed technical as- quests to appear and testify before any duly Director, Fish and Wildlife Service, Depart- sistance agreement for the export of tech- constituted committee of the Senate. ment of the Interior, transmitting, pursuant nical data, defense services, and defense arti- to law, the report of a rule entitled ‘‘Endan- cles in the amount of $100,000,000 or more f gered and Threatened Wildlife and Plants; with Italy and the United Kingdom; to the Final Rule to Identify the Northern Rocky Committee on Foreign Relations. INTRODUCTION OF BILLS AND Mountain Population of Gray Wolf as a Dis- EC–1200. A communication from the Acting JOINT RESOLUTIONS tinct Population Segment and to Revise the Director, Legislative and Regulatory Depart- The following bills and joint resolu- List of Endangered and Threatened Wildlife’’ ment, Pension Benefit Guaranty Corpora- tions were introduced, read the first tion, transmitting, pursuant to law, the re- (RIN1018–AW37) received in the Office of the and second times by unanimous con- President of the Senate on April 1, 2009; to port of two rules entitled ‘‘Allocation of As- the Committee on Environment and Public sets in Single-Employer Plans; Benefits Pay- sent, and referred as indicated: Works. able in Terminated Single-Employer Plans; By Mr. ROBERTS (for himself, Mr. EC–1191. A communication from the Regu- Interest Assumptions for Valuing and Pay- VITTER, Mrs. HUTCHISON, Mr. WICKER, lation Coordinator of the Center for Med- ing Benefits’’ (29 CFR Parts 4022 and 4044) Mr. BAYH, Mr. LUGAR, Mr.

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CHAMBLISS, Mr. CARDIN, Mr. ISAKSON, activities to improve highway safety; to the S. 801. A bill to amend title 38, United Mr. BURR, and Ms. LANDRIEU): Committee on Environment and Public States Code, to waive charges for humani- S. 781. A bill to amend the Internal Rev- Works. tarian care provided by the Department of enue Code of 1986 to provide for collegiate By Mr. SANDERS: Veterans Affairs to family members accom- housing and infrastructure grants; to the S. 792. A bill to amend the Public Health panying veterans severely injured after Sep- Committee on Finance. Service Act to improve the National Pro- tember 11, 2001, as they receive medical care By Ms. MURKOWSKI (for herself and gram of Cancer Registries by expanding data from the Department and to provide assist- Mr. BEGICH): collection and allowing data sharing for pub- ance to family caregivers, and for other pur- S. 782. A bill to provide for the establish- lic health objectives, while preserving the poses; to the Committee on Veterans’ Af- ment of the National Volcano Early Warning confidentiality of patients, and for other fairs. and Monitoring System; to the Committee purposes; to the Committee on Health, Edu- By Mr. JOHNSON: on Energy and Natural Resources. cation, Labor, and Pensions. S. 802. A bill to amend the Internal Rev- By Mr. MENENDEZ (for himself and By Mr. BROWN: enue Code of 1986 to allow Indian tribes to Mr. LAUTENBERG): S. 793. A bill to direct the Secretary of Vet- transfer the credit for electricity produced S. 783. A bill to amend the Outer Conti- erans Affairs to establish a scholarship pro- from renewable resources; to the Committee nental Shelf Lands Act to permanently program for students seeking a degree or certifi- on Finance. hibit the conduct of offshore drilling on the cate in the areas of visual impairment and By Mr. HARKIN (for himself, Mr. outer Continental Shelf in the Mid-Atlantic orientation and mobility; to the Committee CORNYN, and Mr. UDALL of New Mex- and North Atlantic planning areas; to the on Veterans’ Affairs. ico): Committee on Energy and Natural Re- By Mr. BROWN: S. 803. A bill to amend the Internal Rev- sources. S. 794. A bill to amend title 10, United enue Code of 1986 to provide a tax credit to By Ms. MURKOWSKI: States Code, to modify certain retirement employers for the costs of implementing S. 784. A bill to provide for the recognition pay and grade authorities for service per- wellness programs, and for other purposes; to of certain Native communities and the set- formed after eligibility for retirement, and the Committee on Finance. tlement of certain claims under the Alaska for other purposes; to the Committee on By Mr. BINGAMAN: Native Claims Settlement Act, and for other Armed Services. S. 804. A bill to amend subpart 2 of part A purposes; to the Committee on Energy and By Mr. HATCH (for himself, Mrs. LIN- of title I of the Elementary and Secondary Natural Resources. COLN, Mr. KOHL, and Ms. SNOWE): Education Act of 1965 to establish incentives By Ms. MURKOWSKI (for herself and S. 795. A bill to amend the Social Security for States to extend the minimum length of Mr. BEGICH): Act to enhance the social security of the Na- the school year to 200 full days by 2014, and S. 785. A bill to establish a grant program tion by ensuring adequate public-private infor other purposes; to the Committee on to encourage retooling of entities in the tim- frastructure and to resolve to prevent, de- Health, Education, Labor , and Pensions. ber industry in Alaska, and for other pur- tect, treat, intervene in, and prosecute elder By Mr. NELSON of Florida (for himself poses; to the Committee on Environment and abuse, neglect, and exploitation, and for and Mr. MARTINEZ): Public Works. other purposes; to the Committee on Fi- S. 805. A bill to provide for a comprehensive study by the National Research Council By Mr. AKAKA (for himself, Mr. SCHU- nance. of the National Academy of Sciences to as- MER, Mr. INOUYE, and Mr. By Mr. BINGAMAN: sess the water management, needs, and con- LIEBERMAN): S. 796. A bill to modify the requirements S. 786. A bill to authorize a grant program applicable to locatable minerals on public servation of the Apalachicola-Chattahoo- to provide for expanded access to main- domain land, and for other purposes; to the chee-Flint River System; to the Committee stream financial institutions; to the Com- Committee on Energy and Natural Re- on Environment and Public Works. mittee on Banking, Housing, and Urban Af- sources. By Mr. VOINOVICH (for himself and fairs. By Mr. DORGAN (for himself, Mr. Mr. AKAKA): S. 806. A bill to provide for the establish- By Mr. FEINGOLD (for himself, Mrs. BARRASSO, Mr. BAUCUS, Mr. BINGA- ment, administration, and funding of Federal BOXER, Mr. CARDIN, Mr. BROWN, Ms. MAN, Mr. LIEBERMAN, Mr. KYL, Mr. Executive Boards, and for other purposes; to CANTWELL, Mr. CARPER, Mr. DODD, WYDEN, Mr. JOHNSON, Ms. CANTWELL, the Committee on Homeland Security and Mr. DURBIN, Mrs. GILLIBRAND, Mr. Ms. MURKOWSKI, Mr. THUNE, Mr. Governmental Affairs. KERRY, Mr. KOHL, Mr. LAUTENBERG, TESTER, Mr. BEGICH, and Mr. UDALL By Mr. NELSON of Nebraska: Mr. LEAHY, Mr. LEVIN, Mr. of New Mexico): S. 807. A bill to reduce fuel prices and im- S. 797. A bill to amend the Indian Law En- LIEBERMAN, Mr. MENENDEZ, Mr. prove national energy security by increasing forcement Reform Act, the Indian Tribal MERKLEY, Mr. REED, Mr. SANDERS, domestic supply, reducing excessive specula- Justice Act, the Indian Tribal Justice Tech- Mr. SCHUMER, Mrs. SHAHEEN, Ms. tion in the markets, and promoting long- STABENOW, Mr. WHITEHOUSE, and Mr. nical and Legal Assistance Act of 2000, and term security through alternative energy WYDEN): the Omnibus Crime Control and Safe Streets sources, and for other purposes; to the Com- S. 787. A bill to amend the Federal Water Act of 1968 to improve the prosecution of, mittee on Finance. Pollution Control Act to clarify the jurisdic- and response to, crimes in Indian country, By Mr. REED (for himself, Mr. BOND, tion of the United States over waters of the and for other purposes; to the Committee on Mr. AKAKA, Mrs. BOXER, Ms. COLLINS, United States; to the Committee on Environ- Indian Affairs. Mr. DURBIN, Mr. KERRY, Ms. ment and Public Works. By Ms. MURKOWSKI (for herself and KLOBUCHAR, Ms. LANDRIEU, Mr. LAU- By Ms. SNOWE (for herself and Mr. Mr. BEGICH): TENBERG, Mr. LIEBERMAN, Mr. SCHU- NELSON of Florida): S. 798. A bill to amend the Internal Rev- MER, and Mr. WHITEHOUSE): S. 788. A bill to prohibit unsolicited mobile enue Code of 1986 to permanently extend ex- S. 808. A bill to amend the McKinney- text message spam; to the Committee on isting elective tax treatment for Alaska Na- Vento Homeless Assistance Act to reauthor- Commerce, Science, and Transportation. tive Settlement Trusts; to the Committee on ize the Act, and for other purposes; to the By Mrs. FEINSTEIN: Finance. Committee on Banking, Housing, and Urban S. 789. A bill to require the Secretary of By Mr. DURBIN (for himself, Mrs. Affairs. the Interior to conduct a study on the feasi- BOXER, Ms. CANTWELL, Mr. CARDIN, By Mr. CASEY: bility and suitability of constructing a stor- Mr. FEINGOLD, Mr. HARKIN, Mr. KEN- S. 809. A bill to establish a program to pro- age reservoir, outlet works, and a delivery NEDY, Mr. KERRY, Mr. LAUTENBERG, vide tuition assistance to individuals who system for the Tule River Indian Tribe of the Mr. LEAHY, Mr. LIEBERMAN, Mr. have lost their jobs as a result of the eco- Tule River Reservation in the State of Cali- MENENDEZ, Mr. REED, Mr. SANDERS, nomic downturn; to the Committee on fornia to provide a water supply for domes- Ms. STABENOW, and Mr. WHITEHOUSE): Health, Education, Labor, and Pensions. tic, municipal, industrial, and agricultural S. 799. A bill to designate as wilderness cer- By Mr. WHITEHOUSE: purposes, and for other purposes; to the Com- tain Federal portions of the red rock can- S. 810. A bill to establish 4 regional insti- mittee on Energy and Natural Resources. yons of the Colorado Plateau and the Great tutes as centers of excellence for research, By Mr. BINGAMAN (for himself, Mr. Basin Deserts in the State of Utah for the planning, and related efforts to assess and CASEY, Mr. KOHL, and Mr. UDALL of benefit of present and future generations of prepare for the impacts of climate change on New Mexico): people in the United States; to the Com- ocean and coastal areas and for other pur- S. 790. A bill to improve access to health mittee on Energy and Natural Resources. poses; to the Committee on Commerce, care services in rural, frontier, and urban un- By Ms. SNOWE (for herself and Mr. Science, and Transportation. derserved areas in the United States by ad- CASEY): By Mr. INOUYE: dressing the supply of health professionals S. 800. A bill to require the President to S. 811. A bill to amend the Public Health and the distribution of health professionals update and modify the website recovery.gov; Service Act to promote mental and behav- to areas of need; to the Committee on Fi- to the Committee on Homeland Security and ioral health services for underserved popu- nance. Governmental Affairs. lations; to the Committee on Health, Edu- By Mr. BAUCUS: By Mr. AKAKA (for himself, Mr. BURR, cation, Labor, and Pensions. S. 791. A bill to direct the Secretary of Mr. TESTER, Mr. BURRIS, and Mr. By Mr. BAUCUS (for himself and Mr. Transportation to carry out programs and ROCKEFELLER): GRASSLEY):

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.230 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4311 S. 812. A bill to amend the Internal Rev- of operating losses, and for other purposes; By Mrs. GILLIBRAND (for herself and enue Code of 1986 to make permanent the to the Committee on Finance. Mr. SPECTER): special rule for contributions of qualified By Ms. SNOWE (for herself and Mr. S. Con. Res. 17. A concurrent resolution au- conservation contributions; to the Com- BEGICH): thorizing the use of Emancipation Hall in mittee on Finance. S. 824. A bill to establish a Jobs Creation the Capitol Visitor Center for the unveiling By Mr. BROWN (for himself, Mr. KEN- Coordinator in the Department of Commerce of a bust of Sojourner Truth; to the Com- NEDY, and Mr. FEINGOLD): to ensure that agencies in the Department mittee on Rules and Administration. S. 813. A bill to amend the National Labor use resources in a manner that maximizes f Relations Act to apply the protections of the the maintenance and creation of jobs in the Act to teaching and research assistants; to United States, and for other purposes; to the ADDITIONAL COSPONSORS the Committee on Health, Education, Labor, Committee on Commerce, Science, and S. 27 and Pensions. Transportation. At the request of Mr. SCHUMER, the By Mr. NELSON of Florida: By Mrs. LINCOLN (for herself and Ms. name of the Senator from North Da- S. 814. A bill to provide for the conveyance SNOWE): of a parcel of land held by the Bureau of S. 825. A bill to amend the Internal Rev- kota (Mr. CONRAD) was added as a co- Prisons of the Department of Justice in enue Code of 1986 to restore, increase, and sponsor of S. 27, a bill to establish the Miami Dade County , Florida, to facilitate make permanent the exclusion from gross in- Daniel Webster Congressional Clerk- the construction of a new educational facil- come for amounts received under qualified ship Program. ity that includes a secure parking area for group legal services plans; to the Committee S. 266 the Bureau of Prisons, and for other pur- on Finance. At the request of Mr. NELSON of Flor- poses; to the Committee on the Judiciary. By Ms. KLOBUCHAR (for herself and ida, the name of the Senator from By Mr. NELSON of Florida (for him- Ms. SNOWE): Alaska (Mr. BEGICH) was added as a co- self, Mr. DURBIN, Mrs. FEINSTEIN, Mr. S. 826. A bill to promote renewable energy, KENNEDY, Mr. KERRY, and Mr. and for other purposes; to the Committee on sponsor of S. 266, a bill to amend title MENENDEZ): Finance. XVIII of the Social Security Act to re- S. 815. A bill to amend the Immigration By Mr. ROCKEFELLER (for himself, duce the coverage gap in prescription and Nationality Act to exempt surviving Mr. ROBERTS, and Mr. LEAHY): drug coverage under part D of such spouses of United States citizens from the S. 827. A bill to establish a program to re- title based on savings to the Medicare numerical limitations described in section unite bondholders with matured unredeemed program resulting from the negotiation 201 of such Act; to the Committee on the Ju- United States savings bonds; to the Com- of prescription drug prices. diciary. mittee on Finance. By Mr. CRAPO (for himself, Mr. BAU- By Mr. HARKIN (for himself, Mr. S. 306 CUS, Mr. TESTER, Mrs. LINCOLN, and THUNE, and Mr. JOHNSON): At the request of Mr. NELSON of Ne- Mr. BENNETT): S. 828. A bill to amend the Energy Policy braska, the name of the Senator from S. 816. A bill to preserve the rights granted Act of 2005 to provide loan guarantees for Georgia (Mr. ISAKSON) was added as a under second amendment to the Constitution projects to construct renewable fuel pipe- cosponsor of S. 306, a bill to promote in national parks and national wildlife ref- lines, and for other purposes; to the Com- biogas production, and for other pur- uge areas; to the Committee on Energy and mittee on Energy and Natural Resources. Natural Resources. poses. By Ms. CANTWELL (for herself, Ms. f S. 343 MURKOWSKI, Mrs. MURRAY, Mrs. FEIN- SUBMISSION OF CONCURRENT AND At the request of Mrs. LINCOLN, the STEIN, Mrs. BOXER, Mr. WYDEN, Mr. SENATE RESOLUTIONS name of the Senator from Montana MERKLEY, and Mr. BEGICH): (Mr. TESTER) was added as a cosponsor S. 817. A bill to establish a Salmon Strong- The following concurrent resolutions of S. 343, a bill to amend title XVIII of hold Partnership program to conserve wild and Senate resolutions were read, and the Social Security Act to provide for Pacific salmon and for other purposes; to the referred (or acted upon), as indicated: Committee on Commerce, Science, and Medicare coverage services of qualified Transportation. By Mr. VITTER: respiratory therapists performed under By Mr. BINGAMAN (for himself, Mr. S. Res. 98. A resolution designating each of the general supervision of a physician. April 15, 2009, and April 15, 2010, as ‘‘National BURR, Mr. KENNEDY, Mr. HATCH, and S. 384 TEA Party Day’’; to the Committee on the Mrs. MURRAY): Judiciary. At the request of Mr. LUGAR, the S. 818. A bill to reauthorize the Enhancing name of the Senator from Massachu- Education Through Technology Act of 2001, By Mr. HARKIN (for himself, Mr. and for other purposes; to the Committee on SANDERS, and Mr. BINGAMAN): setts (Mr. KERRY) was added as a co- Health, Education, Labor, and Pensions. S. Res. 99. A resolution expressing the sponsor of S. 384, a bill to authorize ap- By Mr. DURBIN (for himself, Mr. sense of the Senate that the Government of propriations for fiscal years 2010 CASEY, and Mr. MENENDEZ): Uzbekistan should immediately enforce its through 2014 to provide assistance to S. 819. A bill to provide for enhanced treat- existing domestic legislation and fulfill its foreign countries to promote food secu- ment, support, services, and research for in- international commitments aimed at ending state-sponsored forced and child labor; to the rity, to stimulate rural economies, and dividuals with autism spectrum disorders to improve emergency response to food and their families; to the Committee on Committee on Foreign Relations. Health, Education, Labor, and Pensions. By Mr. DURBIN: crises, to amend the Foreign Assist- By Mr. SANDERS: S. Res. 100. A resolution expressing the ance Act of 1961, and for other pur- S. 820. A bill to amend title 38, United support of the Senate for the establishment poses. States Code, to enhance the automobile as- of an Urban Youth Sport Initiative in part- S. 423 nership with the United States Olympic sistance allowance for veterans, and for At the request of Mr. AKAKA, the Committee; to the Committee on Commerce, other purposes; to the Committee on Vet- name of the Senator from Maryland erans’ Affairs. Science, and Transportation. (Ms. MIKULSKI) was added as a cospon- By Mr. SANDERS: By Mr. BURR (for himself and Mrs. S. 821. A bill to amend title 38, United HAGAN): sor of S. 423, a bill to amend title 38, States Code, to prohibit the Secretary of S. Res. 101. A resolution expressing the United States Code, to authorize ad- Veterans Affairs from collecting certain co- sense of the Senate on the tragic events at vance appropriations for certain med- payments from veterans who are catastroph- the Pinelake Health and Rehab Center in ical care accounts of the Department of ically disabled, and for other purposes; to the Carthage, North Carolina on Sunday, March Veterans Affairs by providing two-fis- Committee on Veterans’ Affairs. 29, 2009; considered and agreed to. cal year budget authority, and for By Mr. SCHUMER (for himself and Mr. By Mr. SANDERS: other purposes. S. 822. A bill to support the recruitment BENNETT): and retention of volunteer firefighters and S. Res. 102. A resolution providing for S. 442 emergency medical services personnel, and members on the part of the Senate of the At the request of Mr. DORGAN, the for other purposes; to the Committee on Joint Committee on Printing and the Joint name of the Senator from Montana Homeland Security and Governmental Af- Committee of Congress on the Library; con- (Mr. TESTER) was added as a cosponsor fairs. sidered and agreed to. of S. 442, a bill to impose a limitation By Ms. SNOWE (for herself, Mr. BAU- By Mr. REID (for himself and Mr. on lifetime aggregate limits imposed CUS, Mr. HATCH, Ms. STABENOW, Mr. MCCONNELL): by health plans. ENSIGN, Mrs. LINCOLN, Ms. CANTWELL, S. Res. 103. A resolution to authorize testi- S 454 and Mr. NELSON of Florida): mony and document production in Richard . S. 823. A bill to amend the Internal Rev- Bowen v. Department of the Navy (MSPB); At the request of Mr. LEVIN, the enue Code of 1986 to allow a 5-year carryback considered and agreed to. names of the Senator from Nebraska

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.231 S02APPT1 rfrederick on PROD1PC67 with SENATE S4312 CONGRESSIONAL RECORD — SENATE April 2, 2009 (Mr. NELSON) and the Senator from Mexico (Mr. UDALL) was added as a co- tive American Programs Act of 1974 to Colorado (Mr. UDALL) were added as cosponsor of S. 535, a bill to amend title authorize the provision of grants and sponsors of S. 454, a bill to improve the 10, United States Code, to repeal re- cooperative agreements to tribal col- organization and procedures of the De- quirement for reduction of survivor an- leges and universities, and for other partment of Defense for the acquisition nuities under the Survivor Benefit purposes. of major weapon systems, and for other Plan by veterans’ dependency and in- S. 661 purposes. demnity compensation, and for other At the request of Mr. BINGAMAN, the S. 467 purposes. names of the Senator from New Hamp- At the request of Mr. DODD, the name S. 546 shire (Mrs. SHAHEEN) and the Senator of the Senator from Arkansas (Mrs. At the request of Mr. REID, the name from Illinois (Mr. DURBIN) were added LINCOLN) was added as a cosponsor of S. of the Senator from Iowa (Mr. HARKIN) as cosponsors of S. 661, a bill to 467, a bill to amend the National and was added as a cosponsor of S. 546, a strengthen American manufacturing Community Service Act of 1990 to es- bill to amend title 10, United States through improved industrial energy ef- tablish Encore Service Programs, En- Code, to permit certain retired mem- ficiency, and for other purposes. core Fellowship Programs, and Silver bers of the uniformed services who S. 663 Scholarship Programs, and for other have a service-connected disability to At the request of Mr. NELSON of Ne- purposes. receive both disability compensation braska, the name of the Senator from S. 469 from the Department of Veterans Af- New Jersey (Mr. MENENDEZ) was added At the request of Mr. VOINOVICH, the fairs for their disability and either reas a cosponsor of S. 663, a bill to amend name of the Senator from Illinois (Mr. tired pay by reason of their years of title 38, United States Code, to direct BURRIS) was added as a cosponsor of S. military service or Combat-Related the Secretary of Veterans Affairs to es- 469, a bill to amend chapter 83 of title Special Compensation. tablish the Merchant Mariner Equity 5, United States Code, to modify the S. 584 Compensation Fund to provide benefits computation for part-time service At the request of Mr. HARKIN, the to certain individuals who served in under the Civil Service Retirement name of the Senator from Pennsyl- the United States merchant marine System. vania (Mr. SPECTER) was added as a co- (including the Army Transport Service S. 475 sponsor of S. 584, a bill to ensure that and the Naval Transport Service) during World War II. At the request of Mr. BURR, the all users of the transportation system, names of the Senator from Mississippi including pedestrians, bicyclists, tran- S. 729 (Mr. WICKER) and the Senator from Illi- sit users, children, older individuals, At the request of Mr. DURBIN, the nois (Mr. DURBIN) were added as co- and individuals with disabilities, are name of the Senator from New York sponsors of S. 475, a bill to amend the able to travel safely and conveniently (Mr. SCHUMER) was added as a cospon- Servicemembers Civil Relief Act to on and across federally funded streets sor of S. 729, a bill to amend the Illegal guarantee the equity of spouses of mili- and highways. Immigration Reform and Immigrant tary personnel with regard to matters S. 599 Responsibility Act of 1996 to permit States to determine State residency for of residency, and for other purposes. At the request of Mr. CARPER, the higher education purposes and to au- S. 484 name of the Senator from Louisiana thorize the cancellation of removal and At the request of Mrs. FEINSTEIN, the (Ms. LANDRIEU) was added as a cospon- adjustment of status of certain alien name of the Senator from Alaska (Mr. sor of S. 599, a bill to amend chapter 81 students who are long-term United BEGICH) was added as a cosponsor of S. of title 5, United States Code, to create States residents and who entered the 484, a bill to amend title II of the So- a presumption that a disability or United States as children, and for cial Security Act to repeal the Govern- death of a Federal employee in fire pro- other purposes. ment pension offset and windfall elimi- tection activities caused by any cer- nation provisions. tain diseases is the result of the per- S. 731 At the request of Mr. NELSON of Ne- S. 514 formance of such employee’s duty. braska, the name of the Senator from At the request of Mr. AKAKA, the S. 605 Georgia (Mr. CHAMBLISS) was added as At the request of Mr. KAUFMAN, the name of the Senator from Illinois (Mr. a cosponsor of S. 731, a bill to amend name of the Senator from Pennsyl- BURRIS) was added as a cosponsor of S. title 10, United States Code, to provide vania (Mr. SPECTER) was added as a co- 514, a bill to amend title 38, United for continuity of TRICARE Standard sponsor of S. 605, a bill to require the States Code, to enhance vocational re- coverage for certain members of the Securities and Exchange Commission habilitation benefits for veterans, and Retired Reserve. for other purposes. to reinstate the uptick rule and effec- S. 753 S. 515 tively regulate abusive short selling At the request of Mr. SCHUMER, the activities. At the request of Mr. LEAHY, the name of the Senator from South Da- S. 614 names of the Senator from Minnesota kota (Mr. JOHNSON) was added as a co- (Ms. KLOBUCHAR), the Senator from At the request of Mrs. HUTCHISON, the sponsor of S. 753, a bill to prohibit the Pennsylvania (Mr. SPECTER), the Sen- name of the Senator from Kansas (Mr. manufacture, sale, or distribution in ator from Texas (Mr. CORNYN) and the BROWNBACK) was added as a cosponsor commerce of children’s food and bev- Senator from California (Mrs. FEIN- of S. 614, a bill to award a Congres- erage containers composed of bisphenol STEIN) were added as cosponsors of S. sional Gold Medal to the Women A, and for other purposes. Airforce Service Pilots (‘‘WASP’’). 515, a bill to amend title 35, United S. 773 States Code, to provide for patent re- S. 622 At the request of Mr. BAYH, his name form. At the request of Mrs. FEINSTEIN, the was added as a cosponsor of S. 773, a S. 534 name of the Senator from Arizona (Mr. bill to ensure the continued free flow of At the request of Mr. NELSON of Flor- KYL) was added as a cosponsor of S. 622, commerce within the United States ida, the name of the Senator from Ar- a bill to ensure parity between the and with its global trading partners kansas (Mrs. LINCOLN) was added as a temporary duty imposed on ethanol through secure cyber communications, cosponsor of S. 534, a bill to amend and tax credits provided on ethanol. to provide for the continued develop- title XVIII of the Social Security Act S. 633 ment and exploitation of the Internet to reduce cost-sharing under part D of At the request of Mr. TESTER, the and intranet communications for such such title for certain non-institutional- name of the Senator from New Mexico purposes, to provide for the develop- ized full-benefit dual eligible individ- (Mr. UDALL) was added as a cosponsor ment of a cadre of information tech- uals. of S. 633, a bill to establish a program nology specialists to improve and S. 535 for tribal colleges and universities maintain effective cybersecurity de- At the request of Mr. NELSON of Flor- within the Department of Health and fenses against disruption, and for other ida, the name of the Senator from New Human Services and to amend the Na- purposes.

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.179 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4313 S. 778 the appropriate budgetary levels for forth the appropriate budgetary levels At the request of Mr. ROCKEFELLER, fiscal years 2011 through 2014. for fiscal years 2011 through 2014. the name of the Senator from Indiana AMENDMENT NO. 765 AMENDMENT NO. 799 (Mr. BAYH) was added as a cosponsor of At the request of Mr. BARRASSO, the At the request of Mr. JOHANNS, his S. 778, a bill to establish, within the names of the Senator from Nebraska name was added as a cosponsor of Executive Office of the President, the (Mr. JOHANNS) and the Senator from amendment No. 799 proposed to S. Con. Office of National Cybersecurity Advi- South Dakota (Mr. THUNE) were added Res. 13, an original concurrent resolu- sor. as cosponsors of amendment No. 765 tion setting forth the congressional S. 780 proposed to S. Con. Res. 13, an original budget for the United States Govern- At the request of Mr. NELSON of Flor- concurrent resolution setting forth the ment for fiscal year 2010, revising the ida, the names of the Senator from In- congressional budget for the United appropriate budgetary levels for fiscal diana (Mr. LUGAR), the Senator from States Government for fiscal year 2010, year 2009, and setting forth the appro- New Jersey (Mr. MENENDEZ) and the revising the appropriate budgetary lev- priate budgetary levels for fiscal years Senator from Massachusetts (Mr. els for fiscal year 2009, and setting 2011 through 2014. KERRY) were added as cosponsors of S. forth the appropriate budgetary levels At the request of Mr. BENNET, the 780, a bill to amend the Andean Trade for fiscal years 2011 through 2014. name of the Senator from Montana Preference Act to add Paraguay to the AMENDMENT NO. 784 (Mr. TESTER) was added as a cosponsor list of countries that are eligible to be At the request of Mr. JOHANNS, his of amendment No. 799 proposed to S. designated as beneficiary countries and name was added as a cosponsor of Con. Res. 13, supra. ATPDEA beneficiary countries. amendment No. 784 intended to be pro- AMENDMENT NO. 803 S. RES. 72 posed to S. Con. Res. 13, an original At the request of Mr. JOHANNS, his At the request of Mr. MENENDEZ, the concurrent resolution setting forth the name was added as a cosponsor of name of the Senator from Illinois (Mr. congressional budget for the United amendment No. 803 proposed to S. Con. BURRIS) was added as a cosponsor of S. States Government for fiscal year 2010, Res. 13, an original concurrent resolu- Res. 72, a resolution expressing the revising the appropriate budgetary lev- tion setting forth the congressional sense of the Senate regarding drug els for fiscal year 2009, and setting budget for the United States Govern- trafficking in Mexico. forth the appropriate budgetary levels ment for fiscal year 2010, revising the S. RES. 92 for fiscal years 2011 through 2014. appropriate budgetary levels for fiscal At the request of Mr. MENENDEZ, the AMENDMENT NO. 785 year 2009, and setting forth the appro- names of the Senator from Wisconsin At the request of Mr. JOHANNS, his priate budgetary levels for fiscal years (Mr. FEINGOLD) and the Senator from name was added as a cosponsor of 2011 through 2014. New Jersey (Mr. LAUTENBERG) were amendment No. 785 intended to be pro- AMENDMENT NO. 808 added as cosponsors of S. Res. 92, a res- posed to S. Con. Res. 13, an original At the request of Mr. BROWN, the olution honoring the accomplishments concurrent resolution setting forth the names of the Senator from West Vir- and legacy of Cesar Estrada Chavez. congressional budget for the United ginia (Mr. ROCKEFELLER) and the Sen- AMENDMENT NO. 742 States Government for fiscal year 2010, ator from New York (Mr. SCHUMER) At the request of Mr. INHOFE, the revising the appropriate budgetary lev- were added as cosponsors of amend- names of the Senator from Hawaii (Mr. els for fiscal year 2009, and setting ment No. 808 proposed to S. Con. Res. AKAKA), the Senator from North Caro- forth the appropriate budgetary levels 13, an original concurrent resolution lina (Mr. BURR), the Senator from for fiscal years 2011 through 2014. setting forth the congressional budget South Dakota (Mr. THUNE) and the AMENDMENT NO. 786 for the United States Government for Senator from Alaska (Ms. MURKOWSKI) At the request of Mr. JOHANNS, his fiscal year 2010, revising the appro- were added as cosponsors of amend- name was added as a cosponsor of priate budgetary levels for fiscal year ment No. 742 proposed to S. Con. Res. amendment No. 786 intended to be pro- 2009, and setting forth the appropriate 13, an original concurrent resolution posed to S. Con. Res. 13, an original budgetary levels for fiscal years 2011 setting forth the congressional budget concurrent resolution setting forth the through 2014. for the United States Government for congressional budget for the United AMENDMENT NO. 810 fiscal year 2010, revising the appro- States Government for fiscal year 2010, At the request of Mr. BROWN, the priate budgetary levels for fiscal year revising the appropriate budgetary lev- name of the Senator from Maine (Ms. 2009, and setting forth the appropriate els for fiscal year 2009, and setting SNOWE) was added as a cosponsor of budgetary levels for fiscal years 2011 forth the appropriate budgetary levels amendment No. 810 proposed to S. Con. through 2014. for fiscal years 2011 through 2014. Res. 13, an original concurrent resolu- AMENDMENT NO. 755 AMENDMENT NO. 787 tion setting forth the congressional At the request of Mr. CASEY, the At the request of Mr. VITTER, the budget for the United States Govern- names of the Senator from Indiana name of the Senator from Utah (Mr. ment for fiscal year 2010, revising the (Mr. BAYH) and the Senator from Wyo- BENNETT) was added as a cosponsor of appropriate budgetary levels for fiscal ming (Mr. BARRASSO) were added as co- amendment No. 787 proposed to S. Con. year 2009, and setting forth the appro- sponsors of amendment No. 755 pro- Res. 13, an original concurrent resolu- priate budgetary levels for fiscal years posed to S. Con. Res. 13, an original tion setting forth the congressional 2011 through 2014. concurrent resolution setting forth the budget for the United States Govern- AMENDMENT NO. 819 congressional budget for the United ment for fiscal year 2010, revising the At the request of Mr. JOHANNS, his States Government for fiscal year 2010, appropriate budgetary levels for fiscal name was added as a cosponsor of revising the appropriate budgetary lev- year 2009, and setting forth the appro- amendment No. 819 proposed to S. Con. els for fiscal year 2009, and setting priate budgetary levels for fiscal years Res. 13, an original concurrent resolu- forth the appropriate budgetary levels 2011 through 2014. tion setting forth the congressional for fiscal years 2011 through 2014. AMENDMENT NO. 792 budget for the United States Govern- AMENDMENT NO. 764 At the request of Mr. ALEXANDER, the ment for fiscal year 2010, revising the At the request of Mr. CARPER, the names of the Senator from Texas (Mr. appropriate budgetary levels for fiscal name of the Senator from Oklahoma CORNYN) and the Senator from North year 2009, and setting forth the appro- (Mr. COBURN) was added as a cosponsor Carolina (Mr. BURR) were added as co- priate budgetary levels for fiscal years of amendment No. 764 proposed to S. sponsors of amendment No. 792 pro- 2011 through 2014. Con. Res. 13, an original concurrent posed to S. Con. Res. 13, an original AMENDMENT NO. 821 resolution setting forth the congres- concurrent resolution setting forth the At the request of Mr. ENZI, the name sional budget for the United States congressional budget for the United of the Senator from Wyoming (Mr. Government for fiscal year 2010, revis- States Government for fiscal year 2010, BARRASSO) was added as a cosponsor of ing the appropriate budgetary levels revising the appropriate budgetary lev- amendment No. 821 intended to be pro- for fiscal year 2009, and setting forth els for fiscal year 2009, and setting posed to S. Con. Res. 13, an original

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.181 S02APPT1 rfrederick on PROD1PC67 with SENATE S4314 CONGRESSIONAL RECORD — SENATE April 2, 2009 concurrent resolution setting forth the be proposed to S. Con. Res. 13, an origi- AMENDMENT NO. 881 congressional budget for the United nal concurrent resolution setting forth At the request of Mr. DORGAN, the States Government for fiscal year 2010, the congressional budget for the United name of the Senator from Arkansas revising the appropriate budgetary lev- States Government for fiscal year 2010, (Mrs. LINCOLN) was added as a cospon- els for fiscal year 2009, and setting revising the appropriate budgetary lev- sor of amendment No. 881 proposed to forth the appropriate budgetary levels els for fiscal year 2009, and setting S. Con. Res. 13, an original concurrent for fiscal years 2011 through 2014. forth the appropriate budgetary levels resolution setting forth the congres- AMENDMENT NO. 825 for fiscal years 2011 through 2014. sional budget for the United States At the request of Mr. ENZI, the name AMENDMENT NO. 870 Government for fiscal year 2010, revis- of the Senator from Nebraska (Mr. At the request of Mr. THUNE, the ing the appropriate budgetary levels JOHANNS) was added as a cosponsor of name of the Senator from Colorado for fiscal year 2009, and setting forth amendment No. 825 intended to be pro- (Mr. BENNET) was added as a cosponsor the appropriate budgetary levels for posed to S. Con. Res. 13, an original of amendment No. 870 proposed to S. fiscal years 2011 through 2014. concurrent resolution setting forth the Con. Res. 13, an original concurrent AMENDMENT NO. 890 congressional budget for the United resolution setting forth the congres- At the request of Mr. BARRASSO, the States Government for fiscal year 2010, sional budget for the United States name of the Senator from Idaho (Mr. revising the appropriate budgetary lev- Government for fiscal year 2010, revis- CRAPO) was added as a cosponsor of els for fiscal year 2009, and setting ing the appropriate budgetary levels amendment No. 890 proposed to S. Con. forth the appropriate budgetary levels for fiscal year 2009, and setting forth Res. 13, an original concurrent resolu- for fiscal years 2011 through 2014. the appropriate budgetary levels for tion setting forth the congressional AMENDMENT NO. 838 fiscal years 2011 through 2014. budget for the United States Govern- At the request of Mr. DORGAN, the AMENDMENT NO. 872 ment for fiscal year 2010, revising the names of the Senator from Arkansas At the request of Mr. DODD, the appropriate budgetary levels for fiscal (Mrs. LINCOLN) and the Senator from names of the Senator from New York year 2009, and setting forth the appro- Delaware (Mr. KAUFMAN) were added as (Mr. SCHUMER), the Senator from priate budgetary levels for fiscal years cosponsors of amendment No. 838 pro- Vermont (Mr. SANDERS) and the Sen- 2011 through 2014. posed to S. Con. Res. 13, an original ator from Delaware (Mr. KAUFMAN) AMENDMENT NO. 904 concurrent resolution setting forth the were added as cosponsors of amend- At the request of Mr. LIEBERMAN, the congressional budget for the United ment No. 872 proposed to S. Con. Res. names of the Senator from South Da- States Government for fiscal year 2010, 13, an original concurrent resolution kota (Mr. THUNE), the Senator from revising the appropriate budgetary lev- setting forth the congressional budget Alaska (Mr. BEGICH) and the Senator for the United States Government for els for fiscal year 2009, and setting from South Carolina (Mr. GRAHAM) forth the appropriate budgetary levels fiscal year 2010, revising the appro- were added as cosponsors of amend- for fiscal years 2011 through 2014. priate budgetary levels for fiscal year ment No. 904 proposed to S. Con. Res. 2009, and setting forth the appropriate AMENDMENT NO. 841 13, an original concurrent resolution budgetary levels for fiscal years 2011 At the request of Ms. MURKOWSKI, the setting forth the congressional budget through 2014. names of the Senator from New Mexico for the United States Government for AMENDMENT NO. 873 (Mr. BINGAMAN) and the Senator from fiscal year 2010, revising the appro- At the request of Mrs. LINCOLN, the Minnesota (Ms. KLOBUCHAR) were added priate budgetary levels for fiscal year name of the Senator from South Da- as cosponsors of amendment No. 841 2009, and setting forth the appropriate kota (Mr. THUNE) was added as a co- proposed to S. Con. Res. 13, an original budgetary levels for fiscal years 2011 sponsor of amendment No. 873 proposed concurrent resolution setting forth the through 2014. to S. Con. Res. 13, an original concur- congressional budget for the United AMENDMENT NO. 905 rent resolution setting forth the con- States Government for fiscal year 2010, gressional budget for the United States At the request of Ms. SNOWE, the revising the appropriate budgetary lev- Government for fiscal year 2010, revis- name of the Senator from Missouri els for fiscal year 2009, and setting ing the appropriate budgetary levels (Mr. BOND) was added as a cosponsor of forth the appropriate budgetary levels for fiscal year 2009, and setting forth amendment No. 905 intended to be pro- for fiscal years 2011 through 2014. the appropriate budgetary levels for posed to S. Con. Res. 13, an original AMENDMENT NO. 843 fiscal years 2011 through 2014. concurrent resolution setting forth the OHANNS congressional budget for the United At the request of Mr. J , his AMENDMENT NO. 875 States Government for fiscal year 2010, name was added as a cosponsor of At the request of Mr. SANDERS, the amendment No. 843 intended to be pro- name of the Senator from Kentucky revising the appropriate budgetary levels for fiscal year 2009, and setting posed to S. Con. Res. 13, an original (Mr. BUNNING) was added as a cosponsor concurrent resolution setting forth the of amendment No. 875 proposed to S. forth the appropriate budgetary levels congressional budget for the United Con. Res. 13, an original concurrent for fiscal years 2011 through 2014. States Government for fiscal year 2010, resolution setting forth the congres- AMENDMENT NO. 916 revising the appropriate budgetary lev- sional budget for the United States At the request of Mr. TESTER, the els for fiscal year 2009, and setting Government for fiscal year 2010, revis- names of the Senator from West Vir- forth the appropriate budgetary levels ing the appropriate budgetary levels ginia (Mr. ROCKEFELLER) and the Sen- for fiscal years 2011 through 2014. for fiscal year 2009, and setting forth ator from New Mexico (Mr. UDALL) AMENDMENT NO. 852 the appropriate budgetary levels for were added as cosponsors of amend- At the request of Mr. JOHANNS, his fiscal years 2011 through 2014. ment No. 916 proposed to S. Con. Res. name was added as a cosponsor of AMENDMENT NO. 876 13, an original concurrent resolution amendment No. 852 intended to be pro- At the request of Mrs. LINCOLN, the setting forth the congressional budget posed to S. Con. Res. 13, an original names of the Senator from New Hamp- for the United States Government for concurrent resolution setting forth the shire (Mrs. SHAHEEN) and the Senator fiscal year 2010, revising the appro- congressional budget for the United from Louisiana (Ms. LANDRIEU) were priate budgetary levels for fiscal year States Government for fiscal year 2010, added as cosponsors of amendment No. 2009, and setting forth the appropriate revising the appropriate budgetary lev- 876 proposed to S. Con. Res. 13, an budgetary levels for fiscal years 2011 els for fiscal year 2009, and setting original concurrent resolution setting through 2014. forth the appropriate budgetary levels forth the congressional budget for the AMENDMENT NO. 920 for fiscal years 2011 through 2014. United States Government for fiscal At the request of Mr. MENENDEZ, the AMENDMENT NO. 864 year 2010, revising the appropriate name of the Senator from Maryland At the request of Mr. ENSIGN, the budgetary levels for fiscal year 2009, (Mr. CARDIN) was added as a cosponsor name of the Senator from Nebraska and setting forth the appropriate budg- of amendment No. 920 intended to be (Mr. JOHANNS) was added as a cospon- etary levels for fiscal years 2011 proposed to S. Con. Res. 13, an original sor of amendment No. 864 intended to through 2014. concurrent resolution setting forth the

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.182 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4315 congressional budget for the United ‘‘landless communities,’’ were not per- S. 785. A bill to establish a grant pro- States Government for fiscal year 2010, mitted by the Alaska Native Claims gram to encourage retooling of entities revising the appropriate budgetary lev- Settlement Act to form village or in the timber industry in Alaska, and els for fiscal year 2009, and setting urban corporations. These commu- for other purposes; to the Committee forth the appropriate budgetary levels nities were excluded from this benefit on Environment and Public Works. for fiscal years 2011 through 2014. even though they did not differ signifi- Ms. MURKOWSKI. Mr. President, I AMENDMENT NO. 921 cantly from other communities in rise to speak about a bill that I have At the request of Mr. MENENDEZ, the Southeast Alaska that were permitted introduced, the Southeast Alaska Tim- names of the Senator from Maryland to form village or urban corporations ber Industry Retooling and Restruc- (Mr. CARDIN) and the Senator from New under the Alaska Native Claims Settle- turing Act, which is intended to stimu- Jersey (Mr. LAUTENBERG) were added as ment Act. For example, Ketchikan had late employment in Southeast Alaska, cosponsors of amendment No. 921 pro- more Native residents in 1970, the year by helping firms that have focused on posed to S. Con. Res. 13, an original of a member census, than Juneau, the region’s timber industry to mod- concurrent resolution setting forth the which was permitted to form the ernize or branch out into new indus- congressional budget for the United Goldbelt urban corporation. This find- tries. States Government for fiscal year 2010, ing was confirmed in a February 1994 In 1954, the US Department of Agri- revising the appropriate budgetary lev- report submitted by the Secretary of culture encouraged the development of els for fiscal year 2009, and setting the Interior at the direction of the a sawmill and pulp mill timber indus- forth the appropriate budgetary levels Congress. That study was conducted by try in the Tongass National Forest in for fiscal years 2011 through 2014. the Institute of Social and Economic Southeast Alaska, which at 16.98 mil- f Research at the University of Alaska. lion acres is the largest national forest The Native people of Southeast Alas- in America. From the startup of the STATEMENTS ON INTRODUCED pulp mills in Ketchikan and in Sitka in BILLS AND JOINT RESOLUTIONS ka have recognized the injustice of this oversight for more than 34 years. An 1961 to passage of the Alaska National By Ms. MURKOWSKI: independent study issued more than 12 Interest Lands Conservation Act in S. 784. A bill to provide for the rec- years ago confirms that the grievance 1980, the Tongass was producing about ognition of certain Native commu- of the landless communities is legiti- 600 million board feet of timber a year, nities and the settlement of certain mate. Legislation has been introduced generating 3,500 direct and 2,500 indi- claims under the Alaska Native Claims in the past sessions of Congress to rem- rect jobs and providing the largest Settlement Act, and for other pur- edy this injustice. Hearings have been number of year-round jobs in the re- poses; to the Committee on Energy and held and reports written. Yet legisla- gion. Natural Resources. tion to right the wrong has inevitably But following passage of ANILCA Ms. MURKOWSKI. Mr. President, I stalled out. This December marks the that created 14 wilderness areas cov- rise to introduce a bill to allow five 38th anniversary of Congress’ promise ering about 4.9 million acres and the Southeast Alaska communities to fi- to the Native peoples of Alaska, the follow up Tongass Timber Reform Act nally be allowed to form urban cor- promise of a rapid and certain settle- of 1990 that placed another 727,762 acres porations under the terms of 1971’s ment. And still the landless commu- into protected non-roaded status and Alaska Native Claims Settlement Act, nities of Southeast Alaska are landless. created another 12 wilderness areas the Unrecognized Southeast Alaska I am convinced that this cause is containing 300,000 acres, the timber Native Communities Recognition and just, it is right, and it is about time harvest and thus timber industry-re- Compensation Act. lated employment plummeted in the At the very beginning of the Alaska that the Native peoples of the five landless communities receive what has region—an area nearly the size of Native Claims Settlement Act of 1971 Maine. While the two pulp mills closed there are a series of findings and dec- been denied them for so long. The legislation that I am introducing in the mid 1990’s, sawmills have tried larations of congressional policy that to survive on the then anticipated 268 explain the underpinnings of this land- today would enable the Native peoples of the five ‘‘landless communities’’ to mmbf of allowable timber harvest. But mark legislation. a litany of Federal forest policy The first clause reads, ‘‘There is an organize five ‘‘urban corporations,’’ changes from the Clinton-era roadless immediate need for a fair and just set- one for each unrecognized community. policy, to changes in Forest Service tlement of all claims by Natives and These newly formed corporations sale and road policies, to sale delays Native groups of Alaska, based on ab- would be offered and could accept the original land claims.’’ The second surface estate to 23,040 acres of land— caused by litigation have resulted in clause states, ‘‘The settlement should one township as granted all other vil- harvest levels falling to 28 million be accomplished rapidly, with cer- lage corporations. Sealaska Corpora- board feet from Federal lands and less tainty, in conformity with the real eco- tion, the regional Alaska Native Cor- than 50 million from private lands in nomic and social needs of Natives.’’ poration for Southeast Alaska, would 2008. That harvest level is far below the Mr. President, 37, going on 38, years receive title to the subsurface estate to 192 mmbf reached in 2006 and about half have passed since the Alaska Native the designated lands. The urban cor- of the 144 mmbf of 2007. Recent years Claims Settlement Act became law and porations would each receive a lump have been drastically down from the still the Native peoples of five commu- sum payment to be used as start-up 495 million board feet harvested from nities in Southeast Alaska—Ketchikan, funds for the newly established cor- all lands as recently as 1997. Wrangell, Petersburg, Tenakee and poration. The Secretary of the Interior Year round timber employment, ac- Haines—the five ‘‘landless commu- would determine other appropriate cording to U.S. Forest Service in 2007, nities’’ are still waiting for their fair compensation to redress the inequities the last year of current full data, was and just settlement. faced by the unrecognized commu- 402 jobs, just 13 percent of the employ- The Alaska Native Claims Settle- nities. ment of a decade earlier. The impacts ment Act awarded $966 million and 44 It is long past time that we return to on the region’s economy have been million acres of land to Alaska Natives the Native peoples of Southeast Alaska clearly documented. According to a re- and provided for the establishment of a small slice of the aboriginal lands port by The McDowell Group consult- Native Corporations to receive and that were once theirs alone. It is time ants, total timber-related payroll in manage such funds and lands. The that we open our minds and open our 2007 hit just $17 million, compared to beneficiaries of the settlement were hearts to correcting this injustice that $300 million in 1990. Currently, accord- issued stock in one of 13 regional Alas- has gone on far too long and finally ing to the State of Alaska, unemploy- ka Native corporations—12 based in give the Native peoples of Southeast ment in December 2008 has reached 16.5 Alaska. Most beneficiaries also had the Alaska the rapid and certain settle- percent on Prince of Wales Island, the option to enroll and receive stock in a ment for which they have been waiting. resource base for traditional southern village, group or urban corporation. timber operations, and 24.6 percent in For reasons that still defy clear ex- By Ms. MURKOWSKI (for herself the Hoonah and Angoon area, the planation the Native peoples of the and Mr. BEGICH): former resource base for central timber

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.183 S02APPT1 rfrederick on PROD1PC67 with SENATE S4316 CONGRESSIONAL RECORD — SENATE April 2, 2009 operations—three times the rising na- By Mr. AKAKA (for himself, Mr. My bill authorizes grants intended to tional average. SCHUMER, Mr. INOUYE, and Mr. help low- and moderate-income This bill is a measure that calls on LIEBERMAN): unbanked individuals establish bank or the Federal Government to finally ac- S. 786. A bill to authorize a grant pro- credit union accounts. Providing access knowledge its role in the reduction of gram to provide for expanded access to to a bank or credit union account can economic activity in the region. By the mainstream financial institutions; to empower families with tremendous fi- act, the Government would on a one- the Committee on Banking, Housing, nancial opportunities. An account at a time basis, allow the Secretary of Agri- and Urban Affairs. bank or credit union provides con- Mr. AKAKA. Mr. President, today I culture to provide grants to allow ex- sumers with alternatives to rapid re- am reintroducing the Improving Access isting timber facilities to retool either fund loans, check cashing services, and to Mainstream Financial Institutions to adopt new timber production prac- high cost remittances. In addition, Act of 2009. This bill provides economic tices that can operate profitably on far bank and credit union accounts provide empowerment and educational oppor- access to saving and borrowing serv- smaller harvests or to convert timber tunities for working families by help- plants to totally new types of manufac- ices. ing bank the unbanked and increasing Low- and moderate-income individ- turing/business operations, leaving access to financial literacy opportuni- timber-dependent work. Firms—saw- uals are often challenged with a num- ties. It will also encourage the use of ber of barriers that limit their ability mills, logging companies and road con- mainstream financial institutions for struction companies involved in timber to open and maintain accounts. Reg- working families that need small ular checking accounts may be too work for at least a decade—that seek loans. I thank my cosponsors, Senators funding for ‘‘retooling projects’’ must costly for some consumers unable to SCHUMER, INOUYE, and LIEBERMAN. maintain minimum balances or unable submit business plans and demonstrate Too many Americans lack basic fi- the likelihood of success. More impor- to afford monthly fees. Poor credit his- nancial literacy. Americans of all ages tories may also hinder their ability to tantly they must commit to the ‘‘ex- and backgrounds face increasingly tent practicable’’ to continue to em- open accounts. By providing Federal complex financial decisions as mem- resources for product development, ad- ploy substantially the same number of bers of the nation’s workforce, man- ministration, outreach, and financial employees for a ‘‘reasonable’’ period agers of their families’ resources, and education, banks and credit unions will after completion of a retooling project. voting citizens. Many find these deci- be better able to reach out and bank To limit the impact of the aid, grants sions confusing and frustrating because may only go to businesses hat operated the unbanked. they lack the tools necessary that The second grant program authorized in the Tongass for not less than 10 would enable them to make wise, per- by my legislation provides consumers years prior to Jan. 1, 2009. The program sonal choices about their finances. with a lower cost, short term alter- sunsets within 2 years with the max- Without a sufficient understanding of native to payday loans. More needs to imum authorization of aid being $40 economics and personal finance, indi- be done to encourage mainstream fi- million subject to appropriation. viduals will not be able to appro- nancial service providers to develop af- priately manage their finances, effec- The bill would allow companies that fordable small loan products. My legis- used to build Forest Service timber tively evaluate credit opportunities, successfully invest for long-term finan- lation will help support the develop- roads, for example, to buy more appro- ment of affordable credit products at priate equipment to bid on Federal cial goals in an increasingly complex marketplace, or be able to cope with bank and credit unions. Working fami- highway work and water and sewer line lies would be better off by going to work. It could help firms move into difficult financial situations. Unfortu- nately, today too many working fami- their credit unions and banks, main- sand and gravel operations. It could stream financial services providers, allow sawmills with water access to be lies are struggling as they are con- fronted with increases in energy and than payday loan shops. Payday loans converted to marine repair facilities or are cash loans repaid by borrowers’ into wood treatment plants. And it food costs or the loss of a job. We must work toward improving edu- postdated checks or borrowers’ author- might allow some mills to convert to izations to make electronic debits higher value-added products requiring cation, consumer protections, and empowering individuals and families against existing financial accounts. less raw materials, like door and win- Payday loans often have triple digit in- dow sash manufacturing. through economic and financial literacy in order to build stronger fami- terest rates that range from 390 per- The changes would ease environ- lies, businesses, and communities. The cent to 780 percent when expressed as mental pressures on timber stands, bill that I am introducing today would an annual percentage rate. Loan flip- while aiding the economy by helping to help to educate, empower and protect ping, which is a common practice, is replace the former year-round jobs in a consumers. the renewing of loans at maturity by region now nearly solely dependent on Millions of working families do not paying additional fees without any fishing and tourism income, besides have a bank or credit union account. principal reduction. Loan flipping government-sector spending, for em- The unbanked rely on alternative fi- often leads to instances where the fees ployment. In a region where non-gov- nancial service providers to obtain paid for a payday loan well exceed the ernment jobs are precious, it could cash from checks, pay bills, and send principal borrowed. This situation stimulate job retention and help create remittances. Many of the unbanked are often creates a cycle of debt that is new employment. At a time when Con- low- and moderate-income families hard to break. gress is contemplating spending nearly that can ill afford to have their earn- There is a great need for working $1 trillion to stimulate employment, ings diminished by reliance on these families to have access to affordable this measure is a reasonable expendi- high-cost and often predatory financial small loans. My legislation would en- ture to help potentially transition em- services. Among those families who courage banks and credit unions to de- ployees to 21st century jobs. The Fed- make up the bottom 20 percent of earn- velop payday loan alternatives. Con- eral Government was the leading advo- ers, one in four does not have a trans- sumers who apply for these loans would cate for the establishment of a pulp- action account according to the Fed- be provided with financial literacy and timber industry in the region following eral Reserve’s Survey of Consumer Fi- educational opportunities. Loans ex- World War II. It is more than fitting nances. Indeed, the unbanked are often tended to consumers under the grant that it provide more assistance to help among the most vulnerable. More than would be subject to the annual percent- the region transition to a new era of 15 percent of families headed by a sin- age rate promulgated by the National reduced timber harvests—an era gle parent are unbanked. The unbanked Credit Union Administration’s, Loan prompted by major environmental leg- are unable to save securely to prepare Interest Rates. Several credit unions islation that this Congress passed in for the loss of a job, a family illness, a have developed similar products. 1980 and 1990 that is largely responsible down payment on a first home, or edu- I will work to enact this legislation for the sharp drop in timber harvests. I cation expenses making it difficult for so vital to empowering our citizens. In hope this body will give fair and swift these individuals to better their fi- our current, modern, complex econ- consideration to this measure. nances. omy, not having a bank or credit union

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.201 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4317 account severely hinders the ability of section 4 of the Indian Self-Determination SEC. 5. PROCEDURAL PROVISIONS. families to improve their financial con- and Education Assistance Act (25 U.S.C. (a) APPLICATIONS.—A person desiring a dition or help them navigate difficult 450b). grant under section 3 or 4 shall submit an ap- financial circumstances. Instead of SEC. 3. EXPANDED ACCESS TO MAINSTREAM FI- plication to the Secretary, in such form and NANCIAL INSTITUTIONS. containing such information as the Sec- borrowing money from payday lenders retary may require. at outrageous fees, we need to encour- (a) ESTABLISHMENT OF PROGRAM.—The Sec- retary is authorized to award grants, includ- (b) LIMITATION ON ADMINISTRATIVE COSTS.— age people to utilize their credit unions ing multi-year grants, to eligible entities to A recipient of a grant under section 3 or 4 and banks for affordable small loans. establish an account in a federally insured may use not more than 6 percent of the total Banks and credit unions have the abil- depository institution for low- and mod- amount of such grant in any fiscal year for ity to make the lives of working fami- erate-income individuals that currently do the administrative costs of carrying out the lies better by helping them save, not have such an account. programs funded by such grant in such fiscal Mr. President, I ask unanimous con- (b) ELIGIBLE ENTITIES.—An entity is eligi- year. sent that the text of the bill be printed ble to receive a grant under this section, if SEC. 6. AUTHORIZATION OF APPROPRIATIONS. in the RECORD. such an entity is— There are authorized to be appropriated to There being no objection, the text of (1) an organization described in section the Secretary, such sums as are necessary to the bill was ordered to be printed in 501(c)(3) of the Internal Revenue Code of 1986, carry out the grant programs authorized by and is exempt from taxation under section this Act, to remain available until expended. the RECORD, as follows: 501(a) of such Code; S. 786 SEC. 7. REGULATIONS. (2) a federally insured depository institu- The Secretary is authorized to promulgate Be it enacted by the Senate and House of Rep- tion; regulations to implement and administer the resentatives of the United States of America in (3) an agency of a State or local govern- grant programs authorized by this Act. Congress assembled, ment; SECTION 1. SHORT TITLE. (4) a community development financial in- By Mr. FEINGOLD (for himself, This Act may be cited as the ‘‘Improving stitution; Mrs. BOXER, Mr. CARDIN, Mr. Access to Mainstream Financial Institutions (5) an Indian tribal organization; BROWN, Ms. CANTWELL. Mr. Act of 2009’’. (6) an Alaska Native Corporation; SEC. 2. DEFINITIONS. (7) a Native Hawaiian organization; CARPER, Mr. DODD, Mr. DURBIN, In this Act, the following definitions shall (8) a labor organization; or Mrs. GILLIBRAND, Mr. KERRY, apply: (9) a partnership comprised of 1 or more of Mr. KOHL, Mr. LAUTENBERG, Mr. (1) ALASKA NATIVE CORPORATION.—The term the entities described in the preceding sub- LEAHY, Mr. LEVIN, Mr. ‘‘Alaska Native Corporation’’ has the same paragraphs. LIEBERMAN, Mr. MENENDEZ, Mr. meaning as the term ‘‘Native Corporation’’ (c) EVALUATION AND REPORTS TO CON- under section 3(m) of the Alaska Native MERKLEY, Mr. REED, Mr. SAND- GRESS.—For each fiscal year in which a grant ERS, Mr. SCHUMER, Mrs. Claims Settlement Act (43 U.S.C. 1602(m)). is awarded under this section, the Secretary SHAHEEN, Ms. STABENOW, Mr. (2) COMMUNITY DEVELOPMENT FINANCIAL IN- shall submit a report to Congress containing STITUTION.—The term ‘‘community develop- a description of the activities funded, WHITEHOUSE, and Mr. WYDEN): ment financial institution’’ has the same amounts distributed, and measurable results, S. 787. A bill to amend the Federal meaning as in section 103(5) of the Commu- as appropriate and available. Water Pollution Control Act to clarify nity Development Banking and Financial In- the jurisdiction of the United States stitutions Act of 1994 (12 U.S.C. 4702(5)). SEC. 4. LOW COST ALTERNATIVES TO PAYDAY LOANS. over waters of the United States; to (3) FEDERALLY INSURED DEPOSITORY INSTI- (a) ESTABLISHMENT OF PROGRAM.—The Sec- TUTION.—The term ‘‘federally insured deposi- the Committee on Environment and tory institution’’ means any insured deposi- retary is authorized to award demonstration Public Works. tory institution (as that term is defined in project grants (including multi-year grants) Mr. FEINGOLD. Mr. President, today section 3 of the Federal Deposit Insurance to eligible entities to provide low-cost, small I am introducing legislation to restore loans to consumers that will provide alter- Act (12 U.S.C. 1813)) and any insured credit Clean Water Act protections for the union (as that term is defined in section 101 natives to more costly, predatory payday loans. same waters that were covered by the of the Federal Credit Union Act (12 U.S.C. Act prior to two recent divisive U.S. 1752)). (b) ELIGIBLE ENTITIES.—An entity is eligi- Supreme Court decisions. I want to (4) LABOR ORGANIZATION.—The term ‘‘labor ble to receive a grant under this section if organization’’ means an organization— such an entity is— thank Senators BOXER, CARDIN, BROWN, (A) in which employees participate; (1) an organization described in section CANTWELL, CARPER, DODD, DURBIN, (B) which exists for the purpose, in whole 501(c)(3) of the Internal Revenue Code of 1986 GILLIBRAND, KERRY, KOHL, LAUTEN- and exempt from tax under section 501(a) of or in part, of dealing with employers con- BERG, LEAHY, LEVIN, LIEBERMAN, such Code; cerning grievances, labor disputes, wages, MENENDEZ, MERKLEY, REED, SANDERS, rates of pay, hours of employment, or condi- (2) a federally insured depository institu- SCHUMER, SHAHEEN, STABENOW, tions of work; and tion; (C) which is described in section 501(c)(5) of (3) a community development financial in- WHITEHOUSE, and WYDEN for joining me the Internal Revenue Code of 1986. stitution; or in introducing this important legisla- (5) NATIVE HAWAIIAN ORGANIZATION.—The (4) a partnership comprised of 1 or more of tion. term ‘‘Native Hawaiian organization’’ means the entities described in paragraphs (1) For 35 years, the American people any organization that— through (3). have relied upon the Clean Water Act (A) serves and represents the interests of (c) TERMS AND CONDITIONS.— to protect and restore the health of the Native Hawaiians; and (1) PERCENTAGE RATE.—For purposes of this Nation’s waters. The primary goal of section, an eligible entity that is a federally (B) has as a primary and stated purpose, the act to make rivers, streams, wet- the provision of services to Native Hawai- insured depository institution shall be sub- ians. ject to the annual percentage rate promul- lands, lakes, and coastal waters safe (6) PAYDAY LOAN.—The term ‘‘payday loan’’ gated by the National Credit Union Adminis- for fishing, swimming and other recre- means any transaction in which a small cash tration’s Loan Interest Rates under part 701 ation, suitable for our drinking water advance is made to a consumer in exchange of title 12, Code of Federal Regulations (or supply and agricultural and industrial for— any successor thereto), in connection with a uses, and available for wildlife and fish (A) the personal check or share draft of the loan provided to a consumer pursuant to this habitat has broad public support not consumer, in the amount of the advance plus section. only as a worthy endeavor but also as a fee, where presentment or negotiation of (2) FINANCIAL LITERACY AND EDUCATION OP- such check or share draft is deferred by PORTUNITIES.—Each eligible entity awarded a a fundamental expectation of Govern- agreement of the parties until a designated grant under this section shall offer financial ment providing for its citizens. It is future date; or literacy and education opportunities, such as our responsibility to ensure that our (B) the authorization of the consumer to relevant counseling services or educational freshwater resources are able to en- debit the transaction account or share draft courses, to each consumer provided with a hance human health, contribute to the account of the consumer, in the amount of loan pursuant to this section. economy, and help the environment. the advance plus a fee, where such account (d) EVALUATION AND REPORTS TO CON- We must remain committed to the will be debited on or after a designated fu- GRESS.—For each fiscal year in which a grant Clean Water Act of 1972, and to that ture date. is awarded under this section, the Secretary (7) SECRETARY.—The term ‘‘Secretary’’ shall submit a report to Congress containing end, Congress must enact legislation. means the Secretary of the Treasury. a description of the activities funded, Every day that Congress fails to act, (8) TRIBAL ORGANIZATION.—The term ‘‘trib- amounts distributed, and measurable results, more and more rivers, streams, wet- al organization’’ has the same meaning as in as appropriate and available. lands and other waters that have long

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.036 S02APPT1 rfrederick on PROD1PC67 with SENATE S4318 CONGRESSIONAL RECORD — SENATE April 2, 2009 been protected by the Clean Water Act United States’’ and puts it into law, in In short, my bill will allow those wa- are being stripped of their Clean Water lieu of defining ‘‘navigable waters’’ as ters always protected by the Clean Act protections and being polluted or ‘‘waters of the United States,’’ as the Water Act to continue to receive basic destroyed altogether. According to the Act does now. This surgical fix is nec- protections. I appreciate the depth and Environmental Protection Agency, essary because the Supreme Court used breadth of support for reaffirming the over 20,000 determinations have been the word ‘‘navigable’’ to create a more Clean Water Act of 1972 and impor- made since the court decisions on narrow definition for ‘‘waters of the tantly, rejecting efforts to roll back whether specific water bodies are cov- United States’’ than the definition the law. ered by the act. Congress should not used for over 30 years. The Court did Mr. WYDEN. Mr. President, If there delay action until protections are not, however, limit protections more is one environmental issue that divides stripped from more water bodies drastically to only ‘‘navigable-in-fact’’ us more than unites us, it’s water, es- throughout the country. The EPA esti- and continuously flowing waters as pecially in the West. mates that the court decisions could some interests have called for. This Farmers, ranchers, cities, towns, all ultimately impact over half the stream might have been the law in 1899 when compete for limited supplies. Salmon miles and 20 percent of wetlands in the the Rivers and Harbors Act focused on and other economically and culturally lower 48 States. Lost protections for commercial navigation, but it would be important fish depend on its flow. If it these waters means the drinking water entirely inappropriate for the modern is not water quantity, then it is water sources for over 110 million Americans day clean water protections provided quality that makes what gets passed are in jeopardy of pollution. by the Clean Water Act of 1972. on to the next water user the source of The Clean Water Restoration Act My bill also asserts appropriate con- contention. must be enacted to restore historical stitutional authority to protect the The Clean Water Act has been enor- protections, using a surgical fix that Nation’s waters. Despite claims to the mously successful at making water reaffirms protections for the same cat- contrary, Congress has broad constitu- users clean up the water that they use egories of waters identified in the over tional authority, including under the before it is discharged back into lakes, three-decade-old EPA regulatory defi- Commerce Clause, Property Clause, rivers, and streams, and, before it’s nition of ‘‘waters of the United Treaty Clause, and Necessary and used by the next person downstream. It States.’’ Proper Clause, to enact laws protecting has also helped ensure the survival of This is a serious problem, demanding our nation’s water quality. To prevent fish and wildlife. serious debate and action. If we do not future courts from narrowly applying Over the past 8 years, the U.S. Su- act, we will be allowing the Clean Congress’s constitutional authority, preme Court has rendered two major Water Act to be rolled back. That my bill includes the phrase ‘‘activities decisions that have restricted the scope would mean increased uncertainty, affecting those waters.’’ of the Act. As it is now being inter- confusion, litigation, and permitting My bill also maintains existing ex- preted by the U.S. Environmental Pro- delays resulting from the court deci- emptions for farming, silviculture, tection Agency and the Corps of Engi- sions and subsequent agency guide- ranching, and other activities, and neers, the Act no longer prevents the lines. It also would pose a very real leaves unchanged the activities that discharge of pollution or fill into many threat to Clean Water Act protections require a permit. The bill only ensures wetlands or intermittent streams, for public water supplies, industrial that the same types of waters covered lakes and ponds. By some estimates, and agriculture uses, fish and wildlife, before the Supreme Court decisions more than half the streams in Oregon and recreation. continue to be protected and does not could be classified as intermittent I am pleased to lead the effort to pro- affect the activities that require per- streams and no longer protected. An- tect the Clean Water Act in the Senate, mits. In short, if you have not needed a other estimate concludes that over one and to have support from a range of in- permit for the last thirty-five years for million Oregonians get their drinking terested parties, including former EPA an activity, you will not need one when water from sources that would no Administrators from both Republican this bill is enacted. longer be fully protected by the Clean and Democratic administrations; gov- Importantly, in 1977, when the Act Water Act. I think this is the wrong ernors; attorneys general; State agen- was modified, a significant compromise thing to do. cies; professional societies and associa- was reached to exempt farming, Last year, I cosponsored S. 1870—the tions; labor and business professionals silviculture, and forestry activities Clean Water Restoration Act—legisla- and unions; farming organizations; and from the Act. I stand by this under- tion which was intended to return the over 400 hunting, fishing, recreational, standing, and just to be sure, the Clean protections of the Clean Water Act to and conservation organizations. Water Restoration Act explicitly states the way they were before these two Su- In response to suggestions I received that the Act’s existing exemptions are preme Court decisions occurred. No last Congress, I made several revisions maintained. As stated in the Act and more, and no less. to the bill to make Congressional in- left unchanged by my bill, agricultural In my town hall meetings around Or- tent very clear. activities are largely exempt from the egon, I have received questions and My bill, the Clean Water Restoration Clean Water Act [the main permitting complaints about this legislation. The Act, would continue to protect only programs affecting agriculture address biggest concern that many people had those waters historically protected by point-source discharge, Section 402, not was that this new bill was actually the Clean Water Act prior to the Su- non-point, and the dredging and filling going to expand the reach of the Fed- preme Court decisions. This is the crux of waters, Section 404. The following eral Government over water regulation of my bill, Section 4. In 1972, Congress agricultural activities are exempt: nor- in ways that would literally threaten granted Clean Water Act protections to mal farming activities (which casts a the ability of farmers to farm and ‘‘navigable waters’’ and broadly defined wide net for plowing, cultivating, har- ranchers to ranch. People were also those as ‘‘the waters of the United vesting, conservation practices, etc.), concerned that this legislation would States, including the territorial seas’’, agriculture run-off/stormwater dis- not only regulate discharges into rivers in stark contrast to the 1899 Rivers and charges, return flows from irrigation, and streams, but it would also regulate Harbors Act, which had only provided maintenance and construction of farm the quantity of water they use. protections for the commercially navi- roads, farm and stock ponds, and irri- I am no supporter of Federal water gable waters. Since the 1970s, EPA and gation ditches, and maintenance of grabs. I would not have cosponsored Corps regulations, 40 CFR 122.2 and 33 drainage ditches. There are additional this legislation in the last Congress if CFR 328.3, have properly established EPA regulatory exemptions for prior it would threaten Oregon farmers’ abil- the scope of ‘‘waters of the United converted cropland, and wastewater ity to farm or our ranchers’ ability to States’’ to be protected, including all treatment systems, including treat- ranch. I would have opposed it. intrastate and interstate rivers, ment lagoons and ponds. Again, my bill Ranchers and farmers and forest streams, lakes, and wetlands. My bill does not affect these exemptions and owners know how to be stewards of the simply takes the longstanding, existing the findings make Congressional intent land they ranch and farm and manage regulatory definition for ‘‘waters of the very clear in this regard. because their livelihoods depend on it,

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.037 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4319 and if they are not careful about how There being no objection, the mate- subsequent agency guidance. In order to they manage that land there will be rial was ordered to be placed in the meet the intent and purpose of the Clean nothing to pass on to the next genera- RECORD, as follows: Water Act of 1972, we must ensure all these waters continue to be protected—which is tion. The same is true for how we must U.S. SENATE, treat our rivers, streams and wetlands. why the Clean Water Restoration Act defines Washington, DC, January 8, 2009. ‘‘waters of the United States’’ using the So over the past few months, my Hon. RON WYDEN, same list of waters. staff and I have worked with Senator U.S. Senate, Dirksen Senate Office Building, In your letter, you asked about an ex- FEINGOLD, the primary sponsor of the Washington, DC. change at a hearing on the bill in 2008 where DEAR SENATOR WYDEN: Thank you for your bill, to clarify that intent of this legis- the former Administrator of the EPA, Carol commitment to reinstating longstanding lation is to simply restore the interpre- Browner, responded to a question about Clean Water Act protections, which have whether a ‘‘puddle’’ is a ‘‘wetland.’’ Though tation of the Clean Water Act to what been unquestionably reduced and blurred by the question was likely intended in jest, it had been before these Supreme Court recent Supreme Court decisions. I appreciate there is a longstanding, scientific process for decisions. No more, and no less. you contacting me on behalf of your con- determining and delineating a wetland. Pro- Earlier this year, in response to my stituents with some important questions fessional determinations are made, for pur- concerns about how the bill would im- about the intent and effect of my bill, the poses of Section 404 of the Clean Water Act, Clean Water Restoration Act. pact rural Oregon, Senator FEINGOLD using the Corps regulatory definition of a Like you, I am committed to restoring the reiterated in a letter to me his intent wetland. Wetlands generally include swamps, scope of the Clean Water Act of 1972 and that the Clean Water Restoration Act marshes, bogs, and similar areas (33 CFR strongly oppose efforts to roll back the Act— not expand the scope of the law. Sen. 328.3(b)). which is happening and will continue to hap- Lastly, the Clean Water Act does not regu- FEINGOLD also revised the text of the pen until Congress acts. A recent investiga- late water quantity, only water quality. Its bill in a way that I believe makes it tion by the House Committee on Oversight purpose is to ‘‘restore and maintain the even clearer that the goal is not to ex- and Government Reform and the Committee chemical, physical, and biological integrity pand the scope of the Clean Water Act on Transportation and Infrastructure found of the nation’s waters’’ (33 U.S.C. 1251 et beyond what it was in 2001 before the that the 2006 Rapanos case and subsequent seq.). I am pleased to lead the effort to pro- agency guidance are directly responsible for Supreme Court decisions. tect the Clean Water Act in the Senate, and ‘‘a drastic deterioration of [the Environ- First of all, the bill again includes a to have your support, as well as that of a mental Protection Agency’s] Clean Water savings clause that clearly continues range of interested parties, including former Act enforcement program . . . hundreds of the existing exemption for irrigation EPA Administrators from both Republican violations have not been pursued.’’ The in- return flows from Clean Water Act reg- and Democratic administrations; governors; vestigation revealed that top EPA officials attorneys general; state agencies; profes- ulation. It continues the exemption for warned that ‘‘the difficulty in interpreting sional societies and associations; labor and dredged or fill materials from normal and applying the Rapanos decision and the business professionals and unions; farming farming, silviculture and ranching ac- Inter-Agency guidance has created a drain organizations; and over 400 hunting. fishing, tivities. It continues the exemption for on [EPA] resources, caused delays and uncer- recreational, and conservation organiza- tainty in compliance determinations. . . .’’ construction and maintenance of farm tions. According to the EPA, over 50 percent of or stock ponds or irrigation ditches Thanks for your efforts to educate others U.S. streams, 20 million acres of wetlands, and drainage ditches. It continues the about the importance of this legislation and and the drinking water for 110 million Amer- exemption for construction and main- the true purpose of the Clean Water Restora- icans remain in jeopardy of being polluted or tenance of farm roads or forest roads. tion Act. As always. I am committed to destroyed as a result of the Supreme Court Second, the bill now contains a much working with you and others to restore his- decisions. more detailed set of findings that make Since Congress is the only branch of gov- torical protections to the waters of the it absolutely clear that the intent of ernment that can reinstate protections and United States. Congress with enactment of the bill is prevent a significant roll-back of the Act. I Sincerely, USSELL D. FEINGOLD. to restore the regulatory system for introduced the Clean Water Restoration Act R to do just that, and only that. the Clean Water Act to what it was be- By Ms. SNOWE (for herself and fore these two Supreme Court deci- The bill will not increase permitting and Mr. NELSON, of Florida): sions. These findings also make it clear does not change the requirements for what activities need a permit. The Clean Water S. 788. A bill to prohibit unsolicited that the bill is not regulating ground Restoration Act would only modify one term mobile text message spam; to the Com- water, only surface water, just as the in the Act and does not alter any other sec- mittee on Commerce, Science, and Clean Water Act has always done. The tions of law, including those identifying Transportation. findings make it clear that exclusions what activities need a permit. Nevertheless, Ms. SNOWE. Mr. President, I rise for prior converted cropland and man- when the bill was reintroduced in the 110th today, along with Senator BILL NEL- made impoundments remain in place. Congress, we added a savings clause to make SON, to introduce legislation that They make it clear that the intent is it explicitly clear that the exemptions for would curb a growing nuisance that to regulate water quality, not quantity agriculture, ranching, and forestry are main- millions of wireless customers experi- or ownership. tained. The Act was amended in 1977 to add If more changes are needed to ensure these permitting exemptions and my bill will ence on a daily basis—unsolicited text not change those exemptions, or existing ex- messages or mobile spam. that the bill does what Sen. FEINGOLD emptions in the regulations that do not re- and I say it does, than I am certainly Spam has long been loathed by email quire permits for agricultural activities af- users around the world. It is for good open to making more changes to make fecting prior converted cropland or for sure the Senate gets this crucial issue wastewater treatment systems. reason—percent of all email sent right. As you know, the Clean Water Act protects worldwide is considered spam, which Some people do not like the pre-2001 ‘‘navigable waters,’’ which the Act broadly means close to 200 billion spam mes- Clean Water Act regulatory system. defines as ‘‘waters of the United States, in- sages are sent every day. The vast ma- Some believe that the Supreme Court cluding the territorial seas’’ (though often a jority of the spam sent on the Internet did the right thing by removing many source of confusion, the term ‘‘navigable wa- is done so illegally through the use of ters’’ has a very different meaning in the wetlands and intermittent streams and botnets, which are ‘‘networks’’ of hi- Clean Water Act than it does in the Rivers jacked or compromised computers. One lakes from the protections of the Clean and Harbors Act of 1899, which extends only Water Act. I disagree. I think those very narrow protections to commercially botnet, Srizbi, which consists of more protections are needed to protect our navigable waters). ‘‘Navigable waters’’ and than 450,000 compromised PCs is able to water supplies and our environment ‘‘waters of the United States’’ are broadly send on average more than 60 billion and wildlife habitat. Farmers and defined, for purposes of the Clean Water Act, spam messages per day. Many of these ranchers need those protections for in the Environmental Protection Agency and spam messages include viruses, mali- their livelihoods. But I want to be ab- U.S. Army Corps of Engineers’ regulations to cious spyware, or are phishing attacks. solutely clear, that I will not support cover all waters necessary to achieve the With more data functionality and im- Act’s water quality purposes. This includes proved user interfaces with wireless de- expanding Federal authority in this such so-called isolated wetlands as prairie area beyond what it was before 2001. potholes and playa lakes, which have been vices, it is expected that mobile spam Mr. President, I ask unanimous con- jeopardized since the 2001 SWAIVCC case, as will grow over the next several years. sent that a letter of support be printed well as intermittent streams, which remain Those viruses and malware that are so in the RECORD. jeopardized by the 2006 Rapanos case and prevalent on a user’s computer could

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.038 S02APPT1 rfrederick on PROD1PC67 with SENATE S4320 CONGRESSIONAL RECORD — SENATE April 2, 2009 and most likely will show up on their problems with reliable access to qual- to many factors including low reim- cell phones through m-spam. So a very ity, affordable care. Over 20 percent of bursement levels and a lack of federal significant threat to wireless users Americans are living in health profes- incentives to teaching institutions to looms. sions shortage areas without access to promote primary care. My legislation While the FCC and the FTC have adequate medical, dental, and mental would allow the National Health Work- adopted rules to prohibit sending un- and behavioral health services. This force Commission to analyze these wanted commercial e-mail messages to workforce deficiency will worsen as the issues and recommend solutions includ- wireless devices without prior permis- population ages and grows by an esti- ing changes in Federal reimbursement sion, text messages are not covered by mated 25 million individuals per decade systems. For example, this bill calls their rules so it is not having the de- and, could be severely exacerbated by for improved transparency and ac- sired effect of deterring distribution of epidemics and disasters. It is estimated countability for Federal dollars spent mobile spam, let alone email spam. that without intervention, the United for medical education through direct The m-SPAM Act would provide more States will experience shortages of as Graduate Medical Education, GME, and government attention to this growing many as 200,000 physicians and one mil- Indirect Medical Education, IME, and problem and makes modifications to lion nurses by 2020. It takes many money paid in Disproportionate Share, existing law in order to improve efforts years to create a pipeline of health pro- DSH, support for safety net services to restrain mobile spam—before it be- fessionals. I am introducing the Health provided under the Medicare and Med- comes more than an annoyance. Access and Health Professions Supply icaid programs. More text and voice spam are stead- Act of 2009 to coordinate our health This legislation also substantially in- ily invading handsets. Wireless users in workforce strategy, to build and main- creases funding for the National Health Service Corps. This will help provide the U.S. received more than 1.1 million tain this pipeline, so that health and healthcare access to the areas of our spam text messages in 2007, up 38 per- safety of every American is protected. country that are in most desperate cent from 2006. Mobile spam not only The legislation is based on the most re- need. Also, included are expanded loan clutters a wireless user’s inbox, but it cent recommendations developed by forgiveness and grant programs to de- Council on Graduate Medical Edu- also unduly increases the monthly velop new training programs in rural cation and other health workforce ex- wireless bill—wireless subscribers typi- and other underserved communities to perts. cally are charged for sending and re- help us train health professionals in This legislation addresses these ceiving text messages—sometimes as areas where they are needed. much as 20 cents per message. issues in an unprecedented and com- The Health Access and Health Profes- Some telephone companies have been prehensive manner. It creates a Perma- sions Supply Act of 2009 establishes a proactive in preventing spam—wireless nent National Health Workforce Com- U.S. Public Health Sciences Track to carriers already block up to 200 million mission to assure that the Federal in- train physicians, dentists, nurses, phy- unsolicited text messages per month, vestment in the education of health sician assistants, mental and behavior but many times the senders cannot be professionals is a public good that ad- health specialists, pharmacists, and located and brought to justice without dress the needs of the American people. public health professionals empha- Government help. In May 2007, Verizon The Commission is tasked to design, sizing team-based service, public Wireless sued telemarketers that had revise, implement and evaluate pro- health, epidemiology, and emergency inundated the company with more than grams, grants, and regulations related preparedness and response in affiliated 12 million mobile spam messages. The to the nation’s health workforce. institutions. Students in this program carrier was able to block most of them The Health Access and Health Profes- are accepted as Commission Corps offi- but the inundation still hit consumers sions Supply Act of 2009 expands the cers in the U.S. Public Health Service with unwanted charges and the carrier Medicare medical home demonstration and will receive tuition remission and with a congested network. So more can project. This pilot program would in- a stipend with a two year service com- be done to prevent this aggravating clude 1,000 medical home primary care mitment for each year of school cov- practice and relieve consumers of hav- providers working in interdisciplinary ered. This group will form an elite ing to resolve these charges on their teams. These clinicians will provide cadre of healthcare professionals that bills. Even the wireless industry re- the highest quality medical care using can be deployed when epidemics, nat- cently has urged government to do the best health information tech- ural or other disasters strike. more to catch and prosecute spammers. nology, and personalized, coordinated, I am introducing the Health Access That is why I sincerely hope that my and accessible care. and Health Professions Supply Act of colleagues will join Senator BILL NEL- But new models are not enough. We 2009 with the understanding that our SON and me in supporting this critical have allowed our primary care edu- health workforce shortfall cannot be legislation. cational infrastructure to crumble. solved using a piecemeal approach. We Without intervention, the decline will must address health workforce issues By Mr. BINGAMAN (for himself, likely continue, and access to care in in health care reform to guarantee ac- Mr. CASEY, Mr. KOHL, and Mr. underserved areas will rapidly deterio- cess to quality care for all Americans UDALL, of New Mexico): rate. Family physicians represent 58 but we must also ensure that taxpayer S. 790. A bill to improve access to percent of the rural physician work- dollars used to support health profes- health care services in rural, frontier, force, 70 percent of non-federal physi- sions education are spent wisely. and urban underserved areas in the cians in whole-county health profes- This legislation has received wide- United States by addressing the supply sional shortage areas, and 78 percent of spread support and is endorsement by of health professionals and the dis- primary care physician full-time the: National Association of Commu- tribution of health professionals to equivalents in the National Health nity Health Centers, National Rural areas of need; to the Committee on Fi- Service Corps. Yet, the number of grad- Health Association, American Medical nance. uates from medical school in the U.S. Students Association, Trust for Amer- Mr. BINGAMAN. Mr. President, I rise who choose to practice family medicine ica’s Health, American Psychological today with Senators ROBERT CASEY, has plummeted 50 percent in less than Association, American Association of HERB KOHL, and TOM UDALL to intro- 10 years. Currently, less than 5 percent Colleges of Pharmacy, American Acad- duce the Health Access and Health Pro- of graduates from medical school spe- emy of Physician Assistants, Commis- fessions Supply Act of 2009. cialize in primary care. This is despite sioned Officers Association of the U.S. Health care reform is a national pri- the fact that one of the most signifi- Public Health Service, National Rural ority—far too many Americans do not cant measures of the effectiveness and Recruitment and Retention Network, have access to meaningful, affordable efficiency of a healthcare system is the American Academy of Child and Ado- health insurance. But even if every per- degree to which the population has ac- lescent Psychiatry, New Mexico Health son in the U.S. had health insurance, cess to meaningful and coordinated pri- Resources, New Mexico Medical Soci- we do not have a cohesive or coordi- mary care. ety, New Mexico Chapter of the Amer- nated strategy to address health work- Experts tell us that the dearth of pri- ican College of Physicians, and the force emergencies and shortages, and mary care providers may be attributed Santa Fe Project Access.

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.189 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4321 I urge my colleagues in the Senate to (4) The number of individuals over 65 years between 1982 and 2003 and the average age of join us in support of the Health Access of age in the United States will double be- practicing dentists in the United States is 49. and Health Professions Supply Act of tween 2000 and 2030, with such individuals ac- (8) There were over 400 dental faculty va- 2009. counting for 20 percent of the total popu- cancies in the school year beginning in 2006. lation of the United States in 2030. (9) In 2007, the average debt of a dental stu- Mr. President, I ask unanimous con- (5) Individuals over 65 years of age have dent at graduation was $172,627. sent that the text of the bill be printed twice as many doctor visits as those individ- (c) FINDINGS RELATED TO PHYSICIAN SHORT- in the RECORD. uals under 65 years of age, resulting in an in- AGES, EDUCATION, AND DISTRIBUTION.—Con- There being no objection, the text of crease in the demand for physicians, physi- gress finds the following: the bill was ordered to be printed in cian assistants, pharmacists behavioral and (1) By 2020, physician shortages are fore- the RECORD, as follows: mental health professionals, nurses, and den- casted to be in the range of 55,000 to 200,000. S. 790 tists. (2) Although 21 percent of the population of (6) The rates of chronic diseases (such as the United States lives in rural areas, only Be it enacted by the Senate and House of Rep- diabetes) are increasing in the population of 10 percent of physicians work in rural areas resentatives of the United States of America in the United States. and, for every 1 physician who goes into Congress assembled, (7) There are 47,000,000 citizens of the practice in regions with a low supply of phy- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. United States who do not have health insur- sicians, 4 physicians go into practice in re- (a) SHORT TITLE.—This Act may be cited as ance, and over 130,000,000 individuals within gions with a high supply of physicians. the ‘‘Health Access and Health Professions the United States who do not have dental in- (3) According to a 2004 report by Green et Supply Act of 2009’’ or ‘‘HAHPSA 2009’’. surance. Those individuals who are unin- al. for the Robert Graham Center of the (b) TABLE OF CONTENTS.—The table of con- sured have limited access to health care. American Academy of Family Physicians, tents of this Act is as follows: (8) Academic health centers, Federal med- the number of applicants from rural areas Sec. 1. Short title; table of contents. ical facilities, and teaching hospitals provide accepted to medical school has decreased by Sec. 2. Findings. a substantial percentage of safety net serv- 40 percent in the last 20 years while the num- TITLE I—AMENDMENTS TO THE SOCIAL ices in the United States to uninsured and ber of such applications has remained the SECURITY ACT underinsured populations and to those indi- same. Sec. 101. Permanent National Health Work- viduals who have 1 or more chronic diseases. (4) In order to respond to forecasted short- force Commission. Such centers, facilities, and teaching hos- ages, experts have recommended an increase Sec. 102. State health workforce centers pro- pitals provide those safety net services while between 15 and 30 percent in class size at gram. concurrently providing for the training of medical schools over the next 10 years. Sec. 103. Medicare medical home service and health professionals. (5) There are 55,000,000 citizens of the training pilot program. (9) The pipeline for the education of health United States who lack adequate access to Sec. 104. Improvements to payments for professionals— primary health care because of shortages of graduate medical education (A) begins and often ends in urban areas; primary care providers in their commu- under medicare. (B) does not reliably include Federal sup- nities. Sec. 105. Distribution of resident trainees in port for nonphysician training; (6) The number of graduates from medical an emergency. (C) does not incorporate modern training school in the United States who choose to Sec. 106. Authority to include costs of train- venues and techniques, including commu- practice family medicine has plummeted 50 ing of psychologists in pay- nity-based ambulatory sites; and percent in less than 10 years. Without con- ments to hospitals for approved (D) discourages interdisciplinary, team, gressional intervention, such decline will educational activities under and care coordination models as a result of likely continue, and access to care in under- Medicare. restrictive regulations. served areas will rapidly deteriorate. Family (10) Health reform must include measures TITLE II—AMENDMENTS TO THE PUBLIC physicians represent 58 percent of the rural to transform the health delivery system to HEALTH SERVICE ACT physician workforce, 70 percent of non-Fed- assure access, quality, and efficiency by uti- eral physicians in whole-county health pro- Sec. 201. Expansion of National Health Serv- lizing contemporary models and venues of fessional shortage areas, and 78 percent of ice Corps programs. care. primary care physician full-time equivalents Sec. 202. National health service corps (11) Reform of the health delivery system in the National Health Service Corps. scholarship program for med- will require modernization of the training of (7) Current trends indicate that fewer resi- ical, dental, physician assist- health professionals to ensure that health dent trainees from pediatric and internal ant, pharmacy, behavioral and professionals— medicine residencies pursue generalist prac- mental health, public health, (A) practice in integrated teams in a vari- tice at graduation. and nursing students in the ety of delivery venues (including inpatient (8) Funding for medical education which is United States public health and ambulatory settings and long-term care provided through direct Graduate Medical sciences track in affiliated facilities) to utilize decision support and Education (GME) and Indirect Medical Edu- schools. health information systems; cation (IME) under the Medicare program is Sec. 203. Federal medical facility grant pro- (B) deliver patient-centered care; not transparent or accountable, nor is it gram and program assessments. (C) practice evidence-based health care; aligned to the types of health professionals Sec. 204. Health professions training loan (D) learn performance-based compensation most needed or to the areas in which health program. systems, comparative effectiveness, and professionals are most needed. Sec. 205. United States Public Health costs of care across the spectrum; and (9) Physician supply varies 200 percent Sciences Track. (E) deliver culturally appropriate, person- across regions and there is no relationship Sec. 206. Medical education debt reimburse- alized care. between regional physician supply and ment for physicians of the Vet- health needs. erans Health Administration. (b) FINDINGS RELATED TO ACCESS TO ORAL HEALTH.—Congress finds the following: (10) The Council on Graduate Medical Edu- TITLE III—HEALTH PROFESSIONAL (1) Dental care is the number 1 unmet cation’s 18th Report (issued in 2007), entitled TRAINING PIPELINE PARTNERSHIPS health care need in children, and is 1 of the ‘‘New Paradigms for Physician Training for PROGRAM top 5 unmet health care needs in adults. Improving Access to Health Care’’, and 19th Sec. 301. Grants to prepare students for ca- (2) Over 130,000,000 citizens of the United Report (issued in 2007), entitled ‘‘Enhancing reers in health care. States are without dental insurance. Flexibility in Graduate Medical Education’’, SEC. 2. FINDINGS. (3) Over 45,000,000 citizens of the United each call for changes to address the (a) FINDINGS RELATED TO HEALTH CARE AC- States live in areas that are designated healthcare needs of the United States by re- CESS IN RURAL, FRONTIER, AND URBAN UNDER- under section 332(a)(1)(A) of the Public moving barriers to expanding and more ap- SERVED AREAS OF THE UNITED STATES.—Con- Health Service Act as dental health profes- propriately training the physician work- gress finds the following: sional shortage areas. force. (1) The United States does not have a cohe- (4) Rural counties have less than half the (d) FINDINGS RELATED TO NURSING SHORT- sive or coordinated approach to addressing number of dentists per capita compared to AGES, EDUCATION, AND DISTRIBUTION.—Con- health workforce shortages and problems large metropolitan areas (29 versus 62 for gress finds the following: with reliable access to quality, affordable population of 100,000). (1) By 2020, nursing shortages are forecast health care. (5) In 2006, over 9,000 dentists were needed to be in the range of 300,000 to 1,000,000 and (2) There are 50,000,000 citizens of the in such dental health professional shortage the Bureau of Labor Statistics of the Depart- United States living in areas that are des- areas. ment of Labor estimates that more than ignated under section 332(a)(1)(A) of the Pub- (6) Between 27 and 29 percent of children 1,200,000 new and replacement registered lic Health Service Act as health professional and adults in the United States have un- nurses will be needed by 2014. shortage areas. treated cavities. (2) Nurse vacancy rates are currently 8 per- (3) The population of the United States (7) The number of dental school graduates cent or greater in hospitals and community will grow by 25,000,000 each decade. in the United States decreased by 20 percent health centers receiving assistance under

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section 330 of the Public Health Service Act, to provide care at community health cen- (b) DUTIES.— and for nursing faculty positions. ters. (1) REVIEW OF FEDERAL POLICIES AND AN- (3) Surveys indicate that 40 percent of (g) FINDINGS RELATED TO MENTAL HEALTH NUAL REPORTS.— nurses in hospitals are dissatisfied with their PROFESSIONAL SHORTAGES.—Congress finds (A) REVIEW.—The Commission shall review work and, of nurses who graduate and go the following: Federal policies with respect to the training, into nursing, 50 percent leave their first em- (1) The National Institute of Mental Health financing, and distribution of the health pro- ployer within 2 years. estimates that 26.2 percent of citizens of the fessional workforce, particularly with re- (4) Nursing baccalaureate and graduate United States ages 18 and older suffer from a spect to such workforce in rural, frontier, programs rejected more than 40,000 qualified diagnosable mental disorder. Approximately and urban underserved areas, including the nursing school applicants in 2006, with fac- 20 percent of children in the United States specific topics described in paragraph (2). ulty shortages identified by such programs have diagnosable mental disorders with at Such review shall include a comprehensive as a major reason for turning away qualified least mild functional impairment. analysis and reporting of— applicants. (2) The Health Resources and Services Ad- (i) the most recent COHPPERDDUST An- (5) More than 70 percent of nursing schools ministration reports that there are 3,059 nual Report; cited faculty shortages as the primary rea- mental health professional shortage areas (ii) the number of medical students and son for not accepting all qualified applicants within the United States with 77,000,000 peo- residents, physician assistant students, phar- into entry-level nursing programs. ple living in those areas. More than 5,000 ad- macy students and residents, behavioral and (6) The nursing faculty workforce is aging ditional mental health professionals are mental health students and residents, dental and retiring and, by 2019, approximately 75 needed to meet demand. students and residents, nursing students and percent of the nursing faculty workforce is (3) According to the Department of Health advance practice nursing trainees, and other expected to retire. and Human Services, minority representa- health professionals in need of training, the (7) The average age of nurses in the United tion is lacking in the mental health work- rates of payment for such training; and the States is 49 and the average age of an asso- force. Although 12 percent of the population methodologies for funding such training; ciate professor nurse faculty member in the of the United States is African-American, (iii) how to align payments for direct grad- United States is 56. only 2 percent of psychologists, 2 percent of uate medical education costs under section (8) Geriatric patients receiving care from psychiatrists, and 4 percent of social workers 1886(h) of the Social Security Act (42 U.S.C. are African-American. Moreover, there are nurses trained in geriatrics are less fre- 1395ww(h)) and payments for the indirect only 29 mental health professionals who are quently readmitted to hospitals or trans- costs of medical education under section Hispanic for every 100,000 individuals who are ferred from skilled nursing facilities and 1886(d)(5)(B) of the Social Security Act (42 Hispanic in the United States, compared nursing facilities to hospitals. U.S.C. 1395ww(d)(5)(B)) with other Federal with 173 non-Hispanic White providers for and State subsidies and payments for health (e) FINDINGS RELATED TO PUBLIC HEALTH every 100,000 individuals who are non-His- professions education with desired outcomes WORKFORCE SHORTAGES.—Congress finds the panic White in the United States. for the health professional workforce; following: (h) FINDINGS RELATED TO HEALTH PROFES- (iv) whether Federal medical facilities (1) The United States has an estimated SIONAL SHORTAGE AREAS.— should be permitted to train health profes- 50,000 fewer public health workers than it did (1) In 2006, the National Health Service sionals with support paid directly by the en- 20 years ago while the population has grown Corps had a total of 4,200 vacant positions in tity sponsoring the health professional; by approximately 22 percent. health professional shortage areas, but only (v) whether the establishment of trans- (2) Government public health departments 1,200 of those positions were funded. For each parent, accountable Federal payment poli- are facing significant workforce shortages National Health Service Corps award, there cies for training health professionals would that could be exacerbated through retire- are 7 applicants. ensure that the types of health professionals ments. (2) Community health centers receiving as- trained and the distribution of such health (3) Twenty percent of the average State sistance under section 330 of the Public professionals would meet the health care health agency’s workforce will be eligible to Health Service Act have expanded to serve needs of the population of the United States; retire within 3 years, and by 2012, over 50 per- 16,000,000 individuals in over 1,000 sites. Such (vi) the feasibility of establishing a Na- cent of some State health agency workforces community health centers have high va- tional Health Professions Education Trust will be eligible to retire. cancy rates for family physicians (13 per- Fund to ensure an open and fair system of (4) Approximately 20 percent of local cent), obstetricians and gynecologists (21 Federal, State, and private support for pro- health department employees will be eligible percent), dentists, nurses, and other health viding education for health professionals; for retirement by 2010. professionals. and (5) The average age of new hires in State (3) The Institute of Medicine of the Na- (vii) any other issues related to such Fed- health agencies is 40. tional Academies has recommended that eral policies as the Commission determines (6) 4 out of 5 current public health workers medical education and public health issues appropriate. have not had formal training for their spe- be more closely aligned, especially in rela- (B) COHPPERDDUST ANNUAL REPORTS.— cific job functions. tion to preparedness for natural disasters, Not later than each of January 1 of each year (f) FINDINGS RELATED TO PHYSICIAN ASSIST- pandemic, bioterrorism, and other threats to (beginning with 2012) the Commission shall ANT SHORTAGES.—Congress finds the fol- public health. submit to the Secretary and to Congress a lowing: (4) The education of health professionals report containing— (1) The purpose of the physician assistant must be more closely aligned with health (i) the results of the review conducted profession is to extend the ability of physi- care needs in the United States, with special under subparagraph (A); and cians to provide primary care services, par- attention to underserved populations and (ii) recommendations— ticularly in rural and other medically under- areas, health disparities, the aging popu- (I) with respect to the Health Professions served communities. lation, and individuals with 1 or more chron- Pipeline, Education, Research, Diversity & (2) Physician assistants always practice ic diseases. Distribution to Underserved Areas Utilizing medicine as a team with their supervising (5) There is some duplication, and little co- Service/Training Models; and physicians, however, supervising physicians ordination, between the Council on Graduate (II) for such legislation or administrative need not be physically present when physi- Medical Education (related to the physician action, including regulations, as the Com- cian assistants provide medical care. workforce), the National Advisory Com- mission determines appropriate. (3) Physician assistants are legally regu- mittee on Nursing Programs (related to the (2) SPECIFIC TOPICS DESCRIBED.— lated in all States, the District of Columbia, nursing workforce), the Advisory Committee (A) PAYMENTS FOR HEALTH PROFESSIONS and Guam. All States, the District of Colum- on Training in Primary Care Medicine and EDUCATION.—Specifically, the Commission bia, and Guam authorize physicians to dele- Dentistry, and other advisory committees shall review, with respect to the training, fi- gate prescriptive authority to physician as- and councils. nancing, and distribution of the health pro- sistants. (6) The Association of Academic Health fessional workforce, the following: (4) In 2007, physician assistants made ap- Centers calls for making the health work- (i) The regular update, revision, and stand- proximately 245,000,000 patient visits and force of the United States a priority domes- ardization of hospital-specific and spon- prescribed or recommended approximately tic policy issue and creating a national soring institution-specific base-period per 303,000,000 medications. health workforce planning body that engages resident amounts and cost reporting periods (5) The National Association of Commu- Federal, State, public, and private stake- for payments for direct graduate medical nity Health Centers, the George Washington holders. education costs under section 1886(h) of the University, and the Robert Graham Center TITLE I—AMENDMENTS TO THE SOCIAL Social Security Act (42 U.S.C. 1395ww(h)) and for Policy Studies in Family Medicine and SECURITY ACT payments for the indirect costs of medical Primary Care found that while the number SEC. 101. PERMANENT NATIONAL HEALTH WORK- education under section 1886(d)(5)(B) of the of patients who seek care at community FORCE COMMISSION. Social Security Act (42 U.S.C. health centers has increased, the number of (a) ESTABLISHMENT.—There is hereby es- 1395ww(d)(5)(B)). primary care providers, including physician tablished the Permanent National Health (ii) The feasibility of the Secretary, sub- assistants, has not. The report estimates a Workforce Commission (in this section reject to review by the Commission, granting a need for 15,500 primary health care providers ferred to as the ‘‘Commission’’). waiver under the Medicare program, such as

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the waiver granted to the Utah Medical Edu- sponsoring institutions and the affiliates of (4) REDUCING HEALTH PROFESSIONAL ISOLA- cation Commission, which would allow such institutions. TION AND BUILDING COMMUNITY HEALTH PRO- States flexibility to utilize funding under ti- (xi) Disproportionate share payments FESSIONAL TRAINING INFRASTRUCTURE.— tles XVIII, XIX, and XXI of the Social Secu- under section 1886(d)(5)(F) of the Social Se- (A) IDENTIFICATION OF PROGRAMS.—The rity Act for direct graduate medical edu- curity Act (42 U.S.C. 1395ww(d)(5)(F)) made Commission shall identify programs to re- cation and indirect graduate medical edu- to service and training institutions that produce health professional isolation and build cation to support coordinated and com- vide safety net access, community-based community health professional training in- prehensive health workforce training inno- outreach programs, measurable and trans- frastructure in rural, frontier, and urban un- vations. parent community benefit, and planned fi- derserved areas through continuing edu- (iii) Replacement of the current method- nancial assistance to low-income patients, cation (including continuing education uti- ology for making payments for such direct Medicare beneficiaries, and underinsured (in- lizing information technology, such as tele- graduate medical education costs and such cluding uninsured) individuals in rural, fron- health and health information technology), indirect costs of medical education with a tier, and urban underserved areas. mentoring, and precepting activities. workforce adjustment payment, based on a (xii) The establishment of a workforce ad- (B) ANALYSIS.—The Commission shall ex- Sustainable Growth Rate formula or a pro- justment payment under the Medicare pro- amine— spective payment system, under which— gram under title XVIII of the Social Secu- (i) whether the establishment of regional (I) payments would be made directly to the or statewide Health Advice Lines would re- sponsoring institution where such education rity Act, the Medicaid program under title XIX of such Act, the State Children’s Health duce after-hours calls responsibilities for is provided; and overworked health professionals in remote (II) payments would be separated to reflect Insurance Program under title XXI of such Act, and other publicly funded health insur- sites with few health professionals available the costs to the professional and facility to fulfill such responsibilities; and ance programs to support training programs components of such education. (ii) what support should be given to health for health professionals in Federal medical (iv) The establishment of standards for the professionals fulfilling such responsibil- facilities, under which such workforce ad- financing of education for health profes- ities— justment payment would be made directly to sionals who are not physicians. (I) in hospitals and emergency departments the sponsoring institution. Such payment (v) The expansion of the definition, for pur- in areas designated under section 332 of the would, as the Secretary determines appro- poses of making payments for health profes- Public Health Service Act as health profes- priate, in consultation with the Commission, sions education (including such direct grad- sional shortage areas; replace or supplement the provisions under uate medical education costs and such indi- (II) under practice relief programs that clause (iii). rect costs of medical education), of the term allow health professionals practicing in such (B) DATA COLLECTION AND REVIEW.—Specifi- ‘‘sponsoring institution’’, which tradition- areas to have their practice and calls covered cally, the Commission shall review, with really has been a teaching hospital or medical when they are ill, pursuing continuing edu- school, to include nonteaching hospital- spect to the adequacy, supply, and distribu- cation, or taking a vacation; based entities (such as managed care organi- tion of undergraduate and graduate edu- (III) with respect to field faculty develop- zations and public and private healthcare cation programs for health professionals, the ment to become supervisors, mentors, and consortia) that are capable of assembling all following: preceptors for health professional students of the resources necessary for effectively (i) Available data on the adequacy, supply, and trainees; providing the training and education re- and distribution of such education programs (iii) support structures (such as Area quired to address healthcare access, quality, for physicians, physician assistants, nurses, Health Education Centers) for health profes- and costs and to meet workforce needs. dentists, psychologists, pharmacists, behav- sionals; and (vi) The provision of health professions ioral and mental health professionals (as de- (iv) whether the establishment of Rural education by nonteaching hospital-based en- fined in section 331(a)(3)(E)(i) of the Public Health Education Offices, based on the model tities (including rural health clinics (as de- Health Service Act (42 U.S.C. of agricultural extension offices, would— fined in subsection (aa)(2) of section 1861 of 254d(a)(3)(E)(i)), public health professionals, (I) help build community health profes- the Social Security Act (42 U.S.C. 1395x)), and other health professionals, including community health centers (as defined in sec- sional service and training capacity; and data collected under the State Health Work- (II) spur local economic development. tion 330 of the Public Health Service Act (42 force Centers Program established under sec- U.S.C. 254b)), and Federally qualified health (5) DEVELOPMENT OF GUIDING PRINCIPLES tion 102. AND ACCOUNTABILITY STANDARDS.—The Com- centers (as defined in subsection (aa)(4) of (ii) Processes for improving the collection such section 1861) that are not sponsoring in- mission shall develop guiding principles and of data on health professionals, including the accountability standards for Federal, State, stitutions (as defined under clause (v)) as af- collection of more consistent, independent, filiates of the sponsoring institution for pur- and private sector education of health pro- and comprehensive data from entities (such poses of providing more limited, but highly fessionals. Such guidelines shall be crafted as State licensure boards) to inform health valuable clinical training. to assure that the Federal investment in the professions workforce issues. In conducting (vii) The establishment of incentives to education of health professionals is a public such review, the Commission shall determine promote interdisciplinary, team-based, and good, regardless of whether a portion of such the costs of implementing such data collec- care coordination-based education of health education is funded by other sources. professionals, including incentives to en- tion. (6) IDENTIFICATION OF STATE AND REGIONAL courage the development of health informa- (3) CONDUCT OF HEARINGS.— HEALTH PROFESSIONS EDUCATION COMMIS- tion technology (such as a repository of con- (A) IN GENERAL.—The Commission shall SIONS.—The Commission shall identify State sumer health status information in com- conduct hearings on health professions edu- and regional Health Professions Education puter processable form) which can be used cation to assess performance, identify bar- Centers. The Commission shall enter into for diagnosis, management, and treatment riers, speed approval of innovative programs, agreements with such Centers under which and includes price and cost information. improve flexibility, and reduce bureaucratic the Centers shall provide data and reports to (viii) Adjustment to the Medicare caps on obstacles balancing hospital training while the Commission to provide a balanced and graduate medical education positions to in- emphasizing sustained affiliation agree- adequate assessment of the entire Nation’s crease the number of primary care residents, ments with community-based, interdiscipli- healthcare workforce. nary, team, and care management meth- general dentistry residents, geriatric fellow- (c) SECRETARIAL RESPONSIBILITIES.—Not odologies and education designed to improve ship trainees, and other health professionals later than 18 months after the date of enact- quality and efficiency of patient care across trained in Federal medical facilities. ment of this Act, the Secretary shall, in con- the care delivery system. (ix) The development of pay-for-perform- sultation with the Commission, and through (B) TESTIMONY.—In conducting hearings ance methodologies for payments for health negotiated rulemaking, promulgate regula- under subparagraph (A), the Commission professions education (including such direct tions to address the matters reviewed under shall solicit testimony from the Accredita- graduate medical education costs, payments clauses (i) through (vii) of subsection for such indirect costs of medical education, tion Council for Graduate Medical Edu- (b)(1)(A), as the Secretary determines appro- and disproportionate share payments under cation, Residency Review Committees, and priate to address access and health profes- section 1886(d)(5)(F) of the Social Security other appropriate organizations that ac- sional shortages and needs identified by the Act (42 U.S.C. 1395ww(d)(5)(F))) to— credit education programs for health profes- Commission with respect to titles XVIII, (I) increase payments to sponsoring insti- sionals. tutions and the affiliates of such institutions (C) INFORMATION FROM FEDERAL AGENCIES.— XIX, and XXI of the Social Security Act. that achieve desired outcomes; and (i) IN GENERAL.—The Commission may se- (d) MEMBERSHIP.— (II) reduce payments to such institutions cure directly from a Federal agency such in- (1) NUMBER OF APPOINTMENT.—The Commis- and such affiliates that do not perform. formation as the Commission considers nec- sion shall be composed of 20 members ap- (x) The correlation between Federal poli- essary to carry out this section. pointed by the Comptroller General of the cies with respect to the training, financing, (ii) PROVISION OF INFORMATION.—The head United States. and distribution of the health professional of the agency shall provide the information (2) QUALIFICATIONS.—The membership of workforce and specific evidence-based, meas- to the Commission at the request of the the Commission shall include representa- urable, and comparative outcomes across Chairperson of the Commission. tives of—

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(A) dentists and dental hygienists who (3) POSTAL SERVICES.—The Commission (1) AUTHORIZATION OF APPROPRIATIONS.— practice in urban underserved and rural may use the United States mails in the same There are authorized to be appropriated areas; manner and under the same conditions as $13,750,000 to carry out this section. (B) primary care providers who practice in other agencies of the Federal Government. (2) MATCHING REQUIREMENT.—The Sec- urban underserved and rural areas; (4) GIFTS.—The Commission may accept, retary may require a State, in order to be el- (C) nurses and physician assistants who use, and dispose of gifts or donations of serv- igible to receive a grant under this section, practice in urban underserved and rural ices or property. to agree that, with respect to the costs in- areas; (g) STATUS AS PERMANENT COMMISSION.— curred by the State in carrying out the ac- (D) psychologists and other behavioral and Section 14 of the Federal Advisory Com- tivities for which the grant was awarded, the mental health professionals (as defined in mittee Act (5 U.S.C. App.) shall not apply to State will make available (directly or section 331(a)(3)(E)(i) of the Public Health the Commission. through donations from public or private en- Service Act (42 U.S.C. 254d(a)(3)(E)(i)) who (h) DEFINITIONS.—In this section: tities) non-Federal contributions in an practice in urban underserved and rural (1) COHPPERDDUST ANNUAL REPORT.—The amount equal to a percent of Federal funds areas; term ‘‘COHPPERDDUST Annual Report’’ provided under the grant (as determined ap- (E) public health professionals; means the annual report submitted by the propriate by the Secretary). (F) clinical pharmacists who practice in a Commission under subsection (b)(1)(B). (e) DEFINITIONS.—In this section: Federal market or are sole-community pro- (2) FEDERAL MEDICAL FACILITY.—The term (1) SECRETARY.—The term ‘‘Secretary’’ viders; ‘‘Federal medical facility’’ means a facility means the Secretary of Health and Human (G) national and specialty physician and for the delivery of health services, and in- Services. nursing organizations; cludes— (2) STATE.—The term ‘‘State’’ means— (H) schools of medicine, osteopathy, and (A) a Federally qualified health center (as (A) a State; nursing, educational programs for public defined in section 1861(aa)(4) of the Social (B) the District of Columbia; health professionals, behavioral and mental Security Act (42 U.S.C. 1395x(aa)(4)), a public (C) the Commonwealth of Puerto Rico; and health professionals (as so defined), and phy- health center, an outpatient medical facil- (D) any other territory or possession of the sician assistants, public and private teaching ity, or a community mental health center; United States. hospitals, and ambulatory health facilities, (B) a hospital, State mental hospital, facil- SEC. 103. MEDICARE MEDICAL HOME SERVICE including Federal medical facilities; ity for long-term care, or rehabilitation fa- AND TRAINING PILOT PROGRAM. (I) health insurers; cility; (a) EXPANSION OF MEDICARE MEDICAL HOME (J) business; (C) a migrant health center or an Indian DEMONSTRATION PROJECT.— (K) labor; and Health Service facility; (1) IN GENERAL.—The Secretary of Health (L) any other health professional organiza- (D) a facility for the delivery of health and Human Services (in this section referred tion or practice site the Comptroller General services to inmates in a penal or correctional to as the ‘‘Secretary’’) shall expand the determines appropriate. institution (under section 323 of such Act (42 Medicare medical home demonstration (e) STAFF.— U.S.C. 250)) or a State correctional institu- project under section 204 of Division B of the (1) IN GENERAL.—The Comptroller General tion; Tax Relief and Health Care Act of 2006 (Pub- of the United States shall provide for the ap- (E) a Public Health Service medical facil- lic Law 109–432; 120 Stat. 2987) by adding a pointment of an executive director, deputy ity (used in connection with the delivery of Medicare medical home service and training director, and such other additional personnel health services under section 320, 321, 322, pilot program (in this section referred to as as are necessary to enable the Commission 324, 325, or 326 of such Act (42 U.S.C. 247e, 248, the ‘‘pilot program’’) to redesign the meth- to perform the duties of the Commission. 249, 251, 252, or 253)); odologies for payments to primary care pro- (2) COMPENSATION.— (F) a nurse-managed health center; or viders for coordinating the care of applicable (A) IN GENERAL.—Except as provided in (G) any other Federal medical facility. Medicare beneficiaries. Such pilot program subparagraph (B), the Comptroller General of shall be in addition to, and run concurrently (3) SECRETARY.—The term ‘‘Secretary’’ the United States may fix the compensation means the Secretary of Health and Human with, the Medicare medical home demonstra- of the executive director, deputy director, Services. tion program. Except for any modifications and other personnel without regard to the under this section, the Secretary shall carry SEC. 102. STATE HEALTH WORKFORCE CENTERS provisions of chapter 51 and subchapter III of PROGRAM. out the pilot program under similar terms chapter 53 of title 5, United States Code, re- (a) ESTABLISHMENT.—The Secretary shall and conditions as the Medicare medical lating to classification of positions and Gen- establish a demonstration program (in this home demonstration program. eral Schedule pay rates. section referred to as the ‘‘program’’) under (2) APPLICABLE MEDICARE BENEFICIARIES DE- (B) MAXIMUM RATE OF PAY.—The rate of which the Secretary makes grants to partici- FINED.—In this section, the term ‘‘applicable pay for the executive director, deputy direc- pating States for the operation of State Medicare beneficiary’’ means an individual tor, and other personnel shall not exceed the Health Workforce Centers to carry out the who— rate payable for level V of the Executive activities described in subsection (c). (A) is entitled to, or enrolled for, benefits Schedule under section 5316 of title 5, United (b) PARTICIPATING STATES.—A State seek- under part A of title XVIII of the Social Se- States Code. ing to participate in the program shall sub- curity Act, or is enrolled under part B of (3) DETAIL OF FEDERAL GOVERNMENT EM- mit an application to the Secretary con- such title; PLOYEES.— taining such information and at such time as (B) has 1 or more chronic illnesses (such as (A) IN GENERAL.—An employee of the Fed- the Secretary may specify. The Secretary diabetes, hypertension, chronic obstructive eral Government may be detailed to the may only consider under the preceding sen- pulmonary disease, asthma, congestive heart Commission without reimbursement. tence 1 application submitted by each State failure, end stage liver disease, and end stage (B) CIVIL SERVICE STATUS.—The detail of which has been certified by the Governor or renal disease); and the employee shall be without interruption the chief executive officer of the State. (C) is in the top 2 quartiles of cost under or loss of civil service status or privilege. (c) USE OF FUNDS.—Grants awarded under the Medicare program under such title (as (4) PROCUREMENT OF TEMPORARY AND INTER- subsection (a) may be used to support activi- determined based on Medicare claims data MITTENT SERVICES.—The Commission may ties designed to improve the training, de- for the most recent 2 years for which data is procure temporary and intermittent services ployment, and retention of critical health available). in accordance with section 3109(b) of title 5, professionals in underserved areas and for (b) DETAILS.— United States Code, at rates for individuals underserved populations, including the fol- (1) DURATION; SCOPE.—The pilot program that do not exceed the daily equivalent of lowing: shall operate during the period beginning on the annual rate of basic pay prescribed for (1) Conducting assessments of key health January 1, 2011 and ending on December 31, level V of the Executive Schedule under sec- professional capacity and needs. Such assess- 2014 and shall include not more than 1,000 tion 5316 of that title. ments shall be conducted in a coordinated medical home primary care providers. (f) POWERS.— manner that provides for the nationwide col- (2) IMPLEMENTATION.— (1) HEARINGS.—The Commission may hold lection of health professional data. (A) IN GENERAL.—The Secretary may im- such hearings, meet and act at such times (2) Convening State health professional plement the pilot program— and places, take such testimony, and receive policymakers to review education, education (i) under title XVIII of the Social Security such evidence as the Commission considers financing, regulations, and taxation and Act; or advisable to carry out this section. compensation policies which affect the train- (ii) subject to subparagraph (B), under a (2) INFORMATION FROM FEDERAL AGENCIES.— ing, deployment, and retention of health pro- combination of such title and other public or (A) IN GENERAL.—The Commission may se- fessionals. A participating State may, taking private programs or organizations. cure directly from a Federal agency such in- into consideration the results of such re- (B) SPECIAL RULE.—In the case where the formation as the Commission considers nec- views, develop short-term and long-term rec- Secretary implements the pilot program essary to carry out this section. ommendations for improving the supply, de- under a combination of title XVIII of the So- (B) PROVISION OF INFORMATION.—On request ployment, and retention of critical health cial Security Act and other public or private of the Chairperson of the Commission, the professionals in underserved areas and for programs or organizations, the Secretary head of the agency shall provide the informa- underserved populations. shall establish procedures to ensure that any tion to the Commission. (d) FUNDING.— funding made available under such title for

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the pilot program is only used to furnish (e) REPORTS BY THE SECRETARY.— medicine, general surgery, geriatrics, gen- items and services to Medicare beneficiaries. (1) INTERIM REPORT.—Not later than Janu- eral internal medicine, general surgery, and (3) PARTICIPATION OF PRIMARY CARE PRO- ary 1, 2013, the Secretary shall submit to obstetrics and gynecology). VIDERS.— Congress an interim report on the pilot pro- ‘‘(III) INCREASE IN PAYMENTS.—Notwith- (A) IN GENERAL.—In no case shall participa- gram. standing any other provision of law, in the tion in the pilot program be limited to pri- (2) FINAL REPORT.—Not later than January case of full-time equivalent residents added mary care providers in those States partici- 1, 2014, the Secretary shall submit to Con- to a hospital’s training program as a result pating in the Medicare medical home dem- gress a final report on the pilot program. of such increase, the Secretary shall provide onstration project under section 204 of Divi- Such report shall include outcome measures for an increase in the amounts otherwise sion B of the Tax Relief and Health Care Act reported by the Secretary under the pilot payable under this subsection with respect of 2006 (Public Law 109–432; 120 Stat. 2987). program, including at least the following: to direct graduate medical education costs Any primary care provider in the United (A) The total costs to the Medicare pro- that would otherwise apply with respect to States that meets the requirements and defi- gram per eligible Medicare beneficiary par- such residents by 10 percent. Such increased nitions under this section and, if applicable, ticipating in the pilot program. payments shall be made to the facility in such section 204, shall be eligible to partici- (B) The performance of primary care pro- which the training is provided to such resi- pate in the pilot program. In selecting pri- viders participating in the pilot program dents.’’. mary care providers to participate in the with regard to— (2) INDIRECT MEDICAL EDUCATION.—Section pilot program, the Secretary shall give pref- (i) quality measures developed by the Sec- 1886(d)(5)(B) of the Social Security Act (42 erence to sites where clinical services and retary; and U.S.C. 1395ww(d)(5)(B)) is amended by adding health professional education are provided (ii) patient safety indicators developed by at the end the following new clause: concurrently, taking into consideration pri- the Secretary. ‘‘(x) Clause (iii) of subsection (h)(4)(F) shall orities of the Permanent National Health (C) The experience of eligible Medicare apply to clause (v) in the same manner and Workforce Commission established under beneficiaries and primary care providers par- for the same period as such clause (iii) ap- section 101 of the Health Access and Health ticipating in the pilot program. plies to clause (i) of such subsection.’’. Professions Supply Act of 2009. (D) An assessment of savings to the Medi- (b) APPLICATION OF MEDICARE GME PAY- (B) DEFINITION OF PRIMARY CARE PRO- care program per eligible Medicare bene- VIDERS.—In this section, the term ‘‘primary ficiary participating in the pilot program MENTS TO ADDITIONAL TRAINING SITE care provider’’ means— that are a result of such participation, as VENUES.— (i) a personal physician (as defined in sub- compared to traditional Medicare fee-for- (1) IN GENERAL.—The Secretary of Health section (c)(1) of section 204 of Division B of service payment methodologies. and Human Services (in this subsection re- the Tax Relief and Health Care Act of 2006 (f) GAO ASSESSMENT AND REPORT.— ferred to as the ‘‘Secretary’’) shall, by regu- (Public Law 109–432; 120 Stat. 2987), except (1) ASSESSMENT.—The Comptroller General lation, provide for the use of payments for that, in applying such definition under this of the United States shall, at the completion direct graduate medical education costs section, the requirements described in sub- of the pilot program, provide for an overall under section 1886(h) of the Social Security section (c)(2)(B) of such section 204 shall assessment of the efficacy of the pilot pro- Act (42 U.S.C. 1395ww(h)) and payments for specify that the staff and resources of the gram. the indirect costs of medical education under physician may include a team of health pro- (2) REPORT.—Not later than January 1, section 1886(d)(5)(B) of the Social Security fessionals (such as nurse practitioners, clin- 2014, the Comptroller General shall submit to Act (42 U.S.C. 1395ww(d)(5)(B)) to support the ical nurse specialists, certified nurse mid- Congress a report containing the results of implementation of community-based train- wives, psychologists and other behavioral the assessment under paragraph (1). ing and innovative training models under and mental health professionals (as defined SEC. 104. IMPROVEMENTS TO PAYMENTS FOR subsections (h)(4)(F)(iii)(II) and (d)(5)(B)(x) of in section 331(a)(3)(E)(i) of the Public Health GRADUATE MEDICAL EDUCATION section 1886 of the Social Security Act (42 UNDER MEDICARE. Service Act (42 U.S.C. 254d(a)(3)(E)(i)), physi- U.S.C. 1395ww). (a) INCREASING THE MEDICARE CAPS ON cian assistants, and other primary care pro- (2) USE OF MODEL OF CARE DELIVERY.—In GRADUATE MEDICAL EDUCATION POSITIONS.— viders that meet requirements established by promulgating regulations under paragraph (1) DIRECT GRADUATE MEDICAL EDUCATION.— the Secretary)); and (1), the Secretary shall consider the model of Section 1886(h)(4)(F) of the Social Security (ii) any other primary care provider (such care delivery of the Institute of Medicine of Act (42 U.S.C. 1395ww(h)(4)(F)) is amended— as a nurse practitioner or a physician assist- the National Academies. (A) in clause (i), by inserting ‘‘clause (iii) ant) that is subject to State licensure laws (3) CONSULTATION.—In promulgating such and’’ after ‘‘subject to’’; and and the requirements of the Secretary. regulations, the Secretary shall consult with (B) by adding at the end the following new (C) LIMITATION ON NUMBER OF PRIMARY CARE the Permanent National Health Workforce clause: PROVIDERS PARTICIPATING IN THE PILOT PRO- Commission established under section 101(a). ‘‘(iii) INCREASE IN CAPS ON GRADUATE MED- GRAM WHO ARE NOT PERSONAL PHYSICIANS.— ICAL EDUCATION POSITIONS FOR STATES WITH A (c) DETERMINATION OF HOSPITAL-SPECIFIC The Secretary shall ensure that the total SHORTAGE OF RESIDENTS.— APPROVED FTE RESIDENT AMOUNTS.—Section number of independently practicing primary ‘‘(I) IN GENERAL.—For cost reporting peri- 1886(h)(2) of the Social Security Act (42 care providers who are not personal physi- ods beginning on or after January 1, 2011, the U.S.C. 1395ww(h)(2)) is amended by adding at cians participating in the pilot program re- Secretary shall increase the otherwise appli- the end the following new subparagraph: flects the percentage of such primary care cable limit on the total number of full-time ‘‘(G) FLEXIBILITY IN DETERMINATION.— providers in the United States (as deter- equivalent residents in the field of allopathic ‘‘(i) IN GENERAL.—Notwithstanding the pre- mined by the Secretary), not to exceed 10 or osteopathic medicine determined under ceding provisions of this paragraph, the ap- percent of the total number of primary care clause (i) with respect to a qualifying hos- proved FTE resident amount for each cost providers participating in the pilot program. pital by an amount equal to 15 percent of the reporting period beginning on or after Janu- (4) SERVICES PERFORMED.—A primary care amount of the otherwise applicable limit (de- ary 1, 2011, with respect to an applicable resi- provider shall perform or provide for the per- termined without regard to this clause). dent shall be determined using a method- formance of at least the services described in Such increase shall be phased-in equally over ology established by the Secretary that al- subsection (c)(3) of such section 204 under the a period of 3 cost reporting periods beginning lows flexibility for payments to be made for pilot program. with the first cost reporting period in which costs in addition to the costs of hospital- (c) CARE COORDINATION FEE PAYMENT the increase is applied under the previous sponsored education. Such methodology METHODOLOGY.—Under the pilot program, the Secretary shall provide for payment sentence to the hospital. shall provide that nonteaching hospital- under section 1848 of the Social Security Act ‘‘(II) QUALIFYING HOSPITAL.—In this clause, based entities (such as managed care organi- (42 U.S.C. 1395w–4) of a per member per the term ‘qualifying hospital’ means a hos- zations and public and private healthcare month care coordination fee to primary care pital that agrees to use the increase in the consortia) that are capable of assembling all providers for the care of eligible Medicare number of full-time equivalent residents of the resources necessary for effectively beneficiaries participating in the pilot pro- under subclause (I) to support community- providing graduate medical education may gram. The Secretary shall appoint a com- based training which emphasizes underserved receive payments for providing graduate mittee to make recommendations about the areas and innovative training models which medical education, either as the sponsor of design and implementation of a methodology address community needs and reflect emerg- such graduate medical education program or for payment of the per member per month ing, evolving, and contemporary models of as an affiliate of such a sponsor. care coordination fee. health care delivery. A qualifying hospital ‘‘(ii) APPLICABLE RESIDENT.—In this sub- (d) PROVISION OF DATA AND TECHNICAL AS- shall give priority to providing such training paragraph, the term ‘applicable resident’ SISTANCE.—The Secretary shall provide— and training models to health professionals means a resident— (1) data to primary care providers partici- in specialties which the Secretary, in con- ‘‘(I) in a specialty which the Secretary, in pating in the pilot program; and sultation with the Permanent National consultation with the Permanent National (2) technical assistance to such primary Health Workforce Commission established Health Workforce Commission established care providers that do not meet the criteria under section 101(a) of the Health Access and under section 101(a) of the Health Access and for the highest tier of the pilot program (as Health Professions Supply Act of 2009, deter- Health Professions Supply Act of 2009, deter- defined by the Secretary). mines are in high-need (including family mines is in high-need;

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.192 S02APPT1 rfrederick on PROD1PC67 with SENATE S4326 CONGRESSIONAL RECORD — SENATE April 2, 2009 ‘‘(II) in a health professional shortage area ternship operated by the hospital as part of year). Such procedures shall prohibit an indi- (as defined in section 332 of the Public a clinical psychology training program that vidual from holding other part-time employ- Health Service Act); is provided upon completion of university ment while providing such part-time obli- ‘‘(III) in a medically underserved commu- course work. gated services. The Secretary may provide nity (as defined in section 799B of the Public TITLE II—AMENDMENTS TO THE PUBLIC for a reduction in the loan repayments pro- Health Service Act), or with respect to a HEALTH SERVICE ACT vided to individuals who provide part-time medically underserved population (as defined obligated services under the authority pro- SEC. 201. EXPANSION OF NATIONAL HEALTH vided under this subsection.’’. in section 330(b)(3) of the Public Health Serv- SERVICE CORPS PROGRAMS. ice Act); and (e) LOAN SUPPORT FOR PARTICIPATING PRE- (a) IN GENERAL.—Section 338H of the Pub- CEPTORS, MENTORS, AND ATTENDINGS TO SU- ‘‘(IV) in a Federal medical facility. lic Health Service Act (42 U.S.C. 254q) is ‘‘(iii) FEDERAL MEDICAL FACILITY.—In this PERVISE STUDENTS AND TRAINEES ON-SITE.— amended— Section 338C of the Public Health Service subparagraph, the term ‘Federal medical fa- (1) in subsection (a), by striking para- cility’ means a facility for the delivery of Act (42 U.S.C. 254m), as amended by sub- graphs (1) through (5) and inserting the fol- section (d), is further amended by adding at health services, and includes— lowing: ‘‘(I) a community health center (as defined the end the following: ‘‘(1) for fiscal year 2009, $165,000,000; ‘‘(f) The Secretary shall develop procedures in section 330 of the Public Health Service ‘‘(2) for fiscal year 2010, $198,000,000; to permit up to 20 percent of the service obli- Act), a public health center, an outpatient ‘‘(3) for fiscal year 2011, $231,000,000; gation of an individual under this section to medical facility, or a community mental ‘‘(4) for fiscal year 2012, $264,000,000; be provided by the individual through health center; ‘‘(5) for fiscal year 2013, $297,000,000; and precepting or mentoring activities, or by ‘‘(II) a hospital, State mental hospital, fa- ‘‘(6) for fiscal year 2014, $330,000,000.’’; and preparing curriculum, for on-site students cility for long-term care, or rehabilitation (2) by adding at the end the following: and trainees. The procedures developed facility; ‘‘(d) EXPANSION OF PROGRAMS.—The Sec- under subsection (e) shall provide for the ‘‘(III) a migrant health center or an Indian retary shall use amounts appropriated for proportional application of this subsection Health Service facility; each of fiscal years 2010 through 2014 under with respect to individual providing obli- ‘‘(IV) a facility for the delivery of health subsection (a), that are in excess of the gated service on a part-time basis.’’. services to inmates in a penal or correctional amount appropriated under such subsection SEC. 202. NATIONAL HEALTH SERVICE CORPS institution (under section 323 of such Act) or for fiscal year 2009, to address shortages of SCHOLARSHIP PROGRAM FOR MED- a State correctional institution; health professionals in rural, frontier, and ICAL, DENTAL, PHYSICIAN ASSIST- ‘‘(V) a Public Health Service medical facil- ANT, PHARMACY, BEHAVIORAL AND urban underserved areas through an expan- MENTAL HEALTH, PUBLIC HEALTH, ity (used in connection with the delivery of sion of the number of scholarships and loan health services under section 320, 321, 322, AND NURSING STUDENTS IN THE repayments under this subpart to address UNITED STATES PUBLIC HEALTH 324, 325, or 326 of such Act); or health workforce shortages in health profes- SCIENCES TRACK IN AFFILIATED ‘‘(VI) any other Federal medical facility.’’. sional shortage areas (as defined in section SCHOOLS. SEC. 105. DISTRIBUTION OF RESIDENT TRAINEES 332), in medically underserved communities (a) PROGRAM AUTHORIZED.— IN AN EMERGENCY. (as defined in section 799B), or with respect (1) IN GENERAL.—Subpart III of part D of (a) EXCLUSION FROM 3-YEAR ROLLING AVER- to medically underserved populations (as de- title III of the Public Health Service Act (42 AGE.—Notwithstanding any other provision fined in section 330(b)(3)).’’. U.S.C. 254l et seq.) is amended— of law, in the case of a host hospital partici- (b) EXPANSION OF OTHER PROGRAMS.—The (A) in the heading by inserting ‘‘, Scholar- pating in an emergency Medicare GME affili- Director of the Indian Health Service, the ship Program for Medical, Dental, Physician ation agreement on or after the date of en- Secretary of Defense, and the Secretary of Assistant, Pharmacy, Behavioral and Mental actment of this Act and training residents in Veterans Affairs, shall expand existing loan Health, Public Health, and Nursing Students excess of its cap, consistent with the rolling repayment programs to emphasize the provi- in the United States Public Health Sciences average provisions applicable for closed pro- sion of health professions services to facili- Track in Affiliated Schools,’’ after ‘‘Scholar- grams as specified in section 413.79(d)(6) of ties that have health professional shortages. ship Program’’; and title 42, Code of Federal Regulations, the (c) NO TAX IMPLICATIONS.— (B) by inserting after section 338A the fol- Secretary of Health and Human Services (1) IN GENERAL.—For purposes of the Inter- lowing: shall exclude from the 3-year rolling average nal Revenue Code of 1986, any amount re- ‘‘SEC. 338A-1. NATIONAL HEALTH SERVICE CORPS FTE residents associated with displaced resi- ceived under a health-related Federal loan SCHOLARSHIP PROGRAM FOR MED- dents during the period in which such agree- repayment program by a health professional ICAL, DENTAL, PHYSICIAN ASSIST- ment is in effect. providing health-related services in a Fed- ANT, PHARMACY, BEHAVIORAL AND (b) ASSESSMENT AND REVISION OF GME MENTAL HEALTH, PUBLIC HEALTH, eral medical facility shall not be included in POLICIES.— AND NURSING STUDENTS IN THE the gross income of such professional. (1) REVIEW.—The Secretary of Health and UNITED STATES PUBLIC HEALTH Human Services shall review policies with (2) DEFINITION.—In this subsection, the SCIENCES TRACK IN AFFILIATED respect to payments for direct graduate med- term ‘‘Federal medical facility’’ means a fa- SCHOOLS. ‘‘(a) ESTABLISHMENT.— ical education costs under section 1886(h) of cility for the delivery of health services, and ‘‘(1) IN GENERAL.—The Secretary shall es- the Social Security Act (42 U.S.C. 1395ww(h)) includes— tablish a program to be known as the Na- and payments for the indirect costs of med- (A) a federally qualified health center (as tional Health Service Corps Scholarship Pro- ical education under section 1886(d)(5)(B) of defined in section 330A of the Public Health gram for Medical, Dental, Physician Assist- the Social Security Act (42 U.S.C. Service Act (42 U.S.C. 254c)), a public health ant, Pharmacy, Behavioral and Mental 1395ww(d)(5)(B)). center, an outpatient medical facility, or a community mental health center; Health, Public Health, and Nursing Students (2) REVISION AND REPORT.—Not later than in the United States Public Health Sciences January 1, 2011, the Secretary shall— (B) a hospital, State mental hospital, facil- Track in Affiliated Schools (in this section (A) as appropriate, revise such policies ity for long-term care, or rehabilitation fa- referred to as the ‘U.S. Public Health that constrain the ability of the Secretary to cility; Sciences Track Scholarship Program) to en- respond to emergency situations and situa- (C) a migrant health center or an Indian sure, with respect to the provision of high- tions involving institutional and program Health Service facility; needs health care services, including pri- closure; and (D) a facility for the delivery of health mary care, general dentistry, nursing, ob- (B) in the case where the Secretary deter- services to inmates in a penal or correctional stetrics, and geriatricians pursuant to sec- mines legislative action is necessary to institution (under section 323 of such Act (42 tion 331(a)(2), an adequate supply of physi- make such revisions, submit to Congress a U.S.C. 250)) or a State correctional institu- cians, physician assistants, pharmacists, be- report containing recommendations for such tion; havioral and mental health professionals, legislative action. (E) a Public Health Service medical facility (used in connection with the delivery of public health professionals, dentists, and SEC. 106. AUTHORITY TO INCLUDE COSTS OF TRAINING OF PSYCHOLOGISTS IN health services under section 320, 321, 322, nurses. The purpose of this program is to PAYMENTS TO HOSPITALS FOR AP- 324, 325, or 326 of such Act (42 U.S.C. 247e, 248, train an additional 150 medical students, 100 PROVED EDUCATIONAL ACTIVITIES 249, 251, 252, or 253)); dental students, 100 physician assistant stu- UNDER MEDICARE. (F) a nurse-managed health center; or dents, 100 behavioral and mental health stu- Effective for cost reporting periods begin- (G) any other Federal medical facility. dents, 100 public health students, and 250 ning on or after the date that is 18 months (d) REDUCED LOAN SUPPORT FOR PART TIME nursing students during each year. Of the 150 after the date of enactment of this Act, for PRACTITIONERS.—Section 338C of the Public scholarships awarded to the medical stu- purposes of payment to hospitals under the Health Service Act (42 U.S.C. 254m) is dents as described under the preceding sen- Medicare program under title XVIII of the amended by adding at the end the following: tence, 10 shall be for training at the Uni- Social Security Act for costs of approved ‘‘(e) Notwithstanding any other provision formed Services University of the Health educational activities (as defined in section of this subpart, the Secretary shall develop Sciences as members of the Commissioned 413.85 of title 42, Code of Federal Regula- procedures to permit periods of obligated Corps of the Public Health Service. tions), such approved educational activities services to be provided on a part-time basis ‘‘(2) RELATIONSHIP TO NATIONAL HEALTH shall include a 1-year doctoral clinical in- (not less than 1,040 hours of such service per SERVICE CORPS SCHOLARSHIP PROGRAM.—

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.193 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4327 Scholarships provided under this section are ‘‘(5) To provide assistance to students who mit to the Secretary an application at such intended to complement, and not take the have completed a course of study at the re- time, in such manner, and containing such place of, scholarships provided to students cipient medical, dental, public health, or information as the Secretary may require. enrolled in courses of study leading to a de- nursing school or physician assistant, phar- ‘‘(c) USE OF FUNDS.—An eligible facility gree in medicine, osteopathic medicine, den- macy, or behavioral and mental health pro- shall use amounts received under a grant tistry, or nursing or completion of an accred- gram during the period in which such stu- under subsection (a) to promote— ited physician assistant, pharmacy, public dents are completing a residency or intern- ‘‘(1) the training of health professionals in health, or behavioral and mental health edu- ship program affiliated with the recipient in- interdisciplinary, community-based settings cational program under the National Health stitution. that are affiliated with hospitals and other Service Corps Scholarship Program author- ‘‘(b) APPLICATION.—A medical, dental, pub- health care facilities and teaching institu- ized by section 338A. lic health, or nursing school or physician as- tions; ‘‘(b) ELIGIBILITY.—To be eligible to partici- sistant, pharmacy, or behavioral and mental ‘‘(2) community development programs pate in the U.S. Public Health Sciences health program seeking a grant under this that assure a diverse health professions Track Scholarship and Grants Program, an section shall submit an application to the workforce through emphasis on individuals individual shall— Secretary at such time, in such manner, and from rural and frontier areas and underrep- ‘‘(1) be accepted for enrollment as a full- containing such information as the Sec- resented minority groups; time student— retary may require. ‘‘(3) the development of a reliable health ‘‘(A) in an accredited (as determined by the ‘‘(c) DEFINITION OF MEDICAL SCHOOL.—In professions pipeline that provides an empha- Secretary) educational institution in a this section, the term ‘medical school’ means sis on health-related careers in schools (such State; and a school of medicine or a school of osteo- as schools participating in the Health Ca- ‘‘(B) in a course of study, or program, of- pathic medicine.’’. reers Opportunities Program) and centers of fered by such institution leading to a degree SEC. 203. FEDERAL MEDICAL FACILITY GRANT excellence, and that encourage individuals in in medicine, osteopathic medicine, dentistry, PROGRAM AND PROGRAM ASSESS- underrepresented minorities (including His- physician assistant, pharmacy, behavioral MENTS. panic, African American, American Indian, and mental health, public health, or nursing; (a) FEDERAL MEDICAL FACILITY GRANT PRO- and Alaska Native individuals) to pursue ‘‘(2) be eligible for, or hold, an appointment GRAM.—Title VII of the Public Health Serv- health professions careers; as a commissioned officer in the Regular or ice Act (42 U.S.C. 292 et seq.) is amended— ‘‘(4) the reduction of health professional Reserve Corps of the Service or be eligible (1) by redesignating part F as part G; and isolation in rural, frontier, and urban under- for selection for civilian service in the Corps; (2) by inserting after part E, the following: served areas through the provision of con- ‘‘(3) submit an application to participate in ‘‘PART F—START-UP EXPENSES LOAN AND tinuing education, mentoring, and the U.S. Public Health Sciences Track GRANT PROGRAMS FOR FEDERAL MED- precepting activities, field faculty develop- Scholarship and Grants Program; and ICAL FACILITIES AND HOSPITALS ment, and the utilization of technology such ‘‘(4) sign and submit to the Secretary, at STARTING HIGH NEEDS RESIDENCY as telehealth and electronic health records; the time of submittal of such application, a PROGRAMS IN SHORTAGE AREAS ‘‘(5) the establishment and operation of re- written contract to accept payment of a ‘‘SEC. 781. FEDERAL MEDICAL FACILITY GRANT gional or statewide health advice telephone scholarship and to serve (in accordance with PROGRAM. lines to reduce after-hours call responsibil- this subpart) for the applicable period of ob- ‘‘(a) IN GENERAL.—The Secretary shall ities for overworked health professionals ligated service in an area in which the need award grants to eligible facilities to increase who provide services in remote areas that for public health-related services may be interdisciplinary, community-based health have few health professionals taking such demonstrated.’’. professions training in high-needs specialties after-hours calls; (2) NO TAX IMPLICATIONS.—For purposes of for physicians, nurses, dentists, physician as- ‘‘(6) an increase in the number of profes- the Internal Revenue Code of 1986, any sistants, pharmacy, behavioral and mental sionals taking after-hours calls in hospitals amount received under the National Health health professionals, public health profes- and emergency departments in health profes- Service Corps Scholarship Program for Med- sionals, and other health professionals as de- sional shortage areas (as defined in section ical, Dental and Nursing Students in the termined appropriate by the Secretary, in 332), in medically underserved communities United States Public Health Sciences Track consultation with the Permanent National (as defined in section 799B), or with respect in Affiliated Schools under section 338A–1 of Health Workforce Commission established to medically underserved populations (as de- the Public Health Service Act, as added by under section 101(a) of the Health Access and fined in section 330(b)(3)); paragraph (1), by a medical student, dental Health Professions Supply Act of 2009. ‘‘(7) the establishment and operation of re- student, or nursing student shall not be in- ‘‘(b) ELIGIBLE FACILITIES; APPLICATION.— lief programs that provide health profes- cluded in the gross income of such student. ‘‘(1) DEFINITION OF ELIGIBLE FACILITY.—In sionals practicing in health professional (b) GRANTS TO INCREASE THE NUMBER OF this section, the term ‘eligible facility’— shortage areas (as defined in section 332) AVAILABLE SLOTS FOR NEWLY ADMITTED MED- ‘‘(A) means a facility which— with patient and call coverage when such ICAL, DENTAL, PHYSICIAN ASSISTANT, PHAR- ‘‘(i) is located in a health professional professionals are ill, are pursuing continuing MACY, BEHAVIORAL AND MENTAL HEALTH, shortage area (as defined in section 332); education, or are taking a vacation; and PUBLIC HEALTH, AND NURSING STUDENTS AND ‘‘(ii) is located in a medically underserved ‘‘(8) the exposure of health professions resi- TO INCREASE PARTICIPATION IN THE U.S. PUB- community (as defined in section 799B), or dents to systems of health care that rep- LIC HEALTH SCIENCES TRACK SCHOLARSHIP with respect to a medically underserved pop- resent the contemporary American PROGRAM.—Part C of title VII of the Public ulation (as defined in section 330(b)(3)); healthcare delivery program (such as ‘P4’ Health Service Act (42 U.S.C. 293k et seq.) is ‘‘(iii) is a Federal medical facility; Prepare the Personal Physician for Practice amended by adding at the end the following: ‘‘(iv) is an area health education center, a and the ‘Health Commons’ programs). ‘‘SEC. 749. GRANTS TO INCREASE THE NUMBER health education and training center, or a ‘‘(d) SUBGRANTS.—An eligible facility may OF AVAILABLE SLOTS FOR NEWLY participant in the Quentin N. Burdick pro- use amounts received under a grant under ADMITTED MEDICAL, DENTAL, PHY- gram for rural interdisciplinary training, this section to award subgrants to States SICIAN ASSISTANT, PHARMACY, BE- that meet the requirements established by and other entities determined appropriate by HAVIORAL AND MENTAL HEALTH, the Secretary to carry out the activities de- PUBLIC HEALTH, AND NURSING STU- the Secretary; or DENTS AND TO INCREASE PARTICI- ‘‘(v) is establishing new residency pro- scribed in subsection (c). PATION IN THE U.S. PUBLIC HEALTH grams in a specialty which the Secretary, in ‘‘(e) SET ASIDE.—In awarding grants under SCIENCES TRACK SCHOLARSHIP consultation with the Permanent National this section, the Secretary shall ensure that PROGRAM. Health Workforce Commission established a total of $500,000 is awarded annually for the ‘‘(a) PROGRAM AUTHORIZED.—The Secretary under section 101(a) of the Health Access and activities of the National Rural Recruitment may make grants to medical, dental, public Health Professions Supply Act of 2009, deter- and Retention Network, or a similar entity. health, and nursing schools and physician as- mines is in high-need; and ‘‘(f) DEFINITION OF FEDERAL MEDICAL FA- sistant, pharmacy, and behavioral and men- ‘‘(B) includes Medicare certified Federally CILITY.—In this section, the term ‘Federal tal health programs for the following pur- Qualified Health Centers, community health medical facility’ means a facility for the de- poses: centers, health care for the homeless cen- livery of health services, and includes— ‘‘(1) To increase the capacity of the recipi- ters, rural health centers, migrant health ‘‘(1) a federally qualified health center (as ent medical, dental, public health, or nursing centers, Indian Health Service entities, defined in section 330A), a public health cen- school or physician assistant, pharmacy, or urban Indian centers, health clinics and hos- ter, an outpatient medical facility, or a com- behavioral and mental health program, to pitals operated by the Indian Health Service, munity mental health center; accept additional medical, dental, public Indian tribes and tribal organizations, and ‘‘(2) a hospital, State mental hospital, fa- health, nursing, physician assistant, phar- urban Indian organizations (as defined in cility for long-term care, or rehabilitation macy, or behavioral and mental health stu- section 4 of the Indian Health Care Improve- facility; dents each year. ment Act), and other Federal medical facili- ‘‘(3) a migrant health center or an Indian ‘‘(2) To develop curriculum. ties). Health Service facility; ‘‘(3) To acquire equipment. ‘‘(2) APPLICATION.—An eligible facility de- ‘‘(4) a facility for the delivery of health ‘‘(4) To recruit, train, and retain faculty. siring a grant under subsection (a) shall sub- services to inmates in a penal or correctional

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.193 S02APPT1 rfrederick on PROD1PC67 with SENATE S4328 CONGRESSIONAL RECORD — SENATE April 2, 2009 institution (under section 323) or a State cor- section 101(a) of the Health Access and ‘‘(E) 100 behavioral and mental health pro- rectional institution; Health Professions Supply Act of 2009) or fessional students annually; ‘‘(5) a Public Health Service medical facil- provide a health professions training pro- ‘‘(F) 100 physician assistant or nurse prac- ity (used in connection with the delivery of gram, as the case may be; titioner students annually; and health services under section 320, 321, 322, ‘‘(B) have received appropriate preliminary ‘‘(G) 50 pharmacy students annually. 324, 325, or 326)); or accreditation from the relevant accrediting ‘‘(2) LOCATIONS.—The Track shall be lo- ‘‘(6) any other Federal medical facility. agency (American Council for Graduate Med- cated at existing and accredited, affiliated ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ical Education, American Osteopathic Asso- health professions education training pro- There are authorized to be appropriated to ciation, or Dental, Physician Assistant, grams at academic health centers located in carry out this section, $623,000,000 for fiscal Pharmacy, Behavioral and Mental Health, regions of the United States determined ap- year 2009, $666,000,000 for fiscal year 2010, Public Health, and Nursing accrediting agen- propriate by the Surgeon General, in con- $675,000,000 for fiscal year 2011, $700,000,000 for cies), as determined by the Secretary; and sultation with the Permanent National fiscal year 2012, and $725,000,000 for fiscal ‘‘(C) execute a signed formal contract Health Workforce Commission. year 2013.’’. under which the hospital or entity agree to ‘‘(b) NUMBER OF GRADUATES.—Except as (b) ASSESSMENTS.— repay the loan. provided in subsection (a), the number of (1) ESTABLISHMENT.—The Secretary of ‘‘(c) USE OF LOAN FUNDS.—Amounts re- persons to be graduated from the Track shall Health and Human Services (referred to in ceived under a loan under subsection (a) be prescribed by the Secretary. In so pre- this section as the ‘‘Secretary’’) shall estab- shall be used only for— scribing the number of persons to be grad- lish program assessment rating tools for ‘‘(1) the salary and fringe benefit expenses uated from the Track, the Secretary shall in- each program funded through titles VII and of residents, students, trainees, and faculty, stitute actions necessary to ensure the max- VIII of the Public Health Service Act (42 or other costs directly attributable to the imum number of first-year enrollments in U.S.C. 292 and 296 et seq.). residency, educational, or training program the Track consistent with the academic ca- (2) CRITERIA.—The Secretary, in consulta- to be carried out under the loan, as specified pacity of the affiliated sites and the needs of tion with the Administrator of the Health by the Secretary; or the United States for medical, dental, and Resources and Services Administration and ‘‘(2) facility construction or renovation, in- nursing personnel. other appropriate public and private stake- cluding equipment purchase. ‘‘(c) DEVELOPMENT.—The development of holders, shall, through negotiated rule- ‘‘(d) PRIORITY.—In awarding loans under the Track may be by such phases as the Sec- making, establish criteria for the conduct of subsection (a), the Secretary shall give pri- retary may prescribe subject to the require- the assessments under paragraph (2). ority to applicants that are located in health ments of subsection (a). ‘‘(d) INTEGRATED LONGITUDINAL PLAN.—The (3) ANNUAL ASSESSMENTS.—The Secretary professional shortage areas (as defined in shall annually enter into a contract with an section 332) or in medically underserved Surgeon General shall develop an integrated longitudinal plan for health professions con- independent nongovernmental entity for the communities (as defined in section 799B), or tinuing education throughout the continuum conduct of an assessment, using the tools es- that serve medically underserved popu- of health-related education, training, and tablished under paragraph (1) and the cri- lations (as defined in section 330(b)(3)). practice. Training under such plan shall em- teria established under paragraph (2), of not ‘‘(e) LOAN PROVISIONS.— phasize patient-centered, interdisciplinary, less than 20 percent, nor more than 25 per- ‘‘(1) LOAN CONTRACT.—The loan contract and care coordination skills. Experience cent, of the programs carried out under ti- entered into under subsection (b)(2) shall with deployment of emergency response tles VII and VIII of the Public Health Serv- contain terms that provide for the repay- teams shall be included during the clinical ice Act, so that every program under such ti- ment of the loan, including the number and experiences. tles is assessed at least once during every 5- amount of installment payments as de- ‘‘(e) FACULTY DEVELOPMENT.—The Surgeon year period. scribed in such contract. Such repayment General shall develop faculty development shall begin on the date that is 24 months SEC. 204. HEALTH PROFESSIONS TRAINING LOAN programs and curricula in decentralized after the date on which the loan contract is PROGRAM. venues of health care, to balance urban, ter- executed and shall be fully repaid not later Part F of title VII of the Public Health tiary, and inpatient venues. Service Act (as added by section 203) is than 36 months after the date of the first ‘‘SEC. 272. ADMINISTRATION. amended by adding at the end the following payment. ‘‘(a) IN GENERAL.—The business of the ‘‘SEC. 782. ESTABLISHMENT. ‘‘(2) INTEREST.—Loans under this section shall be repaid without interest. Track shall be conducted by the Surgeon ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘(f) LIMITATION.—The amount of a loan General with funds appropriated for and pro- tablish a program under which the Secretary under this section with respect to each of the vided by the Department of Health and shall award interest-free loans to— uses described in subsection (c)(1) or (c)(2) Human Services. The Permanent National ‘‘(1) eligible hospitals to enable such hos- shall not exceed $2,000,000. Health Workforce Commission shall assist pitals to establish training programs in high- ‘‘(g) FAILURE TO REPAY.—A hospital or the Surgeon General in an advisory capacity. need specialties; and non-hospital community-based entity that ‘‘(b) FACULTY.— ‘‘(2) eligible non-hospital community-based fails to comply with the terms of a contract ‘‘(1) IN GENERAL.—The Surgeon General, entities to enable such entities to establish entered into under subsection (b)(2) shall be after considering the recommendations of health professions training programs. liable to the United States for the amount the Permanent National Health Workforce ‘‘(b) ELIGIBILITY.— which has been paid to such hospital or enti- Commission, shall obtain the services of ‘‘(1) IN GENERAL.—To be eligible to receive ty under the contract. such professors, instructors, and administra- a loan under subsection (a)— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— tive and other employees as may be nec- ‘‘(A) a hospital shall— There is authorized to be appropriated, such essary to operate the Track, but utilize when ‘‘(i) be located in a health professional sums as may be necessary to carry out this possible, existing affiliated health profes- shortage area (as such term is defined in sec- section.’’. sions training institutions. Members of the tion 332); faculty and staff shall be employed under ‘‘(ii) comply with the requirements of para- SEC. 205. UNITED STATES PUBLIC HEALTH SCIENCES TRACK. salary schedules and granted retirement and graph (2); and Title II of the Public Health Service Act other related benefits prescribed by the Sec- ‘‘(iii) submit to the Secretary an applica- (42 U.S.C. 202 et seq.) is amended by adding retary so as to place the employees of the tion at such time, in such manner, and con- at the end the following: Track faculty on a comparable basis with taining such information as the Secretary the employees of fully accredited schools of may require; or ‘‘PART D—UNITED STATES PUBLIC the health professions within the United ‘‘(B) a non-hospital community-based enti- HEALTH SCIENCES TRACK States. ty shall— ‘‘SEC. 271. ESTABLISHMENT. ‘‘(2) TITLES.—The Surgeon General may ‘‘(i) comply with the requirements of para- ‘‘(a) UNITED STATES PUBLIC HEALTH SERV- confer academic titles, as appropriate, upon graph (2); and ICES TRACK.— the members of the faculty. ‘‘(ii) submit to the Secretary an applica- ‘‘(1) IN GENERAL.—There is hereby author- ‘‘(3) NONAPPLICATION OF PROVISIONS.—The tion at such time, in such manner, and con- ized to be established a United States Public limitations in section 5373 of title 5, United taining such information as the Secretary Health Sciences Track (referred to in this States Code, shall not apply to the authority may require. part as the ‘Track’), at sites to be selected of the Surgeon General under paragraph (1) ‘‘(2) REQUIREMENTS.—To be eligible to re- by the Secretary, with authority to grant ap- to prescribe salary schedules and other receive a loan under subsection (a), a hospital propriate advanced degrees in a manner that lated benefits. or non-hospital community-based entity uniquely emphasizes team-based service, ‘‘(c) AGREEMENTS.—The Surgeon General shall— public health, epidemiology, and emergency may negotiate agreements with agencies of ‘‘(A) on the date on which the entity sub- preparedness and response. It shall be so or- the Federal Government to utilize on a reim- mits the loan application, not operate a resi- ganized as to graduate not less than— bursable basis appropriate existing Federal dency with respect to a high-needs specialty ‘‘(A) 150 medical students annually; medical resources located in the United (as determined by the Secretary in consulta- ‘‘(B) 100 dental students annually; States (or locations selected in accordance tion with the Permanent National Health ‘‘(C) 250 nursing students annually; with section 271(a)(2)). Under such agree- Workforce Commission established under ‘‘(D) 100 public health students annually; ments the facilities concerned will retain

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their identities and basic missions. The Sur- procedures prescribed by the Surgeon Gen- ‘‘(B) STIPEND.—The Surgeon General, based geon General may negotiate affiliation eral. In so prescribing, the Surgeon General on the recommendations of the Permanent agreements with accredited universities and shall consider the recommendations of the National Health Workforce Commission, health professions training institutions in Permanent National Health Workforce Com- shall establish and update Federal stipend the United States. Such agreements may in- mission. rates for payment to students under this clude provisions for payments for edu- ‘‘(2) PRIORITY.—In developing admissions part. cational services provided students partici- procedures under paragraph (1), the Surgeon ‘‘(3) REDUCTIONS IN THE PERIOD OF OBLI- pating in Department of Health and Human General shall ensure that such procedures GATED SERVICE.—The period of obligated Services educational programs. give priority to applicant medical, dental, service under paragraph (1)(A)(ii)(V) shall be ‘‘(d) PROGRAMS.—The Surgeon General may physician assistant, pharmacy, behavioral reduced— establish the following educational programs and mental health, public health, and nurs- ‘‘(A) in the case of a student who elects to for Track students: ing students from rural communities and participate in a high-needs speciality resi- ‘‘(1) Postdoctoral, postgraduate, and tech- underrepresented minorities. dency (as determined by the Permanent Na- nological institutes. ‘‘(b) CONTRACT AND SERVICE OBLIGATION.— tional Health Workforce Commission), by 3 ‘‘(2) A graduate school of nursing. ‘‘(1) CONTRACT.—Upon being admitted to months for each year of such participation ‘‘(3) Other schools or programs that the the Track, a medical, dental, physician as- (not to exceed a total of 12 months); and Surgeon General determines necessary in sistant, pharmacy, behavioral and mental ‘‘(B) in the case of a student who, upon order to operate the Track in a cost-effective health, public health, or nursing student completion of their residency, elects to prac- manner. shall enter into a written contract with the tice in a Federal medical facility (as defined ‘‘(e) CONTINUING MEDICAL EDUCATION.—The Surgeon General that shall contain— in section 781(e)) that is located in a health Surgeon General shall establish programs in ‘‘(A) an agreement under which— professional shortage area (as defined in sec- continuing medical education for members ‘‘(i) subject to subparagraph (B), the Sur- tion 332), by 3 months for year of full-time of the health professions to the end that high geon General agrees to provide the student practice in such a facility (not to exceed a standards of health care may be maintained with tuition (or tuition remission) and a stu- total of 12 months). within the United States. dent stipend (described in paragraph (2)) in ‘‘(c) SECOND 2 YEARS OF SERVICE.—During each school year for a period of years (not to ‘‘(f) AUTHORITY OF THE SURGEON GEN- the third and fourth years in which a med- exceed 4 school years) determined by the stu- ERAL.— ical, dental, physician assistant, pharmacy, dent, during which period the student is en- ‘‘(1) IN GENERAL.—The Surgeon General is behavioral and mental health, public health, authorized— rolled in the Track at an affiliated or other or nursing student is enrolled in the Track, participating health professions institution ‘‘(A) to enter into contracts with, accept training should be designed to prioritize pursuant to an agreement between the Track grants from, and make grants to any non- clinical rotations in Federal medical facili- and such institution; and profit entity for the purpose of carrying out ties in health professional shortage areas, ‘‘(ii) subject to subparagraph (B), the stu- cooperative enterprises in medical, dental, and emphasize a balance of hospital and dent agrees— physician assistant, pharmacy, behavioral community-based experiences, and training ‘‘(I) to accept the provision of such tuition and mental health, public health, and nurs- within interdisciplinary teams. and student stipend to the student; ‘‘(d) DENTIST, PHYSICIAN ASSISTANT, PHAR- ing research, consultation, and education; ‘‘(II) to maintain enrollment at the Track MACIST, BEHAVIORAL AND MENTAL HEALTH ‘‘(B) to enter into contracts with entities until the student completes the course of PROFESSIONAL, PUBLIC HEALTH PROFES- under which the Surgeon General may fur- study involved; SIONAL, AND NURSE TRAINING.—The Surgeon nish the services of such professional, tech- ‘‘(III) while enrolled in such course of General shall establish provisions applicable nical, or clerical personnel as may be nec- study, to maintain an acceptable level of with respect to dental, physician assistant, essary to fulfill cooperative enterprises un- academic standing (as determined by the pharmacy, behavioral and mental health, dertaken by the Track; Surgeon General); public health, and nursing students that are ‘‘(C) to accept, hold, administer, invest, ‘‘(IV) if pursuing a degree from a school of comparable to those for medical students and spend any gift, devise, or bequest of per- medicine or osteopathic medicine, dental, under this section, including service obliga- sonal property made to the Track, including public health, or nursing school or a physi- tions, tuition support, and stipend support. any gift, devise, or bequest for the support of cian assistant, pharmacy, or behavioral and The Surgeon General shall give priority to an academic chair, teaching, research, or mental health professional program, to com- health professions training institutions that demonstration project; plete a residency or internship in a specialty train medical, dental, physician assistant, ‘‘(D) to enter into agreements with entities that the Surgeon General determines is ap- pharmacy, behavioral and mental health, that may be utilized by the Track for the propriate; and public health, and nursing students for some purpose of enhancing the activities of the ‘‘(V) to serve for a period of time (referred significant period of time together, but at a Track in education, research, and techno- to in this part as the ‘period of obligated minimum have a discrete and shared core logical applications of knowledge; and service’) within the Commissioned Corps of curriculum. ‘‘(E) to accept the voluntary services of the Public Health Service equal to 2 years ‘‘(e) ELITE FEDERAL DISASTER TEAMS.—The guest scholars and other persons. for each school year during which such indi- Surgeon General, in consultation with the ‘‘(2) LIMITATION.—The Surgeon General vidual was enrolled at the College, reduced Secretary, the Director of the Centers for may not enter into any contract with an en- as provided for in paragraph (3); Disease Control and Prevention, and other tity if the contract would obligate the Track ‘‘(B) a provision that any financial obliga- appropriate military and Federal govern- to make outlays in advance of the enactment tion of the United States arising out of a ment agencies, shall develop criteria for the of budget authority for such outlays. contract entered into under this part and appointment of highly qualified Track fac- ‘‘(3) SCIENTISTS.—Scientists or other med- any obligation of the student which is condi- ulty, medical, dental, physician assistant, ical, dental, or nursing personnel utilized by tioned thereon, is contingent upon funds pharmacy, behavioral and mental health, the Track under an agreement described in being appropriated to carry out this part; public health, and nursing students, and paragraph (1) may be appointed to any posi- ‘‘(C) a statement of the damages to which graduates to elite Federal disaster preparedness teams to train and to respond to public tion within the Track and may be permitted the United States is entitled for the stu- health emergencies, natural disasters, bio- to perform such duties within the Track as dent’s breach of the contract; and terrorism events, and other emergencies. the Surgeon General may approve. ‘‘(D) such other statements of the rights ‘‘(f) STUDENT DROPPED FROM TRACK IN AF- ‘‘(4) VOLUNTEER SERVICES.—A person who and liabilities of the Secretary and of the in- provides voluntary services under the au- FILIATE SCHOOL.—A medical, dental, physi- dividual, not inconsistent with the provi- cian assistant, pharmacy, behavioral and thority of subparagraph (E) of paragraph (1) sions of this part. shall be considered to be an employee of the mental health, public health, or nursing stu- ‘‘(2) TUITION AND STUDENT STIPEND.— dent who, under regulations prescribed by Federal Government for the purposes of ‘‘(A) TUITION REMISSION RATES.—The Sur- chapter 81 of title 5, relating to compensa- the Surgeon General, is dropped from the geon General, based on the recommendations Track in an affiliated school for deficiency tion for work-related injuries, and to be an of the Permanent National Health Workforce employee of the Federal Government for the in conduct or studies, or for other reasons, Commission established under section 101(a) shall be liable to the United States for all purposes of chapter 171 of title 28, relating to of the Health Access and Health Professions tort claims. Such a person who is not other- tuition and stipend support provided to the Supply Act of 2009, shall establish Federal student. wise employed by the Federal Government tuition remission rates to be used by the shall not be considered to be a Federal em- ‘‘SEC. 274. AUTHORIZATION OF APPROPRIATIONS. Track to provide reimbursement to affiliated ‘‘There is authorized to be appropriated to ployee for any other purpose by reason of the and other participating health professions provision of such services. carry out this part, section 338A-1, and sec- institutions for the cost of educational serv- tion 749, such sums as may be necessary.’’. ‘‘SEC. 273. STUDENTS; SELECTION; OBLIGATION. ices provided by such institutions to Track SEC. 206. MEDICAL EDUCATION DEBT REIM- ‘‘(a) STUDENT SELECTION.— students. The agreement entered into by BURSEMENT FOR PHYSICIANS OF ‘‘(1) IN GENERAL.—Medical, dental, physi- such participating institutions under para- THE VETERANS HEALTH ADMINIS- cian assistant, pharmacy, behavioral and graph (1)(A)(i) shall contain an agreement to TRATION. mental health, public health, and nursing accept as payment in full the established re- (a) IN GENERAL.—The Secretary of Vet- students at the Track shall be selected under mission rate under this subparagraph. erans Affairs shall carry out a program

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under which eligible physicians described in (B) for which not less than 20 percent of (2) PROGRAM REQUIREMENTS.—A program of subsection (b) are reimbursed for the edu- the children served by the agency are chil- study described in paragraph (1) shall— cation debt of such physicians as described dren from low-income families; (A) involve a review and identification of in subsection (c). (C) that meets the eligibility requirements the content knowledge and skills students (b) ELIGIBLE PHYSICIANS.—An eligible phy- for funding under the Small, Rural School who enter institutions of higher education sician described in this subsection is any Achievement Program under section 6211(b) and the workforce need to have in order to physician currently appointed to a physician of the Elementary and Secondary Education succeed in the healthcare field; position in the Veterans Health Administra- Act of 1965 (20 U.S.C. 7345(b)); or (B) promote the alignment of mathematics tion under section 7402(b)(1) of title 38, (D) that meets the eligibility requirements and science curricula and assessments in United States Code, who enters into an for funding under the Rural and Low-Income middle school and high school and facilitate agreement with the Secretary to continue School Program under section 6221(b)(1) of learning of the required knowledge and skills serving as a physician in such position for the Elementary and Secondary Education identified in subparagraph (A); such period of time as the Secretary shall Act of 1965 (20 U.S.C. 7351(b)(1)). (C) include an outreach component to edu- specify in the agreement. (4) NONPROFIT HEALTHCARE CAREER PATH- cate middle school and high school students (c) COVERED EDUCATION DEBT.—The edu- WAY PARTNERSHIP ORGANIZATION.—The term and their parents about the full range of em- cation debt for which an eligible physician ‘‘nonprofit healthcare career pathway part- ployment opportunities in the healthcare may be reimbursed under this section is any nership organization’’ means a nonprofit or- field, specifically in the local community; amount paid by the physician for tuition, ganization focused on developing career and (D) include specific opportunities for youth room and board, or expenses in obtaining the educational pathways to healthcare profes- to interact with healthcare professionals or degree of doctor or medicine or of doctor of sions, that shall include representatives of— industry representatives in the classroom, osteopathy, including any amounts of prin- (A) the local educational agencies; school, or community locations and how cipal or interest paid by the physician under (B) not less than 1 institution of higher these experiences will be integrated with a loan, the proceeds of which were used by or education (as defined in section 101(a) of the coursework; on behalf of the physician for the costs of ob- Higher Education Act of 1965 (20 U.S.C. (E) include high-quality volunteer or in- taining such degree. 1001(a))) with an established health profes- ternship experiences, integrated with (d) FREQUENCY OF REIMBURSEMENT.—Any sion education program; and coursework; reimbursement of an eligible physician (C) not less than 1 community-based, pri- (F) provide high-quality mentoring, coun- under this section shall be made in a lump vate sector healthcare provider organization seling, and career counseling support serv- sum or in installments of such frequency as or other healthcare industry organization. ices to program participants; the Secretary shall specify the agreement of (5) SECRETARY.—The term ‘‘Secretary’’ (G) consider the inclusion of a distance- the physician as required under subsection means the Secretary of Education. learning component or similar education (b). (c) GRANTS AUTHORIZED.— technology that would expand opportunities (e) LIABILITY FOR FAILURE TO COMPLETE (1) IN GENERAL.—The Secretary is author- for geographically isolated individuals; OBLIGATED SERVICE.—Any eligible physician ized to award grants, on a competitive basis, (H) encourage the participation of individ- who fails to satisfactorily complete the pe- to eligible recipients to enable the recipients uals who are members of groups that are riod of service agreed to by the physician to develop and implement programs of study underrepresented in postsecondary education under subsection (b) shall be liable to the to prepare middle school and high school stu- programs in mathematics and science; United States in an amount determined in dents for postsecondary education leading to (I) encourage participants to seek work in accordance with the provisions of section careers in the healthcare field. communities experiencing acute health pro- 7617(c)(1) of title 38, United States Code. (2) MINIMUM FUNDING LEVEL.—Grants shall fessional shortages; and (f) TREATMENT OF REIMBURSEMENT WITH be awarded at a minimum level of $500,000 (J) collect data, and analyze the data using OTHER PAY AND BENEFIT AUTHORITIES.—Any per recipient, per year. measurable objectives and benchmarks, to amount of reimbursement payable to an eli- (3) RENEWABILITY.—Grants may be re- evaluate the extent to which the program gible physician under this section is in addi- newed, at the discretion of the Secretary, for succeeded in— tion to any other pay, allowances, or bene- not more than 5 years. (i) increasing student and parent aware- fits that may be provided the physician (d) APPLICATION.—Each eligible recipient ness of occupational opportunities in the under law, including any educational assist- desiring a grant under this section shall sub- healthcare field; ance under the Department of Veterans Af- mit an application to the Secretary at such (ii) improving student academic achieve- fairs Health Professional Educational Assist- time, in such manner, and containing such ment in mathematics and science; ance Program under chapter 76 of title 38, information as the Secretary may require, (iii) increasing the number of students en- United States Code. which shall include an assurance that the re- tering health care professions upon gradua- TITLE III—HEALTH PROFESSIONAL cipient will meet the program requirements tion; and TRAINING PIPELINE PARTNERSHIPS described in subsection (f)(2). (iv) increasing the number of students pur- PROGRAM (e) PRIORITY.—In awarding grants under suing secondary education or training oppor- SEC. 301. GRANTS TO PREPARE STUDENTS FOR this section, the Secretary shall give pri- tunities with the potential to lead to a ca- CAREERS IN HEALTH CARE. ority to— reer in the healthcare field. (a) PURPOSE.—The purpose of this section (1) applicants that include a local edu- (3) PLANNING GRANT SET ASIDE.—Each eligi- is to support the development and implemen- cational agency that is located in an area ble recipient that receives a grant under this tation of programs designed to prepare mid- that is designated under section 332(a)(1)(A) section shall set aside 10 percent of the grant dle school and high school students for study of the Public Health Service Act (42 U.S.C. funds for planning and program development and careers in the healthcare field, including 254e(a)(1)(A)) as a health professional short- purposes. success in postsecondary mathematics and age area; (g) MATCHING REQUIREMENT.—Each eligible science programs. (2) applicants that include an institution of recipient that receives a grant under this (b) DEFINITIONS.—In this section: higher education that emphasizes an inter- section shall provide, from the private sec- (1) CHILDREN FROM LOW-INCOME FAMILIES.— disciplinary approach to health profession tor, an amount equal to 40 percent of the The term ‘‘children from low-income fami- education; and amount of the grant, in cash or in kind, to lies’’ means children described in section (3) applicants whose program involves the carry out the activities supported by the 1124(c)(1)(A) of the Elementary and Sec- development of a uniquely innovative public- grant. ondary Education Act of 1965 (20 U.S.C. private partnership. (h) REPORTS.— 6333(c)(1)(A)). (f) AUTHORIZED ACTIVITIES/USE OF FUNDS.— (1) ANNUAL EVALUATION.—Each eligible re- (2) ELIGIBLE RECIPIENTS.—The term ‘‘eligi- (1) IN GENERAL.—Each eligible recipient cipient that receives a grant under this sec- ble recipient’’ means— that receives a grant under this section shall tion shall collect and report to the Secretary (A) a nonprofit healthcare career pathway use the grant funds to develop and imple- annually such information as the Secretary partnership organization; or ment programs of study to prepare middle may reasonably require, including— (B) a high-need local educational agency in school and high school students for careers (A) the number of schools involved and stu- partnership with— in the healthcare field that— dent participants in the program; (i) not less than 1 institution of higher edu- (A) are aligned with State challenging aca- (B) the race, gender, socio-economic sta- cation with an established health profession demic content standards and State chal- tus, and disability status of program partici- education program; and lenging student academic achievement pants; (ii) not less than 1 community-based, pri- standards; and (C) the number of program participants vate sector healthcare provider organization. (B) lead to high school graduation with the who successfully graduated from high school; (3) HIGH-NEED LOCAL EDUCATIONAL AGEN- skills and preparation— (D) the number of program participants CY.—The term ‘‘high-need local educational (i) to enter postsecondary education pro- who reported enrollment in some form of agency’’ means a local educational agency or grams of study in mathematics and science postsecondary education with the potential educational service agency— without remediation; and to lead to a career in the healthcare field; (A) that serves not fewer than 10,000 chil- (ii) necessary to enter healthcare jobs di- (E) the number of program participants dren from low-income families; rectly. who entered a paid position, either part-time

VerDate Nov 24 2008 08:20 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.193 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4331 or full-time, in the healthcare field following In fact, Senator Breaux and I first in- sequences of elder abuse, and that must participation in the program; and troduced this legislation in the 107th change. (F) the data and analysis required under Congress. The Elder Justice Act takes several subsection (f)(2)(J). Even though Senator Breaux is no important steps to help protect our (2) REPORT.—Not later than 3 years after vulnerable elders. First, it boosts fund- the date of enactment of this section, the longer in the Senate, he has still Secretary shall submit to Congress an in- fought for passage of this legislation ing for the long-term care ombudsman terim report on the results of the evalua- and currently serves as the Honorary program, which is the chief source of tions conducted under paragraph (1). Chairman of the Elder Justice Coali- advocacy for individuals who live in (i) AUTHORIZATION AND APPROPRIATION.— tion. nursing homes and assisted living fa- (1) IN GENERAL.—There are authorized to be As far as the Elder Justice Act is cilities. The bill would advance the un- appropriated $100,000,000 for each of fiscal concerned, one of the most significant derstanding of how to prosecute and years 2009 through 2013 to carry out this sec- provisions of this bill is the creation of address elder abuse by providing funds tion. an Elder Justice Coordinating Council to focus on and develop the forensics of (2) ADMINISTRATIVE COSTS.—For the costs elder abuse. In addition, it elevates the of administering this section, including the and an Advisory Board on elder abuse, costs of evaluating the results of grants and neglect and exploitation. importance of elder justice issues by submitting reports to the Congress, there are The Coordinating Council, which creating a coordinating council of Fed- authorized to be appropriated such sums as would be chaired by the Secretary of eral agencies that will make policy may be necessary for each of fiscal years 2009 Health and Human Services, would be recommendations and submit reports through 2013. made up of Federal agency representa- to Congress every 2 years. The legisla- tives who would be responsible for tion provides funding for adult protec- By Mr. HATCH (for himself, Mrs. overseeing programs related to elder tive services programs and improves LINCOLN, Mr. KOHL, and Ms. abuse. training and working conditions for SNOWE): Advisory Board members would in- long-term care professionals. S. 795. A bill to amend the Social Se- clude citizens who have extensively We must also act to prevent abuse of curity Act to enhance the social secu- studied issues surrounding elder abuse. our elders whenever and wherever pos- rity of the Nation by ensuring ade- Together, the Council and Advisory sible. The Patient Safety and Abuse quate public-private infrastructure and Board would be responsible for coordi- Prevention Act, which I recently re- to resolve to prevent, detect, treat, in- nating public and private activities and introduced with my colleague, Senator tervene in, and prosecute elder abuse, programs related to elder abuse. Collins, would do much to prevent neglect, and exploitation, and for other Today, that goal is unattainable be- physical, emotional and financial purposes; to the Committee on Fi- cause quite simply, the approach to ad- abuse by providing States with the re- nance. dressing elder abuse is disjointed sources they need to significantly im- Mr. HATCH. Mr. President, today, among Federal agencies. prove background check screening Senator BLANCHE LINCOLN, Senator Therefore, the major goal of the processes for vulnerable populations, HERB KOHL, Senator OLYMPIA SNOWE Elder Justice Act would be to encour- including frail elders and individuals and I will be introducing the Elder Jus- age a comprehensive and coordinated with disabilities. We know from the re- tice Act. The Elder Justice Act we are response by these Federal agencies to sults of a 3-year pilot program that introducing today was reported by the elder abuse. thousands of predators can be elimi- Senate Finance Committee during the I also want to take a minute to ad- nated from the long-term care work- last Congress. In fact, this legislation dress a concern that has been raised by force that serves elders simply by im- has been introduced consistently since some who believe that the Elder Jus- proving and tightening screening the 107th Congress. Additionally, it has tice Act is duplicative because federal standards. been reported unanimously by the Fi- programs already exist to address elder In closing, I urge my colleagues to nance Committee during the last three abuse. support both the Elder Justice Act and Congresses. I respectfully disagree with that as- the Patient Safety and Abuse Preven- I want to express my gratitude to sessment. In fact, last Congress, we tion Act. Thousands of individuals with Senator BLANCHE LINCOLN, the other spent a lot of time with agency offi- a history of substantiated abuse or a lead sponsor of the Elder Justice Act. cials to address some of the concerns criminal record are hired every year to work closely with exposed and defense- Senator LINCOLN’s strong commitment raised about the bill. It is my hope that less seniors within our Nation’s nurs- to reducing elder abuse has made a tre- we will continue those discussions this ing homes and other long-term care fa- mendous difference. It has been a year. cilities. Because the current system of pleasure to work with her on this im- That being said, I truly believe that State-based background checks is hap- portant legislation. our government needs to do more when hazard, inconsistent, and full of gaping In addition, I want to acknowledge it comes to elder abuse. As more and holes, predators can evade detection the other original cosponsors of this more baby boomers retire over the next throughout the hiring process, securing bill, Senator HERB KOHL and Senator 3 decades, we can no longer ignore the jobs that allow them to assault, abuse, OLYMPIA SNOWE. Over the years, Sen- reality that elder abuse is prevalent and steal from defenseless elders. ator KOHL has been strong supporter of within our society and we must do I thank Senators HATCH, LINCOLN, this legislation and, as Chairman of the something to address it. Enacting the and SNOWE for their commitment to Select Committee on Aging, his sup- Elder Justice Act is the first step. the cause of elder justice. I look for- port has been greatly appreciated by Senior citizens cannot wait any ward to working with my colleagues to me. Senator SNOWE has been a strong longer for this legislation to pass. Get- enact the legislation we are intro- supporter of the Elder Justice Act for ting this bill signed into law continues ducing today. many years. to be one of my top priorities. There- The Elder Justice Coalition, headed fore, I urge my colleagues to cosponsor By Mr. BINGAMAN: by Bob Blancato, also has been a great the Elder Justice Act and support the S. 796. A bill to modify the require- ally of the Elder Justice Act. The coa- passage of this legislation. ments applicable to locatable minerals lition, which has close to 560 members, Our seniors deserve no less. on public domain land, and for other is dedicated to eliminating elder abuse, Mr. KOHL. Mr. President, I wish purposes; to the Committee on Energy neglect, and exploitation in our coun- today to express my support for the and Natural Resources. try. Over the years, coalition members Elder Justice Act of 2009. As in pre- Mr. BINGAMAN. Mr. President, I rise have worked hard to educate Congress vious years, I am proud to be an origi- today to introduce the Hardrock Min- about the Elder Justice Act. nal cosponsor. I wish to thank my col- ing and Reclamation Act of 2009. This I also must acknowledge the work of league, Senators HATCH, LINCOLN, and legislation would reform the anti- former Senator John Breaux on this SNOWE for their leadership to address quated Mining Law of 1872, a law that important legislation. Senator Breaux the often-hidden scourge of elder abuse. governs the mining of hardrock min- was the original sponsor of the Elder For years, Congress has failed to take erals, such as gold, silver, and copper, Justice Act. concrete action to address the con- from our Federal lands.

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.193 S02APPT1 rfrederick on PROD1PC67 with SENATE S4332 CONGRESSIONAL RECORD — SENATE April 2, 2009 When the Mining Law was enacted in I note that my bill includes a range collected from lands under permit that 1872, in the aftermath of the California for both the royalty rate and the rec- are producing in commercial quantities gold rush, Congress sought to encour- lamation fee which will be set by the on the date of enactment. Royalty rev- age settlement of the West. Congress Secretary through a rulemaking proc- enues will be deposited into the did this by offering free minerals and ess. This ensures that the Secretary Hardrock Minerals Reclamation Fund. land to those who were willing to go will have the benefit of comments and The bill includes a provision for roy- West and mine. Congress put in place a information from interested parties alty reductions for all or part of a min- system whereby miners could enter the and the public in setting the royalty ing operation where the person con- public lands and locate claims for valu- and fee. We must look comprehensively ducting the mineral activities shows by able mineral deposits, and mine the at the subject of royalties and fees to clear and convincing evidence that minerals with no further payment to ensure that we continue to maintain a without the reduction, production the government. In the 1872 law, Con- healthy domestic hardrock mining in- would not occur. gress also provided that the Federal dustry with the benefits that the na- Government would patent, or transfer tion derives from that industry, includ- The bill states that permits are re- title in fee simple, to the mining ing jobs and strategic minerals. At the quired for all mineral activities on claims on the public domain for $2.50 or same time, we want to ensure that the Federal land except for ‘‘casual use’’ $5.00 an acre. public gets the fair return on these re- that ordinarily results in no or neg- In 1920, Congress enacted the Mineral sources that the American people de- ligible disturbance. Mining permits are Leasing Act, and removed oil, gas, serve. I hope to receive additional for a term of 30 years and so long coal, and certain other minerals from input on this issue of royalties and fees thereafter as production occurs in com- the operation of the Mining Law. In so during consideration of the bill. mercial quantities. The operator must doing, Congress enacted a management Another part of this legislation war- provide evidence of approved financial regime that requires the leasing of rants special attention—that is the assurances sufficient to ensure comple- these minerals. In addition, Congress provisions relating to abandoned tion of reclamation if performed by the required payment of per-acre rentals hardrock mine reclamation. While esti- Secretary concerned. and ad valorem royalties based on the mates vary, a recent survey of States Financial assurances attributable to value of production of the oil, gas and indicated that there are as many as the cost of water treatment will not be coal, providing a return to the public 500,000 abandoned hardrock mine sites released until the discharge has ceased for the production of publicly-owned nationwide with most of these in the resources. West. These abandoned mines pose seri- for at least 5 years or the operator has However, as we all know, the Mining ous public health and safety risks. met all applicable water quality stand- Law of 1872 continues to govern the They also degrade our environment and ards for at least 5 years. The operator disposition of hardrock minerals from pose special threats to our most pre- may be required to establish a trust Federal lands. While Congress has cious resource: water. fund or other long-term funding mech- stepped in and prevented the patenting As we discuss the size and shape of anism to provide financial assurances of lands through annual appropriations legislation to reform the 1872 law, for long-term treatment of water or riders, patenting provisions allowing there appears to be substantial support other long-term post-mining mainte- the transfer of mineralized Federal for enacting a robust hardrock aban- nance or monitoring requirements. lands for $2.50 or $5.00 per acre are still doned mine land program. My legisla- The Secretary of Agriculture must on the books. In addition, to this day tion would enact a reclamation fee to take any action necessary to prevent under the Mining Law, billions of dol- fund this effort. In 1977, Congress en- unnecessary or undue degradation in lars of hardrock minerals can be mined acted a coal AML program as part of administering mineral activities on from Federal lands without payment of the Surface Mining Control and Rec- National Forest System land. The bill a royalty. General land management lamation Act to address the serious directs the Secretaries of the Interior and environmental laws apply, but problem of abandoned coal mines. This and Agriculture to jointly issue regula- there are no specific statutory provi- program was funded by a fee levied on tions. sions under the Mining Law setting coal production. We are overdue to surface management or environmental enact a similar program to deal with The bill requires within 3 years a re- standards. abandoned hardrock mines. view of certain lands to determine Efforts to comprehensively reform Mr. President, the bill I introduce whether they will be available for fu- the Mining Law have been ongoing lit- today reforms the Mining Law of 1872 ture mining claim location. The Gov- erally for decades, but results have in important ways. The key provisions ernor of a state, Chairman of an Indian thus far been elusive. Congress came of this bill are outlined. tribe, or appropriate local official may close to enacting comprehensive re- The bill eliminates patenting of Fed- petition the Secretary to undertake a form in 1994, and Congress has enacted eral lands, but grandfathers patent ap- review of an area. moratoria on patent issuance and has plications filed and meeting all re- The bill establishes a program for the imposed claim maintenance fees quirements by September 30, 1994. reclamation of abandoned hardrock through the appropriations process. The bill makes modest increases in mines in 14 western states. Creates a The House passed reform legislation the annual claim maintenance fee, Hardrock Minerals Reclamation Fund last Congress and several of us in the from $125 to $150, and claim location comprised of hardrock royalties, fees, Senate had discussions regarding how fee, from $30 to $50. The legislation re- and donations. Each operator of a we could address this issue. quires the mine operator to pay a fee in There is a growing number of people hardrock mining operation on Federal, exchange for the use of Federal land state, tribal or private land, must pay saying that finally this Congress may that is included within the mine per- be the time to achieve this long-await- a reclamation fee established by the mit area. The bill provides that fees Secretary of not less than 0.3 percent, ed reform. Chairman RAHALL, a cham- collected are to be used for the admin- and not more than 1.0 percent, of the pion of reform in the House of Rep- istration of hardrock mining on Fed- value of the production of the hardrock resentatives, has again introduced mineral lands. Any excess funds are depos- minerals for deposit into the Fund. The ing reform legislation. The bill that I ited into the Hardrock Minerals Rec- bill provides grant programs for all introduce today differs in many signifi- lamation Fund. cant ways from the House legislation, The bill provides that the production states for hardrock reclamation and builds on discussions in the Senate of all locatable minerals is subject to a projects and for public entities and last Congress. My bill, like other re- royalty to be determined by the Sec- nonprofit organizations for collabo- form proposals, reflects a view that the retary by regulation of not less than 2 rative restoration projects to improve law needs to be amended to ensure that percent and not more than 5 percent of fish and wildlife habitat affected by the public gets a fair return for its re- the value of production, not including past hardrock mining. sources, that environmental and land reasonable transportation, benefici- Reform of the Mining Law of 1872 is use requirements are modernized, and ation, and processing costs. The roy- a matter that has come before the Con- that certainty is provided to the min- alty may vary based on the particular gress repeatedly and that we simply ing industry. mineral concerned. No royalty will be must address. I ask that my colleagues

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.203 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4333 join me in cosponsoring this important on both BLM and Forest Service lands by ap- of this Act, except that the land use fee ap- legislation. plying the ‘‘unnecessary or undue degrada- plies only to mining permits or modifica- Mr. President, I ask unanimous con- tion’’ standard currently applicable to BLM tions after the date of enactment. No royalty sent that a bill summary be printed in land to National Forest System land. Directs is required on production from Federal land the Secretaries of the Interior and Agri- that is subject to an operations permit on the RECORD. culture to jointly issue regulations. the date of enactment of this Act and that There being no objection, the mate- Land Open to Location—Amends the Fed- produces valuable locatable minerals in com- rial was ordered to be printed in the eral Land Policy and Management Act to re- mercial quantities on the date of enactment. RECORD, as follows: quire within 3 years that local Federal land Enforcement—Provides for enforcement, THE HARDROCK MINING AND RECLAMATION ACT managers review specified categories of including civil penalty authority for the Sec- OF 2009 lands for withdrawal from operation of the retary. Mining Law, subject to valid existing rights. Uncommon Varieties—Subject to valid ex- Eliminates Patenting—Eliminates the The categories to be reviewed are: des- isting rights, makes minerals classified as practice of patenting Federal land (i.e., ignated wilderness study areas and National ‘‘common varieties with distinct and special transferring title) while grandfathering pat- Forest System land identified as suitable for value’’ subject to disposal under the Mate- ent applications filed and meeting all re- wilderness designation; areas of critical en- rials Act of 1947. quirements by September 30, 1994. vironmental concern; Federal land in which Review of Uranium Development on Fed- Claim Maintenance and Location Fees—In- mineral activities pose a reasonable likeli- eral Land—Provides for a National Academy creases the current annual claim mainte- hood of substantial adverse impacts on Na- of Sciences review of legal and related re- nance fee to $150 (up from $125 under current tional Conservation System units as defined quirements applicable to the development of law) which is paid in lieu of annual assess- in the bill; certain areas with potential for uranium on Federal lands. ment work, with an exception for claim hold- inclusion in the Wild and Scenic Rivers Sys- ers with 10 or fewer claims. Increases the tem as specified; and areas identified in the By Mr. DORGAN (for himself, Mr. current claim location fee to $50 per claim set of inventoried roadless area maps con- BARRASSO, Mr. BAUCUS, Mr. (up from $30 under current law). Provides tained in the Forest Service Roadless Areas that fees collected are to be used for the ad- BINGAMAN, Mr. LIEBERMAN, Mr. Conservation, Final Environmental Impact ministration of hardrock mining on Federal KYL, Mr. WYDEN, Mr. JOHNSON, Statement, Volume 2, dated November 2000). lands. Any excess is deposited into the Ms. CANTWELL, Ms. MURKOWSKI, Based on the review and recommendation of Hardrock Minerals Reclamation Fund. Pro- Mr. THUNE, Mr. TESTER, Mr. the local Federal land manager, areas can be vides for adjustment of the fees to reflect removed from operation of the Mining Law, BEGICH, and Mr. UDALL of New changes in the Consumer Price Index. subject to valid existing rights. The Gov- Mexico): Royalties—Production of all locatable ernor of a state, head of an Indian tribe, or S. 797. A bill to amend the Indian minerals is subject to a royalty to be deter- appropriate local official may petition the Law Enforcement Reform Act, the In- mined by the Secretary by regulation of not Secretary to direct the local Federal land dian Tribal Justice Act, the Indian less than 2 percent and not more than 5 per- manager to undertake a review of an area to cent of the value of production, not includ- Tribal Justice Technical and Legal As- determine whether land should be with- ing reasonable transportation, beneficiation, sistance Act of 2000, and the Omnibus drawn, subject to valid existing rights. Crime Control and Safe Streets Act of and processing costs. The royalty may vary Inspection and Monitoring—Requires the based on the particular mineral concerned. Secretary concerned to conduct inspections 1968 to improve the prosecution of, and No royalty will be collected from existing at least once each quarter. All operators response to, crimes in Indian country, mines that are producing in commercial must develop and maintain a monitoring and and for other purposes; to the Com- quantities on the date of enactment. Royalty evaluation system. mittee on Indian Affairs. revenues will be deposited into the Hardrock Hardrock Minerals Reclamation Fund— Mr. DORGAN. Mr. President, I rise Minerals Reclamation Fund. Provides for Provides for the payment of royalties, fees, royalty reductions for all or part of a mining today to introduce the Tribal Law and and donations into a Hardrock Minerals Rec- Order Act of 2009. operation where the person conducting the lamation Fund to be administered by the mineral activities shows by clear and con- Last Congress, as Chairman of the Secretary of the Interior through the Office Committee on Indian Affairs, I chaired vincing evidence that without the reduction, of Surface Mining Reclamation and Enforce- production would not occur. Provides for en- ment. eight hearings on the criminal justice forcement for royalty and certain fee collec- Use of the Fund—The Secretary may use system as it relates to American In- tions. Provides for a look-back report on the amounts in the Fund without further appro- dian and Alaska Native communities. impacts of royalties and fees. priation for the reclamation of land and Those hearings confirmed that a long- Permits—Permits are required for all min- water (Federal, State, tribal and private) af- standing and life threatening public eral activities on Federal land except for fected by past hardrock mining and related ‘‘casual use’’ that ordinarily results in no or safety crisis exists on many of our Na- activities in 14 western states when there is tion’s American Indian reservations. negligible disturbance. Mining permits are no continuing reclamation responsibility of for a term of 30 years and so long thereafter the claim holder or operator, and for One of the primary causes for violent as production occurs in commercial quan- hardrock reclamation grant programs na- crime in Indian Country is the broken tities. tionwide as specified in the bill. system of justice. The current system Land Use Fees—With respect to new mines, Allocation of the Fund—Provides for allo- limits local tribal government author- requires the operator to pay a land use fee as cation of the Fund: to states and tribes based ity to combat crime in their own com- determined by the Secretary by regulation on current hardrock production and on the munities, and requires reservation resi- equal to 4 times the claim maintenance fee quantity of hardrock minerals historically imposed for each 20 acres of Federal land dents to rely on Federal officials to in- produced; to agencies for expenditure on vestigate and prosecute violent crimes that is included within the mine permit area. Federal land; for grants to states other than Upon approval of the mining permit and pay- the 14 designated western states for reclama- in district courts that are often hun- ment of the fee, the operator may use and tion of abandoned hardrock mine sites; for dreds of miles away from the reserva- occupy the Federal land within the permit grants to public entities and nonprofit orga- tion. area, consistent with the mining permit and nizations for collaborative restoration The United States created this sys- all applicable law. projects to improve fish and wildlife habitat tem. In so doing, our Government ac- Financial Assurances—The operator must affected by past hardrock mining; and for cepted the responsibility to police In- provide evidence of approved financial assur- program administration. dian lands, and incurred a legal obliga- ances sufficient to ensure completion of rec- Abandoned Mine Land Fee—Each operator tion to provide for the public safety of lamation if performed by the Secretary con- of a hardrock mineral mining operation on cerned. Federal, state, tribal or private land, shall tribal communities. Water Reclamation—Financial assurances pay to the Secretary a reclamation fee estab- Unfortunately, we are not meeting attributable to the cost of water treatment lished by the Secretary by regulation of not that obligation. will not be released until the discharge has less than 0.3 percent, and not more than 1.0 The following is a partial listing of ceased for at least 5 years or the operator percent, of the value of the production of the Indian Country criminal justice statis- has met all applicable water quality stand- hardrock minerals mining operation for each tics. These statistics represent more ards for at least 5 years. The operator may calendar year for deposit into the Fund. than numbers. They represent the dark be required to establish a trust fund or other Transition—If a plan of operations is ap- reality faced by hundreds of tribal long-term funding mechanism to provide fi- proved or a notice of operations is filed for nancial assurances for long-term treatment mineral activities before the date of enact- communities on a daily basis. of water or other long-term post-mining ment, mineral activities will be subject to The violent crime rate in Indian maintenance or monitoring requirements. the approved plan of operations or the notice country is nearly twice the national Operation and Reclamation—Creates a uni- for 10 years after the date of enactment. All average, and more than 20 times the form standard for operation and reclamation fees apply starting on the date of enactment national average on some reservations.

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.205 S02APPT1 rfrederick on PROD1PC67 with SENATE S4334 CONGRESSIONAL RECORD — SENATE April 2, 2009 Thirty-four percent of Native women tocols. It would require officials to tes- TITLE IV—TRIBAL JUSTICE SYSTEMS will be raped in their lifetimes; and 39 tify to aid tribal court prosecutions. Sec. 401. Indian alcohol and substance abuse. percent will be subject to domestic vio- The bill would also require Federal of- Sec. 402. Indian tribal justice; technical and lence. ficials to receive specialized training to legal assistance. Fewer than 3,000 tribal and Federal properly interview victims of domestic Sec. 403. Tribal resources grant program. law enforcement officers patrol more Sec. 404. Tribal jails program. and sexual violence, and improve evi- Sec. 405. Tribal probation office liaison pro- than 56,000,000 acres of Indian lands— dence collection and preservation, gram. less than 1⁄2 of the law enforcement which will help improve the prosecu- Sec. 406. Tribal youth program. presence in comparable communities tion of domestic violence and sexual TITLE V—INDIAN COUNTRY CRIME DATA nationwide. assaults in Federal and tribal courts. COLLECTION AND INFORMATION SHAR- The lack of police presence has re- Improving the system will ensure ING sulted in significant delays in respond- that Federal dollars appropriated to Sec. 501. Tracking of crimes committed in ing to victims’ calls for assistance, fight reservation crime will be used in Indian country. which in turn adversely affects the col- a more efficient manner. To that end, Sec. 502. Grants to improve tribal data collection of evidence needed to prosecute the bill also reauthorizes and amends lection systems. domestic violence and sexual assaults. several Federal programs designed to Sec. 503. Criminal history record improve- In addition, Federal officials have supplement tribal justice systems to ment program. seized business documents from orga- enable them to better combat crime lo- TITLE VI—DOMESTIC VIOLENCE AND nized crime operations citing the lack cally. These programs would provide SEXUAL ASSAULT PROSECUTION AND PREVENTION of police presence and jurisdictional funding for tribal courts, tribal police, confusion as reasons for targeting In- Indian youth programs, and tribal jails Sec. 601. Prisoner release and reentry. dian reservations for the manufacture Sec. 602. Domestic and sexual violent of- construction. fense training. and distribution of drugs. This bill was developed in consulta- Sec. 603. Testimony by Federal employees in An Interior Department report found tion with tribal, Federal and State law cases of rape and sexual as- that 90 percent of existing Bureau of enforcement officials, judges, prosecu- sault. Indian Affairs and tribal detention fa- tors, public defenders, victims, victims’ Sec. 604. Coordination of Federal agencies. cilities must be replaced. The lack of advocates and many others. Sec. 605. Sexual assault protocol. jail bed space has forced tribal courts I want to again thank the co-spon- SEC. 2. FINDINGS; PURPOSES. to release a number of offenders. sors for their support. Many of the co- (a) FINDINGS.—Congress finds that— Tribal communities rely solely on sponsors sit on the Indian Affairs Com- (1) the United States has distinct legal, treaty, and trust obligations to provide for the U.S. to investigate and prosecute mittee with me, and have repeatedly felony-level crimes occurring on the the public safety of tribal communities; heard from Federal and tribal officials (2) several States have been delegated or reservation. However, between 2004 and about this longstanding problem. The have accepted responsibility to provide for 2007, Federal prosecutors declined 62 residents of Indian Country deserve our the public safety of tribal communities with- percent of Indian country criminal timely consideration of this bill. I urge in the borders of the States; cases, including 72 percent of child and my colleagues to join me in supporting (3) Congress and the President have ac- adult sex crimes. the passage of this legislation. knowledged that— To address this crisis, I am intro- Mr. President, I ask unanimous con- (A) tribal law enforcement officers are ducing the Tribal Law and Order Act of sent that the text of the bill be printed often the first responders to crimes on In- 2009 with the support of my colleagues dian reservations; and in the RECORD. (B) tribal justice systems are ultimately Committee Vice Chairman BARRASSO, There being no objection, the text of the most appropriate institutions for main- and Senators BAUCUS, BINGAMAN, the bill was ordered to be printed in taining law and order in tribal communities; BEGICH, CANTWELL, JOHNSON, KYL, the RECORD, as follows: (4) less than 3,000 tribal and Federal law LIEBERMAN, MURKOWSKI, TESTER, S. 797 enforcement officers patrol more than 56,000,000 acres of Indian country, which re- THUNE, UDALL, and WYDEN. Be it enacted by the Senate and House of Rep- flects less than 1⁄2 of the law enforcement This bill will take initial steps to resentatives of the United States of America in presence in comparable rural communities mend this broken system by arming Congress assembled, nationwide; tribal justice officials with the needed SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tools to protect their communities. Im- (5) on many Indian reservations, law en- (a) SHORT TITLE.—This Act may be cited as forcement officers respond to distress or portantly, the bill would enable tribal the ‘‘Tribal Law and Order Act of 2009’’. emergency calls without backup and travel courts to sentence offenders up to 3 (b) TABLE OF CONTENTS.—The table of con- to remote locations without adequate radio years in prison for violations of tribal tents of this Act is as follows: communication or access to national crime law, an increase from the current limit Sec. 1. Short title; table of contents. information database systems; of 1 year. It also arms tribal police Sec. 2. Findings; purposes. (6) the majority of tribal detention facili- with better access to national criminal Sec. 3. Definitions. ties were constructed decades before the date databases, and improves their ability TITLE I—FEDERAL ACCOUNTABILITY of enactment of this Act and must be or will to makes arrests for reservation AND COORDINATION soon need to be replaced, creating a multibil- Sec. 101. Office of Justice Services respon- lion-dollar backlog in facility needs; crimes. (7) a number of Indian country offenders In addition, the bill would provide for sibilities. Sec. 102. Declination reports. face no consequences for minor crimes, and greater accountability on the part of Sec. 103. Prosecution of crimes in Indian many such offenders are released due to se- Federal officials responsible for inves- country. vere overcrowding in existing detention fa- tigating and prosecuting reservation Sec. 104. Administration. cilities; crimes. To increase coordination of TITLE II—STATE ACCOUNTABILITY AND (8) tribal courts— prosecutions, the bill would require COORDINATION (A) are the primary arbiters of criminal U.S. Attorneys to file declination re- and civil justice for actions arising in Indian Sec. 201. State criminal jurisdiction and re- country; but ports and maintain data when refusing sources. (B) have been historically underfunded; to pursue a case. Maintaining con- Sec. 202. Incentives for State, tribal, and (9) tribal courts have no criminal jurisdic- sistent data on declinations will enable local law enforcement cooperation over non-Indian persons, and the sen- Congress to direct funding where the tion. tencing authority of tribal courts is limited additional resources are needed. It TITLE III—EMPOWERING TRIBAL LAW to sentences of not more than 1 year of im- would also require greater consultation ENFORCEMENT AGENCIES AND TRIBAL prisonment for Indian offenders, forcing trib- and coordination between federal law GOVERNMENTS al communities to rely solely on the Federal enforcement officials, tribal leaders, Sec. 301. Tribal police officers. Government and certain State governments for the prosecution of— and community members. Sec. 302. Drug enforcement in Indian country. (A) misdemeanors committed by non-In- To address the epidemic of domestic Sec. 303. Access to national criminal infor- dian persons; and violence, the bill would require Federal mation databases. (B) all felony crimes in Indian country; health and law enforcement officials to Sec. 304. Tribal court sentencing authority. (10) a significant percentage of cases reestablish consistent sexual assault pro- Sec. 305. Indian Law and Order Commission. ferred to Federal agencies for prosecution of

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.033 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4335 crimes allegedly occurring in tribal commu- (5) to address and prevent drug trafficking justice officials in the development of regu- nities are declined to be prosecuted; and reduce rates of alcohol and drug addic- latory policies and other actions that affect (11) the complicated jurisdictional scheme tion in Indian country; and public safety and justice in Indian country; that exists in Indian country— (6) to increase and standardize the collec- ‘‘(13) providing technical assistance and (A) has a significant negative impact on tion of criminal data and the sharing of training to tribal law enforcement officials the ability to provide public safety to Indian criminal history information among Federal, to gain access and input authority to utilize communities; and State, and tribal officials responsible for re- the National Criminal Information Center (B) has been increasingly exploited by sponding to and investigating crimes in trib- and other national crime information data- criminals; al communities. bases pursuant to section 534 of title 28, (12) the violent crime rate in Indian coun- SEC. 3. DEFINITIONS. United States Code; try is— (a) IN GENERAL.—In this Act: ‘‘(14) in coordination with the Attorney (A) nearly twice the national average; and (1) INDIAN COUNTRY.—The term ‘‘Indian General pursuant to subsection (g) of section (B) more than 20 times the national aver- country’’ has the meaning given the term in 302 of the Omnibus Crime Control and Safe age on some Indian reservations; section 1151 of title 18, United States Code. Streets Act of 1968 (42 U.S.C. 3732), col- (13)(A) domestic and sexual violence (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ lecting, analyzing, and reporting data re- against Indian and Alaska Native women has has the meaning given the term in section garding Indian country crimes on an annual reached epidemic proportions; 102 of the Federally Recognized Indian Tribe basis; (B) 34 percent of Indian and Alaska Native List Act of 1994 (25 U.S.C. 479a). ‘‘(15) submitting to the Committee on In- women will be raped in their lifetimes; and (3) SECRETARY.—The term ‘‘Secretary’’ (C) 39 percent of Indian and Alaska Native means the Secretary of the Interior. dian Affairs of the Senate and the Com- mittee on Natural Resources of the House of women will be subject to domestic violence; (4) TRIBAL GOVERNMENT.—The term ‘‘tribal (14) the lack of police presence and re- government’’ means the governing body of Representatives, for each fiscal year, a de- sources in Indian country has resulted in sig- an Indian tribe. tailed spending report regarding tribal pub- nificant delays in responding to victims’ (b) INDIAN LAW ENFORCEMENT REFORM lic safety and justice programs that in- calls for assistance, which adversely affects ACT.—Section 2 of the Indian Law Enforce- cludes— the collection of evidence needed to pros- ment Reform Act (25 U.S.C. 2801) is amended ‘‘(A)(i) the number of full-time employees ecute crimes, particularly crimes of domes- by adding at the end the following: of the Bureau and tribal government who tic and sexual violence; ‘‘(10) TRIBAL JUSTICE OFFICIAL.—The term serve as— (15) alcohol and drug abuse plays a role in ‘tribal justice official’ means— ‘‘(I) criminal investigators; more than 80 percent of crimes committed in ‘‘(A) a tribal prosecutor; ‘‘(II) uniform police; tribal communities; ‘‘(B) a tribal law enforcement officer; or ‘‘(III) police and emergency dispatchers; (16) the rate of methamphetamine addic- ‘‘(C) any other person responsible for inves- ‘‘(IV) detention officers; tion in tribal communities is 3 times the na- tigating or prosecuting an alleged criminal ‘‘(V) executive personnel, including special tional average; offense in tribal court.’’. agents in charge, and directors and deputies (17) the Department of Justice has reported TITLE I—FEDERAL ACCOUNTABILITY AND of various offices in the Office of Justice that drug organizations have increasingly COORDINATION Services; or targeted Indian country to produce and dis- SEC. 101. OFFICE OF JUSTICE SERVICES RESPON- ‘‘(VI) tribal court judges, prosecutors, pub- tribute methamphetamine, citing the lim- SIBILITIES. lic defenders, or related staff; and ited law enforcement presence and jurisdic- (a) DEFINITIONS.—Section 2 of the Indian ‘‘(ii) the amount of appropriations obli- tional confusion as reasons for the increased Law Enforcement Reform Act (25 U.S.C. 2801) gated for each category described in clause activity; is amended— (i) for each fiscal year; (18) tribal communities face significant in- (1) by striking paragraph (8); ‘‘(B) a list of amounts dedicated to law en- creases in instances of domestic violence, (2) by redesignating paragraphs (1) through forcement and corrections, vehicles, related burglary, assault, and child abuse as a direct (7) as paragraphs (2) through (8), respec- transportation costs, equipment, inmate result of increased methamphetamine use on tively; transportation costs, inmate transfer costs, Indian reservations; (3) by redesignating paragraph (9) as para- replacement, improvement, and repair of fa- (19)(A) criminal jurisdiction in Indian graph (1) and moving the paragraphs so as to cilities, personnel transfers, detailees and country is complex, and responsibility for In- appear in numerical order; and costs related to their details, emergency dian country law enforcement is shared (4) in paragraph (1) (as redesignated by events, public safety and justice communica- among Federal, tribal, and State authorities; paragraph (3)), by striking ‘‘Division of Law tions and technology costs, and tribal court and Enforcement Services’’ and inserting ‘‘Office personnel, facilities, and related program (B) that complexity requires a high degree of Justice Services’’. costs; of commitment and cooperation from Fed- (b) ADDITIONAL RESPONSIBILITIES OF OF- ‘‘(C) a list of the unmet staffing needs of eral and State officials that can be difficult FICE.—Section 3 of the Indian Law Enforce- law enforcement, corrections, and court per- to establish; ment Reform Act (25 U.S.C. 2802) is amend- sonnel at tribal and Bureau of Indian Affairs (20) agreements for cooperation among cer- ed— justice agencies, the replacement and repair tified tribal and State law enforcement offi- (1) in subsection (b), by striking ‘‘(b) There needs of tribal and Bureau corrections facili- cers have proven to improve law enforce- is hereby established within the Bureau a Di- ties, needs for tribal police and court facili- ment in tribal communities; vision of Law Enforcement Services which’’ ties, and public safety and emergency com- (21) consistent communication among trib- and inserting the following: munications and technology needs; and al, Federal, and State law enforcement agen- ‘‘(b) OFFICE OF JUSTICE SERVICES.—There is ‘‘(D) the formula, priority list or other cies has proven to increase public safety and established in the Bureau an office, to be methodology used to determine the method justice in tribal and nearby communities; known as the ‘Office of Justice Services’, and that’’; of disbursement of funds for the public safety (22) crime data is a fundamental tool of law (2) in subsection (c)— and justice programs administered by the Of- enforcement, but for decades the Bureau of (A) in the matter preceding paragraph (1), fice of Justice Services; Indian Affairs and the Department of Justice by striking ‘‘Division of Law Enforcement ‘‘(16) submitting to the Committee on In- have not been able to coordinate or consist- Services’’ and inserting ‘‘Office of Justice dian Affairs of the Senate and the Com- ently report crime and prosecution rates in Services’’; mittee on Natural Resources of the House of tribal communities. (B) in paragraph (2), by inserting ‘‘and, Representatives, for each fiscal year, a re- (b) PURPOSES.—The purposes of this Act with the consent of the Indian tribe, tribal port summarizing the technical assistance, are— criminal laws, including testifying in tribal training, and other support provided to trib- (1) to clarify the responsibilities of Fed- court’’ before the semicolon at the end; al law enforcement and corrections agencies eral, State, tribal, and local governments (C) in paragraph (8), by striking ‘‘and’’ at that operate relevant programs pursuant to with respect to crimes committed in tribal the end; self-determination contracts or self-govern- communities; (D) in paragraph (9), by striking the period ance compacts with the Bureau of Indian Af- (2) to increase coordination and commu- at the end and inserting a semicolon; and fairs; and nication among Federal, State, tribal, and (E) by adding at the end the following: ‘‘(17) promulgating regulations to carry local law enforcement agencies; ‘‘(10) the development and provision of dis- out this Act, and routinely reviewing and up- (3) to empower tribal governments with patch and emergency and E–911 services; dating, as necessary, the regulations con- the authority, resources, and information ‘‘(11) communicating with tribal leaders, tained in subchapter B of title 25, Code of necessary to safely and effectively provide tribal community and victims’ advocates, Federal Regulations (or successor regula- for the safety of the public in tribal commu- tribal justice officials, and residents of In- tions).’’; nities; dian land on a regular basis regarding public (3) in subsection (d)— (4) to reduce the prevalence of violent safety and justice concerns facing tribal (A) in paragraph (1), by striking ‘‘Division crime in tribal communities and to combat communities; of Law Enforcement Services’’ and inserting violence against Indian and Alaska Native ‘‘(12) conducting meaningful and timely ‘‘Office of Justice Services’’; women; consultation with tribal leaders and tribal (B) in paragraph (3)—

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE S4336 CONGRESSIONAL RECORD — SENATE April 2, 2009 (i) by striking ‘‘regulations which shall es- or agency declines to initiate an investiga- (2) by adding at the end the following: tablish’’ and inserting ‘‘regulations, which tion of an alleged violation of Federal law in ‘‘(c) SENSE OF CONGRESS REGARDING CON- shall— Indian country, or terminates such an inves- SULTATION.—It is the sense of Congress that, ‘‘(A) establish’’; tigation without referral for prosecution, the in appointing attorneys under this section to (ii) by striking ‘‘reservation.’’ and insert- officer or employee shall— serve as special prosecutors in Indian coun- ing ‘‘reservation; but’’; and ‘‘(A) submit to the appropriate tribal jus- try, the Attorney General should consult (iii) by adding at the end the following: tice officials evidence, including related re- with tribal justice officials of each Indian ‘‘(B) support the enforcement of tribal laws ports, relevant to the case that would ad- tribe that would be affected by the appoint- and investigation of offenses against tribal vance prosecution of the case in a tribal ment.’’. criminal laws.’’; and court; and (b) TRIBAL LIAISONS.—The Indian Law En- (C) in paragraph (4)(i), in the first sen- ‘‘(B) submit to the Office of Indian Country forcement Reform Act (25 U.S.C. 2801 et seq.) tence, by striking ‘‘Division’’ and inserting Crime relevant information regarding all is amended by adding at the end the following: ‘‘Office of Justice Services’’; declinations of alleged violations of Federal (4) in subsection (e), by striking ‘‘Division law in Indian country, including— ‘‘SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS. of Law Enforcement Services’’ each place it ‘‘(i) the type of crime alleged; ‘‘(a) APPOINTMENT.—Each United States appears and inserting ‘‘Office of Justice ‘‘(ii) the status of the accused as an Indian or non-Indian; Attorney the district of which includes In- Services’’; and dian country shall appoint not less than 1 as- ‘‘(iii) the status of the victim as an Indian; (5) by adding at the end the following: sistant United States Attorney to serve as a and ‘‘(f) LONG-TERM PLAN FOR TRIBAL DETEN- tribal liaison for the district. ‘‘(iv) the reason for declining to initiate, TION PROGRAMS.—Not later than 1 year after ‘‘(b) DUTIES.—A tribal liaison shall be re- the date of enactment of this subsection, the open, or terminate the investigation. sponsible for the following activities in the Secretary, acting through the Bureau, in co- ‘‘(2) UNITED STATES ATTORNEYS.—Subject to district of the tribal liaison: ordination with the Department of Justice subsection (d), if a United States Attorney ‘‘(1) Coordinating the prosecution of Fed- and in consultation with tribal leaders, trib- declines to prosecute, or acts to terminate eral crimes that occur in Indian country. al law enforcement officers, and tribal cor- prosecution of, an alleged violation of Fed- ‘‘(2) Developing multidisciplinary teams to rections officials, shall submit to Congress a eral law in Indian country, the United States combat child abuse and domestic and sexual long-term plan to address incarceration in Attorney shall— violence offenses against Indians. Indian country, including a description of— ‘‘(A) submit to the appropriate tribal jus- ‘‘(3) Consulting and coordinating with trib- ‘‘(1) proposed activities for the construc- tice official, sufficiently in advance of the al justice officials and victims’ advocates to tion of detention facilities (including re- tribal statute of limitations, evidence rel- address any backlog in the prosecution of gional facilities) on Indian land; evant to the case to permit the tribal pros- major crimes in Indian country in the dis- ‘‘(2) proposed activities for the construc- ecutor to pursue the case in tribal court; and trict. tion of additional Federal detention facili- ‘‘(B) submit to the Office of Indian Country ‘‘(4) Developing working relationships and ties on Indian land; Crime and the appropriate tribal justice offi- maintaining communication with tribal ‘‘(3) proposed activities for contracting cial relevant information regarding all dec- leaders, tribal community and victims’ advo- with State and local detention centers, upon linations of alleged violations of Federal law cates, and tribal justice officials to gather approval of affected tribal governments; in Indian country, including— information from, and share appropriate in- ‘‘(4) proposed activities for alternatives to ‘‘(i) the type of crime alleged; formation with, tribal justice officials. incarceration, developed in cooperation with ‘‘(ii) the status of the accused as an Indian ‘‘(5) Coordinating with tribal prosecutors tribal court systems; and or non-Indian; in cases in which a tribal government has ‘‘(5) other such alternatives to incarcer- ‘‘(iii) the status of the victim as an Indian; concurrent jurisdiction over an alleged ation as the Secretary, in coordination with and crime, in advance of the expiration of any the Bureau and in consultation with tribal ‘‘(iv) the reason for the determination to applicable statute of limitation. representatives, determines to be necessary. decline or terminate the prosecution. ‘‘(6) Providing technical assistance and ‘‘(g) LAW ENFORCEMENT PERSONNEL OF BU- ‘‘(b) MAINTENANCE OF RECORDS.— training regarding evidence gathering tech- REAU AND INDIAN TRIBES.— ‘‘(1) IN GENERAL.—The Director of the Of- niques to tribal justice officials and other in- ‘‘(1) REPORT.—Not later than 60 days after fice of Indian Country Crime shall establish dividuals and entities that are instrumental the date of enactment of this subsection, the and maintain a compilation of information to responding to Indian country crimes. Secretary shall submit to the Committee on received under paragraph (1) or (2) of sub- ‘‘(7) Conducting training sessions and semi- Indian Affairs of the Senate and the Com- section (a) relating to declinations. nars to certify special law enforcement committee on Natural Resources of the House of ‘‘(2) AVAILABILITY TO CONGRESS.—Each missions to tribal justice officials and other Representatives a report regarding vacancies compilation under paragraph (1) shall be individuals and entities responsible for rein law enforcement personnel of Bureau and made available to Congress on an annual sponding to Indian country crimes. Indian tribes. basis. ‘‘(8) Coordinating with the Office of Indian ‘‘(2) LONG-TERM PLAN.—Not later than 1 ‘‘(c) INCLUSION OF CASE FILES.—A report Country Crime, as necessary. year after the date of enactment of this sub- submitted to the appropriate tribal justice ‘‘(9) Conducting such other activities to ad- section, the Secretary shall submit to the officials under paragraph (1) or (2) of sub- dress and prevent violent crime in Indian Committee on Indian Affairs of the Senate section (a) may include the case file, includ- country as the applicable United States At- ing evidence collected and statements taken and the Committee on Natural Resources of torney determines to be appropriate. that could support an investigation or pros- the House of Representatives a long-term ‘‘(c) SENSE OF CONGRESS REGARDING EVAL- ecution by the appropriate tribal justice offi- plan to address law enforcement personnel UATIONS OF TRIBAL LIAISONS.— cials. needs in Indian country.’’. ‘‘(1) FINDINGS.—Congress finds that— ‘‘(d) EFFECT OF SECTION.— ‘‘(A) many tribal communities rely solely (c) LAW ENFORCEMENT AUTHORITY.—Section ‘‘(1) IN GENERAL.—Nothing in this section 4 of the Indian Law Enforcement Reform Act on United States Attorneys offices to pros- requires any Federal agency or official to ecute felony and misdemeanor crimes occur- (25 U.S.C. 2803) is amended— transfer or disclose any confidential or privi- (1) in paragraph (2)(A), by striking ‘‘), or’’ ring on Indian land; and leged communication, information, or source ‘‘(B) tribal liaisons have dual obligations and inserting ‘‘or offenses committed on to an official of any Indian tribe. of— Federal property processed by the Central ‘‘(2) FEDERAL RULES OF CRIMINAL PROCE- ‘‘(i) coordinating prosecutions of Indian Violations Bureau); or’’; and DURE.—Rule 6 of the Federal Rules of Crimi- country crime; and (2) in paragraph (3), by striking subpara- nal Procedure shall apply to this section. ‘‘(ii) developing relationships with tribal graphs (A) through (C) and inserting the fol- ‘‘(3) REGULATIONS.—Each Federal agency communities and serving as a link between lowing: required to submit a report pursuant to this tribal communities and the Federal justice ‘‘(A) the offense is committed in the pres- section shall adopt, by regulation, standards process. ence of the employee; or for the protection of confidential or privi- ‘‘(2) SENSE OF CONGRESS.—It is the sense of ‘‘(B) the offense is a Federal crime and the leged communications, information, and Congress that the Attorney General should— employee has reasonable grounds to believe sources under paragraph (1).’’. ‘‘(A) take all appropriate actions to en- that the person to be arrested has com- SEC. 103. PROSECUTION OF CRIMES IN INDIAN courage the aggressive prosecution of all mitted, or is committing, the crime;’’. COUNTRY. crimes committed in Indian country; and SEC. 102. DECLINATION REPORTS. (a) APPOINTMENT OF SPECIAL PROSECU- ‘‘(B) when appropriate, take into consider- Section 10 of the Indian Law Enforcement TORS.—Section 543 of title 28, United States ation the dual responsibilities of tribal liai- Reform Act (25 U.S.C. 2809) is amended by Code, is amended— sons described in paragraph (1)(B) in evalu- striking subsections (a) through (d) and in- (1) in subsection (a), by inserting before ating the performance of the tribal liaisons. serting the following: the period at the end the following: ‘‘, in- ‘‘(d) ENHANCED PROSECUTION OF MINOR ‘‘(a) REPORTS.— cluding the appointment of qualified tribal CRIMES.— ‘‘(1) LAW ENFORCEMENT OFFICIALS.—Subject prosecutors and other qualified attorneys to ‘‘(1) IN GENERAL.—Each United States At- to subsection (d), if a law enforcement offi- assist in prosecuting Federal offenses com- torney serving a district that includes Indian cer or employee of any Federal department mitted in Indian country’’; and country is authorized and encouraged—

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4337 ‘‘(A) to appoint Special Assistant United nent has an accountable process to ensure ing subsection (c) and inserting the fol- States Attorneys pursuant to section 543(a) meaningful and timely consultation with lowing: of title 28, United States Code, to prosecute tribal leaders in the development of regu- ‘‘(c) APPLICABLE LAW.—At the request of crimes in Indian country as necessary to im- latory policies and other actions that af- an Indian tribe, and after consultation with prove the administration of justice, and par- fect— the Attorney General— ticularly when— ‘‘(A) the trust responsibility of the United ‘‘(1) sections 1152 and 1153 of this title shall ‘‘(i) the crime rate exceeds the national av- States to Indian tribes; remain in effect in the areas of the Indian erage crime rate; or ‘‘(B) any tribal treaty provision; country of the Indian tribe; and ‘‘(ii) the rate at which criminal offenses ‘‘(C) the status of Indian tribes as a sov- ‘‘(2) jurisdiction over those areas shall be are declined to be prosecuted exceeds the na- ereign governments; or concurrent among the Federal Government tional average declination rate; ‘‘(D) any other tribal interest.’’. and State and tribal governments.’’. (b) OFFICE OF INDIAN COUNTRY CRIME.—The ‘‘(B) to coordinate with applicable United SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND States magistrate and district courts— Indian Law Enforcement Reform Act (25 LOCAL LAW ENFORCEMENT CO- ‘‘(i) to ensure the provision of docket time U.S.C. 2801 et seq.) (as amended by section OPERATION. 103(b)) is amended by adding at the end the for prosecutions of Indian country crimes; (a) ESTABLISHMENT OF COOPERATIVE ASSIST- following: and ANCE PROGRAM.—The Attorney General may ‘‘(ii) to hold trials and other proceedings in ‘‘SEC. 12. OFFICE OF INDIAN COUNTRY CRIME. provide grants, technical assistance, and Indian country, as appropriate; ‘‘(a) ESTABLISHMENT.—There is established other assistance to State, tribal, and local in the criminal division of the Department of ‘‘(C) to provide to appointed Special Assist- governments that enter into cooperative Justice an office, to be known as the ‘Office ant United States Attorneys appropriate agreements, including agreements relating of Indian Country Crime’. training, supervision, and staff support; and to mutual aid, hot pursuit of suspects, and ‘‘(b) DUTIES.—The Office of Indian Country ‘‘(D) if an agreement is entered into with a Crime shall— cross-deputization for the purposes of— Federal court pursuant to paragraph (2), to ‘‘(1) develop, enforce, and administer the (1) improving law enforcement effective- provide technical and other assistance to application of Federal criminal laws applica- ness; and tribal governments and tribal court systems ble in Indian country; (2) reducing crime in Indian country and to ensure the success of the program under ‘‘(2) coordinate with the United States At- nearby communities. this subsection. torneys that have authority to prosecute (b) PROGRAM PLANS.— ‘‘(2) SENSE OF CONGRESS REGARDING CON- crimes in Indian country; (1) IN GENERAL.—To be eligible to receive SULTATION.—It is the sense of Congress that, ‘‘(3) coordinate prosecutions of crimes of assistance under this section, a group com- in appointing Special Assistant United national significance in Indian country, as posed of not less than 1 of each of a tribal States Attorneys under this subsection, a determined by the Attorney General; government and a State or local government United States Attorney should consult with ‘‘(4) develop and implement criminal en- shall jointly develop and submit to the At- tribal justice officials of each Indian tribe forcement policies for United States Attor- torney General a plan for a program to that would be affected by the appointment.’’. neys and investigators of Federal crimes re- achieve the purpose described in subsection SEC. 104. ADMINISTRATION. garding cases arising in Indian country; and (a). (a) OFFICE OF TRIBAL JUSTICE.— ‘‘(5) submit to the Committee on Indian Af- (2) PLAN REQUIREMENTS.—A joint program (1) DEFINITIONS.—Section 4 of the Indian fairs of the Senate and the Committee on plan under paragraph (1) shall include a de- Tribal Justice Technical and Legal Assist- Natural Resources of the House of Rep- scription of— ance Act of 2000 (25 U.S.C. 3653) is amended— resentatives annual reports describing the (A) the proposed cooperative tribal and (A) by redesignating paragraphs (2) prosecution and declination rates of cases in- State or local law enforcement program for through (7) as paragraphs (3) through (8), re- volving alleged crimes in Indian country re- which funding is sought, including informa- spectively; and ferred to United States Attorneys. tion on the population and each geographic (B) by inserting after paragraph (1) the fol- ‘‘(c) DEPUTY ASSISTANT ATTORNEY GEN- area to be served by the program; lowing: ERAL.— (B) the need of the proposed program for ‘‘(2) DIRECTOR.—The term ‘Director’ means ‘‘(1) APPOINTMENT.—The Attorney General funding under this section, the amount of the Director of the Office of Tribal Justice.’’. shall appoint a Deputy Assistant Attorney funding requested, and the proposed use of (2) STATUS.—Title I of the Indian Tribal General for Indian Country Crime. funds, subject to the requirements listed in Justice Technical and Legal Assistance Act ‘‘(2) DUTIES.—The Deputy Assistant Attor- subsection (c); of 2000 is amended— ney General for Indian Country Crime (C) the unit of government that will ad- (A) by redesignating section 106 (25 U.S.C. shall— minister any assistance received under this 3666) as section 107; and ‘‘(A) serve as the head of the Office of In- section, and the method by which the assist- (B) by inserting after section 105 (25 U.S.C. dian Country Crime; ance will be distributed; 3665) the following: ‘‘(B) serve as a point of contact to United (D) the types of law enforcement services ‘‘SEC. 106. OFFICE OF TRIBAL JUSTICE. State Attorneys serving districts including to be performed on each applicable Indian ‘‘(a) IN GENERAL.—Not later than 90 days Indian country, tribal liaisons, tribal govern- reservation and the individuals and entities after the date of enactment of the Tribal ments, and other Federal, State, and local that will perform those services; Law and Order Act of 2009, the Attorney Gen- law enforcement agencies regarding issues (E) the individual or group of individuals eral shall modify the status of the Office of affecting the prosecution of crime in Indian who will exercise daily supervision and con- Tribal Justice as the Attorney General de- country; and trol over law enforcement officers partici- termines to be necessary to establish the Of- ‘‘(C) carry out such other duties as the At- pating in the program; fice of Tribal Justice as a permanent divi- torney General may prescribe.’’. (F) the method by which local and tribal sion of the Department. TITLE II—STATE ACCOUNTABILITY AND government input with respect to the plan- ‘‘(b) PERSONNEL AND FUNDING.—The Attor- COORDINATION ning and implementation of the program will be ensured; ney General shall provide to the Office of SEC. 201. STATE CRIMINAL JURISDICTION AND Tribal Justice such personnel and funds as RESOURCES. (G) the policies of the program regarding are necessary to establish the Office of Trib- (a) CONCURRENT AUTHORITY OF UNITED mutual aid, hot pursuit of suspects, depu- al Justice as a division of the Department STATES.—Section 401(a) of Public Law 90–284 tization, training, and insurance of applica- under subsection (a). (25 U.S.C. 1321(a)) is amended— ble law enforcement officers; ‘‘(c) ADDITIONAL DUTIES.—In addition to (1) by striking the section designation and (H) the recordkeeping procedures and types the duties of the Office of Tribal Justice in heading and all that follows through ‘‘The of data to be collected pursuant to the pro- effect on the day before the date of enact- consent of the United States’’ and inserting gram; and ment of the Tribal Law and Order Act of the following: (I) other information that the Attorney 2009, the Office of Tribal Justice shall— ‘‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL General determines to be relevant. ‘‘(1) serve as the program and legal policy JURISDICTION. (c) PERMISSIBLE USES OF FUNDS.—An eligi- advisor to the Attorney General with respect ‘‘(a) CONSENT OF UNITED STATES.— ble entity that receives a grant under this to the treaty and trust relationship between ‘‘(1) IN GENERAL.—The consent of the section may use the grant, in accordance the United States and Indian tribes; United States’’; and with the program plan described in sub- ‘‘(2) serve as the point of contact for feder- (2) by adding at the end the following: section (b)— ally recognized tribal governments and trib- ‘‘(2) CONCURRENT JURISDICTION.—At the re- (1) to hire and train new career tribal, al organizations with respect to questions quest of an Indian tribe, and after consulta- State, or local law enforcement officers, or and comments regarding policies and pro- tion with the Attorney General, the United to make overtime payments for current law grams of the Department and issues relating States shall maintain concurrent jurisdic- enforcement officers, that are or will be to public safety and justice in Indian coun- tion to prosecute violations of sections 1152 dedicated to— try; and and 1153 of title 18, United States Code, with- (A) policing tribal land and nearby lands; ‘‘(3) coordinate with other bureaus, agen- in the Indian country of the Indian tribe.’’. and cies, offices, and divisions within the Depart- (b) APPLICABLE LAW.—Section 1162 of title (B) investigating alleged crimes on those ment of Justice to ensure that each compo- 18, United States Code, is amended by strik- lands;

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(2) procure equipment, technology, or sup- tain training at a State or tribal police acad- ‘‘(b) DUTIES.—The Foundation shall— port systems to be used to investigate crimes emy, a local or tribal community college, or ‘‘(1) encourage, accept, and administer, in and share information between tribal, State, another training academy that meets the accordance with the terms of each donation, and local law enforcement agencies; or relevant Peace Officer Standards and Train- private gifts of real and personal property, (3) for any other uses that the Attorney ing.’’; and any income from or interest in such General determines will meet the purposes (2) in paragraph (3), by striking ‘‘Agencies’’ gifts, for the benefit of, or in support of, pub- described in subsection (a). and inserting ‘‘agencies’’; and lic safety and justice services in American (d) FACTORS FOR CONSIDERATION.—In deter- (3) by adding at the end the following: Indian and Alaska Native communities; and mining whether to approve a joint program ‘‘(4) BACKGROUND CHECKS FOR OFFICERS.— ‘‘(2) assist the Office of Justice Services of plan submitted under subsection (b) and, on The Office of Justice Services shall develop the Bureau of Indian Affairs and Indian trib- approval, the amount of assistance to pro- standards and deadlines for the provision of al governments in funding and conducting vide to the program, the Attorney General background checks for tribal law enforce- activities and providing education to ad- shall take into consideration the following ment and corrections officials that ensure vance and support the provision of public factors: that a response to a request by an Indian safety and justice services in American In- (1) The size and population of each Indian tribe for such a background check shall be dian and Alaska Native communities.’’. reservation and nearby community proposed provided by not later than 60 days after the (d) ACCEPTANCE AND ASSISTANCE.—Section to be served by the program. date of receipt of the request, unless an ade- 5 of the Indian Law Enforcement Reform Act (2) The complexity of the law enforcement quate reason for failure to respond by that (25 U.S.C. 2804) is amended by adding at the problems proposed to be addressed by the date is provided to the Indian tribe.’’. end the following: program. (b) SPECIAL LAW ENFORCEMENT COMMIS- ‘‘(g) ACCEPTANCE OF ASSISTANCE.—The Bu- (3) The range of services proposed to be SIONS.—Section 5(a) of the Indian Law En- reau may accept reimbursement, resources, provided by the program. forcement Reform Act (25 U.S.C. 2804(a)) is assistance, or funding from— (4) The proposed improvements the pro- amended— ‘‘(1) a Federal, tribal, State, or other gov- gram will make regarding law enforcement (1) by striking ‘‘(a) The Secretary may ernment agency; or cooperation beyond existing levels of co- enter into an agreement’’ and inserting the ‘‘(2) the Indian Law Enforcement Founda- operation. following: tion established under section 701(a) of the (5) The crime rates of the tribal and nearby ‘‘(a) AGREEMENTS.— Indian Self-Determination and Education communities. ‘‘(1) IN GENERAL.—Not later than 180 days Assistance Act.’’. (6) The available resources of each entity after the date of enactment of the Tribal SEC. 302. DRUG ENFORCEMENT IN INDIAN COUN- applying for a grant under this section for Law and Order Act of 2009, the Secretary TRY. dedication to public safety in the respective shall establish procedures to enter into (a) EDUCATION AND RESEARCH PROGRAMS.— jurisdictions of the entities. memoranda of agreement’’; Section 502 of the Controlled Substances Act (e) ANNUAL REPORTS.—To be eligible to (2) in the second sentence, by striking (21 U.S.C. 872) is amended in subsections renew or extend a grant under this section, a ‘‘The Secretary’’ and inserting the following: (a)(1) and (c), by inserting ‘‘ tribal,’’ after group described in subsection (b)(1) shall ‘‘(2) CERTAIN ACTIVITIES.—The Secretary’’; ‘‘State,’’ each place it appears. submit to the Attorney General, together and (b) PUBLIC-PRIVATE EDUCATION PROGRAM.— with the joint program plan under sub- (3) by adding at the end the following: Section 503 of the Comprehensive Meth- section (b), a report describing the law en- ‘‘(3) PROGRAM ENHANCEMENT.— amphetamine Control Act of 1996 (21 U.S.C. forcement activities carried out pursuant to ‘‘(A) TRAINING SESSIONS IN INDIAN COUN- 872a) is amended— the program during the preceding fiscal year, TRY.— (1) in subsection (a), by inserting ‘‘tribal,’’ including the success of the activities, in- ‘‘(i) IN GENERAL.—The procedures described after ‘‘State,’’; and cluding any increase in arrests or prosecu- in paragraph (1) shall include the develop- (2) in subsection (b)(2), by inserting ‘‘, trib- tions. ment of a plan to enhance the certification al,’’ after ‘‘State’’. (f) REPORTS BY ATTORNEY GENERAL.—Not and provision of special law enforcement (c) COOPERATIVE ARRANGEMENTS.—Section later than January 15 of each applicable fis- commissions to tribal law enforcement offi- 503 of the Controlled Substances Act (21 cal year, the Attorney General shall submit cials, and, subject to subsection (d), State U.S.C. 873) is amended— to the Committee on Indian Affairs of the and local law enforcement officials, pursuant (1) in subsection (a)— Senate and the Committee on Natural Re- to this section. (A) by inserting ‘‘tribal,’’ after ‘‘State,’’ sources of the House of Representatives a re- ‘‘(ii) INCLUSIONS.—The plan under clause (i) each place it appears; and port describing the law enforcement pro- shall include the hosting of regional training (B) in paragraphs (6) and (7), by inserting grams carried out using assistance provided sessions in Indian country, not less fre- ‘‘, tribal,’’ after ‘‘State’’ each place it ap- under this section during the preceding fiscal quently than biannually, to educate and cer- pears; and year, including the success of the programs. tify candidates for the special law enforce- (2) in subsection (d)(1), by inserting ‘‘, trib- (g) TECHNICAL ASSISTANCE.—On receipt of a ment commissions. al,’’ after ‘‘State’’. request from a group composed of not less ‘‘(B) MEMORANDA OF AGREEMENT.— (d) POWERS OF ENFORCEMENT PERSONNEL.— than 1 tribal government and 1 State or local ‘‘(i) IN GENERAL.—Not later than 180 days Section 508(a) of the Controlled Substances government, the Attorney General shall pro- after the date of enactment of the Tribal Act (21 U.S.C. 878(a)) is amended in the mat- vide technical assistance to the group to de- Law and Order Act of 2009, the Secretary, in ter preceding paragraph (1) by inserting ‘‘, velop successful cooperative relationships consultation with Indian tribes and tribal tribal,’’ after ‘‘State’’. that effectively combat crime in Indian law enforcement agencies, shall develop min- SEC. 303. ACCESS TO NATIONAL CRIMINAL IN- country and nearby communities. imum requirements to be included in special FORMATION DATABASES. (h) AUTHORIZATION OF APPROPRIATIONS.— law enforcement commission agreements (a) ACCESS TO NATIONAL CRIMINAL INFORMA- There are authorized to be appropriated such pursuant to this section. TION DATABASES.—Section 534 of title 28, sums as are necessary to carry out this sec- ‘‘(ii) AGREEMENT.—Not later than 60 days United States Code, is amended— tion for each of fiscal years 2010 through 2014. after the date on which the Secretary deter- (1) in subsection (a)(4), by inserting ‘‘In- TITLE III—EMPOWERING TRIBAL LAW EN- mines that all applicable requirements under dian tribes,’’ after ‘‘the States,’’; FORCEMENT AGENCIES AND TRIBAL clause (i) are met, the Secretary shall offer (2) by striking subsection (d) and inserting GOVERNMENTS to enter into a special law enforcement com- the following: SEC. 301. TRIBAL POLICE OFFICERS. mission agreement with the applicable In- ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.— dian tribe.’’. (a) FLEXIBILITY IN TRAINING LAW ENFORCE- The Attorney General shall permit tribal (c) INDIAN LAW ENFORCEMENT FOUNDA- MENT OFFICERS SERVING INDIAN COUNTRY.— and Bureau of Indian Affairs law enforce- Section 3(e) of the Indian Law Enforcement TION.—The Indian Self-Determination and ment agencies— Reform Act (25 U.S.C. 2802(e)) (as amended by Education Assistance Act (25 U.S.C. 450 et ‘‘(1) to directly access and enter informa- section 101(b)(4)) is amended— seq.) is amended by adding at the end the fol- tion into Federal criminal information data- (1) in paragraph (1)— lowing: bases; and (A) by striking ‘‘(e)(1) The Secretary’’ and ‘‘TITLE VII—INDIAN LAW ENFORCEMENT ‘‘(2) to directly obtain information from inserting the following: FOUNDATION the databases.’’; ‘‘(e) STANDARDS OF EDUCATION AND EXPERI- ‘‘SEC. 701. INDIAN LAW ENFORCEMENT FOUNDA- (3) by redesignating the second subsection ENCE AND CLASSIFICATION OF POSITIONS.— TION. (e) as subsection (f); and ‘‘(1) STANDARDS OF EDUCATION AND EXPERI- ‘‘(a) ESTABLISHMENT.—As soon as prac- (4) in paragraph (2) of subsection (f) (as re- ENCE.— ticable after the date of enactment of this designated by paragraph (3)), in the matter ‘‘(A) IN GENERAL.—The Secretary’’; and title, the Secretary shall establish, under the preceding subparagraph (A), by inserting ‘‘, (B) by adding at the end the following: laws of the District of Columbia and in ac- tribal,’’ after ‘‘Federal’’. ‘‘(B) TRAINING.—The training standards es- cordance with this title, a foundation, to be (b) REQUIREMENT.— tablished under subparagraph (A) shall per- known as the ‘Indian Law Enforcement (1) IN GENERAL.—The Attorney General mit law enforcement personnel of the Office Foundation’ (referred to in this section as shall ensure that tribal law enforcement offi- of Justice Services or an Indian tribe to ob- the ‘Foundation’). cials that meet applicable Federal or State

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4339 requirements have access to national crime tribe and the Bureau of Prisons under para- various points of view with respect to the information databases. graph (2)(A)(ii)— matters to be studied by the Commission. (2) SANCTIONS.—For purpose of sanctions ‘‘(A) shall acknowledge that the United (4) TERM.—Each member shall be appointed for noncompliance with requirements of, or States will incur all costs involved, includ- for the life of the Commission. misuse of, national crime information data- ing the costs of transfer, housing, medical (5) TIME FOR INITIAL APPOINTMENTS.—The bases and information obtained from those care, rehabilitation, and reentry of trans- appointment of the members of the Commis- databases, a tribal law enforcement agency ferred prisoners; sion shall be made not later than 60 days or official shall be treated as Federal law en- ‘‘(B) shall limit the transfer of prisoners to after the date of enactment of this Act. forcement agency or official. prisoners convicted in tribal court of violent (6) VACANCIES.—A vacancy in the Commis- (3) NCIC.—Each tribal justice official serv- crimes, crimes involving sexual abuse, and sion shall be filled— ing an Indian tribe with criminal jurisdic- serious drug offenses, as determined by the (A) in the same manner in which the origi- tion over Indian country shall be considered Bureau of Prisons, in consultation with trib- nal appointment was made; and to be an authorized law enforcement official al governments, by regulation; (B) not later than 60 days after the date on for purposes of access to the National Crime ‘‘(C) shall not affect the jurisdiction, power which the vacancy occurred. Information Center of the Federal Bureau of of self-government, or any other authority of (c) OPERATION.— Investigation. an Indian tribe over the territory or mem- (1) CHAIRPERSON.—Not later than 15 days SEC. 304. TRIBAL COURT SENTENCING AUTHOR- bers of the Indian tribe; after the date on which all members of the ITY. ‘‘(D) shall contain such other requirements Commission have been appointed, the Com- (a) CONSTITUTIONAL RIGHTS.—Section 202 of as the Bureau of Prisons, in consultation mission shall select 1 member to serve as Public Law 90–284 (25 U.S.C. 1302) is amend- with the Bureau of Indian Affairs and tribal Chairperson of the Commission. governments, may determine, by regulation; ed— (2) MEETINGS.— and (1) in the matter preceding paragraph (1), (A) IN GENERAL.—The Commission shall by striking ‘‘No Indian tribe’’ and inserting ‘‘(E) shall be executed and carried out not meet at the call of the Chairperson. later than 180 days after the date on which the following: (B) INITIAL MEETING.—The initial meeting ‘‘(a) IN GENERAL.—No Indian tribe’’; the applicable Indian tribe first contacts the shall take place not later than 30 days after (2) in paragraph (7) of subsection (a) (as Bureau of Prisons to accept a transfer of a the date described in paragraph (1). tribal court offender pursuant to this sub- designated by paragraph (1)), by striking (3) QUORUM.—A majority of the members of ‘‘and a fine’’ and inserting ‘‘or a fine’’; and section. the Commission shall constitute a quorum, (3) by adding at the end the following: ‘‘(c) EFFECT OF SECTION.—Nothing in this but a lesser number of members may hold ‘‘(b) TRIBAL COURTS AND PRISONERS.— section affects the obligation of the United hearings. States, or any State government that has ‘‘(1) IN GENERAL.—Notwithstanding para- (4) RULES.—The Commission may estab- graph (7) of subsection (a) and in addition to been delegated authority by the United lish, by majority vote, any rules for the con- the limitations described in the other para- States, to investigate and prosecute any duct of Commission business, in accordance graphs of that subsection, no Indian tribe, in criminal violation in Indian country.’’. with this Act and other applicable law. exercising any power of self-government in- (b) GRANTS AND CONTRACTS.—Section (d) COMPREHENSIVE STUDY OF CRIMINAL volving a criminal trial that subjects a de- 1007(b) of the Economic Opportunity Act of JUSTICE SYSTEM RELATING TO INDIAN COUN- fendant to more than 1 year imprisonment 1964 (42 U.S.C. 2996f(b)) is amended by strik- for any single offense, may— ing paragraph (2) and inserting the following: TRY.—The Commission shall conduct a com- ‘‘(A) deny any person in such a criminal ‘‘(2) to provide legal assistance with re- prehensive study of law enforcement and proceeding the assistance of a defense attor- spect to any criminal proceeding, except to criminal justice in tribal communities, in- ney licensed to practice law in any jurisdic- provide assistance to a person charged with cluding — tion in the United States; an offense in an Indian tribal court;’’. (1) jurisdiction over crimes committed in ‘‘(B) require excessive bail, impose an ex- SEC. 305. INDIAN LAW AND ORDER COMMISSION. Indian country and the impact of that jurisdiction on— cessive fine, inflict a cruel or unusual pun- (a) ESTABLISHMENT.—There is established a ishment, or impose for conviction of a single commission to be known as the Indian Law (A) the investigation and prosecution of In- offense any penalty or punishment greater and Order Commission (referred to in this dian country crimes; and than imprisonment for a term of 3 years or section as the ‘‘Commission’’). (B) residents of Indian land; (2) the tribal jail and Federal prisons sys- a fine of $15,000, or both; or (b) MEMBERSHIP.— tems and the effect of those systems with re- ‘‘(C) deny any person in such a criminal (1) IN GENERAL.—The Commission shall be proceeding the due process of law. composed of 9 members, of whom— spect to— (A) reducing Indian country crime; and ‘‘(2) AUTHORITY.—An Indian tribe exer- (A) 3 shall be appointed by the President, cising authority pursuant to this subsection in consultation with— (B) rehabilitation of offenders; shall— (i) the Attorney General; and (3)(A) tribal juvenile justice systems and ‘‘(A) require that each judge presiding over (ii) the Secretary of the Interior; the Federal juvenile justice system as relat- an applicable criminal case is licensed to (B) 2 shall be appointed by the Majority ing to Indian country; and practice law in any jurisdiction in the Leader of the Senate, in consultation with (B) the effect of those systems and related United States; and the Chairperson of the Committee on Indian programs in preventing juvenile crime, reha- ‘‘(B) make publicly available the criminal Affairs of the Senate; bilitating Indian youth in custody, and re- laws (including regulations and interpretive (C) 1 shall be appointed by the Minority ducing recidivism among Indian youth; documents) of the Indian tribe. Leader of the Senate, in consultation with (4) the impact of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) on— ‘‘(3) SENTENCES.—A tribal court acting pur- the Vice Chairperson of the Committee on suant to paragraph (1) may require a con- Indian Affairs of the Senate; (A) the authority of Indian tribes; and victed offender— (D) 2 shall be appointed by the Speaker of (B) the rights of defendants subject to trib- ‘‘(A) to serve the sentence— the House of Representatives, in consulta- al government authority; and ‘‘(i) in a tribal correctional center that has tion with the Chairperson of the Committee (5) studies of such other subjects as the been approved by the Bureau of Indian Af- on Natural Resources of the House of Rep- Commission determines relevant to achieve fairs for long-term incarceration, in accord- resentatives; and the purposes of the Tribal Law and Order Act ance with guidelines developed by the Bu- (E) 1 shall be appointed by the Minority of 2009. reau of Indian Affairs, in consultation with Leader of the House of Representatives, in (e) RECOMMENDATIONS.—Taking into con- Indian tribes; consultation with the Ranking Member of sideration the results of the study under ‘‘(ii) in the nearest appropriate Federal fa- the Committee on Natural Resources of the paragraph (1), the Commission shall develop cility, at the expense of the United States House of Representatives. recommendations on necessary modifica- pursuant to a memorandum of agreement (2) REQUIREMENTS FOR ELIGIBILITY.—Each tions and improvements to justice systems with Bureau of Prisons in accordance with member of the Commission shall have sig- at the tribal, Federal, and State levels, in- paragraph (4); nificant experience and expertise in— cluding consideration of— ‘‘(iii) in a State or local government-ap- (A) the Indian country criminal justice (1) simplifying jurisdiction in Indian coun- proved detention or correctional center pur- system; and try; suant to an agreement between the Indian (B) matters to be studied by the Commis- (2) improving services and programs— tribe and the State or local government; or sion. (A) to prevent juvenile crime on Indian ‘‘(iv) subject to paragraph (1), in an alter- (3) CONSULTATION REQUIRED.—The Presi- land; native rehabilitation center of an Indian dent, the Speaker and Minority Leader of (B) to rehabilitate Indian youth in cus- tribe; or the House of Representatives, and the Major- tody; and ‘‘(B) to serve another alternative form of ity Leader and Minority Leader of the Sen- (C) to reduce recidivism among Indian punishment, as determined by the tribal ate shall consult before the appointment of youth; court judge pursuant to tribal law. members of the Commission under paragraph (3) enhancing the penal authority of tribal ‘‘(4) MEMORANDA OF AGREEMENT.—A memo- (1) to achieve, to the maximum extent prac- courts and exploring alternatives to incar- randum of agreement between an Indian ticable, fair and equitable representation of ceration;

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE S4340 CONGRESSIONAL RECORD — SENATE April 2, 2009 (4) the establishment of satellite United sion in carrying out the duties of the Com- ‘‘the date of enactment of the Tribal Law States magistrate or district courts in In- mission under this section. and Order Act of 2009’’. dian country; (B) NATIONAL INSTITUTE OF JUSTICE.—The (2) TRIBAL ACTION PLANS.—Section 4206 of (5) changes to the tribal jails and Federal National Institute of Justice may enter into the Indian Alcohol and Substance Abuse Pre- prison systems; and a contract with the researchers and experts vention and Treatment Act of 1986 (25 U.S.C. (6) other issues that, as determined by the selected by the Commission under subpara- 2412) is amended— Commission, would reduce violent crime in graph (A) to provide funding in exchange for (A) in subsection (b), in the first sentence, Indian country. the services of the researchers and experts. by inserting ‘‘, the Bureau of Justice Assist- (f) REPORT.—Not later than 2 years after (2) OTHER ORGANIZATIONS.—Nothing in this ance, the Substance Abuse and Mental the date of enactment of this Act, the Com- subsection limits the ability of the Commis- Health Services Administration,’’ before mission shall submit to the President and sion to enter into contracts with any other ‘‘and the Indian Health Service service Congress a report that contains— entity or organization to carry out research unit’’; (1) a detailed statement of the findings and necessary to carry out the duties of the Com- (B) in subsection (c)(1)(A)(i), by inserting conclusions of the Commission; and mission under this section. ‘‘, the Bureau of Justice Assistance, the Sub- (2) the recommendations of the Commis- (j) TRIBAL ADVISORY COMMITTEE.— stance Abuse and Mental Health Services sion for such legislative and administrative (1) ESTABLISHMENT.—The Commission shall Administration,’’ before ‘‘and the Indian actions as the Commission considers to be establish a committee, to be known as the Health Service service unit’’; appropriate. ‘‘Tribal Advisory Committee’’. (C) in subsection (d)(2), by striking ‘‘fiscal (g) POWERS.— (2) MEMBERSHIP.— year 1993 and such sums as are necessary for (1) HEARINGS.— (A) COMPOSITION.—The Tribal Advisory (A) IN GENERAL.—The Commission may Committee shall consist of 2 representatives each of the fiscal years 1994, 1995, 1996, 1997, hold such hearings, meet and act at such of Indian tribes from each region of the Bu- 1998, 1999, and 2000’’ and inserting ‘‘the period times and places, take such testimony, and reau of Indian Affairs. of fiscal years 2010 through 2014’’; (D) in subsection (e), in the first sentence, receive such evidence as the Commission (B) QUALIFICATIONS.—Each member of the considers to be advisable to carry out the du- Tribal Advisory Committee shall have expe- by inserting ‘‘, the Attorney General,’’ after ties of the Commission under this section. rience relating to— ‘‘the Secretary of the Interior’’; and (B) PUBLIC REQUIREMENT.—The hearings of (i) justice systems; (E) in subsection (f)(3), by striking ‘‘fiscal the Commission under this paragraph shall (ii) crime prevention; or year 1993 and such sums as are necessary for be open to the public. (iii) victim services. each of the fiscal years 1994, 1995, 1996, 1997, (2) WITNESS EXPENSES.— (3) DUTIES.—The Tribal Advisory Com- 1998, 1999, and 2000’’ and inserting ‘‘the period (A) IN GENERAL.—A witness requested to mittee shall— of fiscal years 2010 through 2014’’. appear before the Commission shall be paid (A) serve as an advisory body to the Com- (3) DEPARTMENTAL RESPONSIBILITY.—Sec- the same fees as are paid to witnesses under mission; and tion 4207 of the Indian Alcohol and Sub- section 1821 of title 28, United States Code. (B) provide to the Commission advice and stance Abuse Prevention and Treatment Act (B) PER DIEM AND MILEAGE.—The per diem recommendations, submit materials, docu- of 1986 (25 U.S.C. 2413) is amended— and mileage allowance for a witness shall be ments, testimony, and such other informa- (A) in subsection (a), by inserting ‘‘, the paid from funds made available to the Com- tion as the Commission determines to be Attorney General’’ after ‘‘Bureau of Indian mission. necessary to carry out the duties of the Com- Affairs’’; (3) INFORMATION FROM FEDERAL, TRIBAL, mission under this section. (B) in subsection (b)— AND STATE AGENCIES.— (k) AUTHORIZATION OF APPROPRIATIONS.— (i) by striking paragraph (1) and inserting (A) IN GENERAL.—The Commission may se- There are authorized to be appropriated such the following: cure directly from a Federal agency such in- sums as are necessary to carry out this sec- ‘‘(1) ESTABLISHMENT.— formation as the Commission considers to be tion, to remain available until expended. ‘‘(A) IN GENERAL.—To improve coordina- necessary to carry out this section. (l) TERMINATION OF COMMISSION.—The Com- tion among the Federal agencies and depart- (B) TRIBAL AND STATE AGENCIES.—The Com- mission shall terminate 90 days after the ments carrying out this subtitle, there is es- mission may request the head of any tribal date on which the Commission submits the tablished within the Substance Abuse and or State agency to provide to the Commis- report of the Commission under subsection Mental Health Services Administration an sion such information as the Commission (c)(3). office, to be known as the ‘Office of Indian considers to be necessary to carry out this (m) NONAPPLICABILITY OF FACA.—The Fed- Alcohol and Substance Abuse’ (referred to in section. eral Advisory Committee Act (5 U.S.C. App.) this section as the ‘Office’). shall not apply to the Commission. (4) POSTAL SERVICES.—The Commission ‘‘(B) DIRECTOR.—The director of the Office may use the United States mails in the same TITLE IV—TRIBAL JUSTICE SYSTEMS shall be appointed by the Director of the manner and under the same conditions as SEC. 401. INDIAN ALCOHOL AND SUBSTANCE Substance Abuse and Mental Health Services other agencies of the Federal Government. ABUSE. Administration— (5) GIFTS.—The Commission may accept, (a) CORRECTION OF REFERENCES.— ‘‘(i) on a permanent basis; and use, and dispose of gifts or donations of serv- (1) INTER-DEPARTMENTAL MEMORANDUM OF ‘‘(ii) at a grade of not less than GS–15 of ices or property. AGREEMENT.—Section 4205 of the Indian Alco- the General Schedule.’’; (h) COMMISSION PERSONNEL MATTERS.— hol and Substance Abuse Prevention and (ii) in paragraph (2)— (1) TRAVEL EXPENSES.—A member of the Treatment Act of 1986 (25 U.S.C. 2411) is (I) by striking ‘‘(2) In addition’’ and insert- Commission shall be allowed travel expenses, amended— ing the following: including per diem in lieu of subsistence, at (A) in subsection (a)— ‘‘(2) RESPONSIBILITIES OF OFFICE.—In addi- rates authorized for an employee of an agen- (i) in the matter preceding paragraph (1)— tion’’; cy under subchapter I of chapter 57 of title 5, (I) by striking ‘‘the date of enactment of (II) by striking subparagraph (A) and in- United States Code, while away from the this subtitle’’ and inserting ‘‘the date of en- serting the following: home or regular place of business of the actment of the Tribal Law and Order Act of ‘‘(A) coordinating with other agencies to member in the performance of the duties of 2009’’; and monitor the performance and compliance of the Commission. (II) by inserting ‘‘, the Attorney General,’’ the relevant Federal programs in achieving (2) DETAIL OF FEDERAL EMPLOYEES.—On the after ‘‘Secretary of the Interior’’; the goals and purposes of this subtitle and affirmative vote of 2⁄3 of the members of the (ii) in paragraph (2)(A), by inserting ‘‘, Bu- the Memorandum of Agreement entered into Commission and the approval of the appro- reau of Justice Assistance, Substance Abuse under section 4205;’’; priate Federal agency head, an employee of and Mental Health Services Administra- (III) in subparagraph (B)— the Federal Government may be detailed to tion,’’ after ‘‘Bureau of Indian Affairs,’’; (aa) by striking ‘‘within the Bureau of In- the Commission without reimbursement, and (iii) in paragraph (4), by inserting ‘‘, De- dian Affairs’’; and such detail shall be without interruption or partment of Justice, Substance Abuse and (bb) by striking the period at the end and loss of civil service status, benefits, or privi- Mental Health Services Administration,’’ inserting ‘‘; and’’; and leges. after ‘‘Bureau of Indian Affairs’’; (IV) by adding at the end the following: (3) PROCUREMENT OF TEMPORARY AND INTER- (iv) in paragraph (5), by inserting ‘‘, De- ‘‘(C) not later than 1 year after the date of MITTENT SERVICES.—On request of the Com- partment of Justice, Substance Abuse and enactment of the Tribal Law and Order Act mission, the Attorney General and Secretary Mental Health Services Administration,’’ of 2009, developing, in coordination and con- shall provide to the Commission reasonable after ‘‘Bureau of Indian Affairs’’; sultation with tribal governments, a frame- and appropriate office space, supplies, and (v) in paragraph (7), by inserting ‘‘, the At- work for interagency and tribal coordination administrative assistance. torney General,’’ after ‘‘Secretary of the In- that— (i) CONTRACTS FOR RESEARCH.— terior’’; ‘‘(i) establish the goals and other desired (1) RESEARCHERS AND EXPERTS.— (B) in subsection (c), by inserting ‘‘, the outcomes of this Act; (A) IN GENERAL.—On an affirmative vote of Attorney General,’’ after ‘‘Secretary of the ‘‘(ii) prioritizes outcomes that are aligned 2⁄3 of the members of the Commission, the Interior’’; and with the purposes of affected agencies; Commission may select nongovernmental re- (C) in subsection (d), by striking ‘‘the date ‘‘(iii) provides guidelines for resource and searchers and experts to assist the Commis- of enactment of this subtitle’’ and inserting information sharing;

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4341 ‘‘(iv) provides technical assistance to the for Indian Affairs, shall develop and imple- training program or by supplementing exist- affected agencies to establish effective and ment programs in tribal schools and schools ing training programs, that all Bureau of In- permanent interagency communication and funded by the Bureau of Indian Education dian Affairs and tribal law enforcement and coordination; and (subject to the approval of the local school judicial personnel have access to training re- ‘‘(v) determines whether collaboration is board or contract school board) to determine garding— feasible, cost-effective, and within agency the effectiveness of summer youth programs ‘‘(A) the investigation and prosecution of capability.’’; and in advancing the purposes and goals of this offenses relating to illegal narcotics; and (iii) by striking paragraph (3) and inserting Act. ‘‘(B) alcohol and substance abuse preven- the following: ‘‘(2) COSTS.—The head of the Indian Alco- tion and treatment. ‘‘(3) APPOINTMENT OF EMPLOYEES.—The Di- hol and Substance Abuse Program and the ‘‘(2) YOUTH-RELATED TRAINING.—Any train- rector of the Substance Abuse and Mental Assistant Secretary shall defray all costs as- ing provided to Bureau of Indian Affairs or Health Services Administration shall ap- sociated with the actual operation and sup- tribal law enforcement or judicial personnel point such employees to work in the Office, port of the summer youth programs in a under paragraph (1) shall include training in and shall provide such funding, services, and school from funds appropriated to carry out issues relating to youth alcohol and sub- equipment, as may be necessary to enable this subsection. stance abuse prevention and treatment.’’; the Office to carry out the responsibilities ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— and under this subsection.’’; and There are authorized to be appropriated to (2) in subsection (b), by striking ‘‘as may (C) in subsection (c)— carry out the programs under this subsection be necessary’’ and all that follows through (i) by striking ‘‘of Alcohol and Substance such sums as are necessary for each of fiscal the end of the subsection and inserting ‘‘as Abuse’’ each place it appears; years 2010 through 2014.’’. are necessary for each of fiscal years 2010 (ii) in paragraph (1), in the second sen- (c) EMERGENCY SHELTERS.—Section 4213(e) through 2014.’’. tence, by striking ‘‘The Assistant Secretary of the Indian Alcohol and Substance Abuse (g) JUVENILE DETENTION CENTERS.—Section of the Interior for Indian Affairs’’ and insert- Prevention and Treatment Act of 1986 (25 4220 of the Indian Alcohol and Substance ing ‘‘The Director of the Substance Abuse U.S.C. 2433(e)) is amended— Abuse Prevention and Treatment Act of 1986 and Mental Health Services Administra- (1) in paragraph (1), by striking ‘‘as may be (25 U.S.C. 2453) is amended— tion’’; and necessary’’ and all that follows through the (1) in subsection (a)— (iii) in paragraph (3)— end of the paragraph and inserting ‘‘as are (A) by striking ‘‘The Secretary’’ the first (I) in the matter preceding subparagraph necessary for each of fiscal years 2010 place it appears and inserting the following: (A), by striking ‘‘Youth’’ and inserting through 2014.’’; ‘‘(1) IN GENERAL.—The Secretary’’; ‘‘youth’’; and (2) in paragraph (2), by striking ‘‘$7,000,000’’ (B) in the second sentence, by striking (II) by striking ‘‘programs of the Bureau of and all that follows through the end of the ‘‘The Secretary shall’’ and inserting the fol- Indian Affairs’’ and inserting ‘‘the applicable paragraph and inserting ‘‘$10,000,000 for each lowing: Federal programs’’. of fiscal years 2010 through 2014.’’; and ‘‘(2) CONSTRUCTION AND OPERATION.—The (4) REVIEW OF PROGRAMS.—Section 4208a(a) (3) by indenting paragraphs (4) and (5) ap- Secretary shall’’; and of the Indian Alcohol and Substance Abuse propriately. Prevention and Treatment Act of 1986 (25 (d) REVIEW OF PROGRAMS.—Section 4215(a) (C) by adding at the end the following: U.S.C. 2414a(a)) is amended in the matter of the Indian Alcohol and Substance Abuse ‘‘(3) DEVELOPMENT OF PLAN.— preceding paragraph (1) by inserting ‘‘, the Prevention and Treatment Act of 1986 (25 ‘‘(A) IN GENERAL.—Not later than 180 days Attorney General,’’ after ‘‘the Secretary of U.S.C. 2441(a)) is amended by inserting ‘‘, the after the date of enactment of this para- the Interior’’. Attorney General,’’ after ‘‘the Secretary of graph, the Secretary, the Director of the (5) FEDERAL FACILITIES, PROPERTY, AND the Interior’’. Substance Abuse and Mental Health Services EQUIPMENT.—Section 4209 of the Indian Alco- (e) ILLEGAL NARCOTICS TRAFFICKING; Administration, the Director of the Indian hol and Substance Abuse Prevention and SOURCE ERADICATION.—Section 4216 of the In- Health Service, and the Attorney General, in Treatment Act of 1986 (25 U.S.C. 2415) is dian Alcohol and Substance Abuse Preven- consultation with tribal leaders and tribal amended— tion and Treatment Act of 1986 (25 U.S.C. justice officials, shall develop a long-term (A) in subsection (a), by inserting ‘‘, the 2442) is amended— plan for the construction, renovation, and Attorney General,’’ after ‘‘the Secretary of (1) in subsection (a)— operation of Indian juvenile detention and the Interior’’; (A) in paragraph (1)— treatment centers and alternatives to deten- (B) in subsection (b)— (i) in subparagraph (A), by striking the tion for juvenile offenders. (i) in the first sentence, by inserting ‘‘, the comma at the end and inserting a semicolon; ‘‘(B) COORDINATION.—The plan under sub- Attorney General,’’ after ‘‘the Secretary of (ii) in subparagraph (B), by striking ‘‘, paragraph (A) shall require the Bureau of In- the Interior’’; and’’ at the end and inserting a semicolon; dian Education and the Indian Health Serv- (ii) in the second sentence, by inserting ‘‘, (iii) in subparagraph (C), by striking the ice to coordinate with tribal and Bureau of nor the Attorney General,’’ after ‘‘the Sec- period at the end and inserting ‘‘; and’’; and Indian Affairs juvenile detention centers to retary of the Interior’’; and (iv) by adding at the end the following: provide services to those centers.’’; and (iii) in the third sentence, by inserting ‘‘, ‘‘(D) the Blackfeet Nation of Montana for (2) in subsection (b)— the Department of Justice,’’ after ‘‘the De- the investigation and control of illegal nar- (A) by striking ‘‘such sums as may be nec- partment of the Interior’’; and cotics traffic on the Blackfeet Indian Res- essary for each of the fiscal years 1994, 1995, (C) in subsection (c)(1), by inserting ‘‘, the ervation along the border with Canada.’’; 1996, 1997, 1998, 1999, and 2000’’ each place it Attorney General,’’ after ‘‘the Secretary of (B) in paragraph (2), by striking ‘‘United appears and inserting ‘‘such sums as are nec- the Interior’’. States Custom Service’’ and inserting essary for each of fiscal years 2010 through (6) NEWSLETTER.—Section 4210 of the In- ‘‘United States Customs and Border Protec- 2014’’; and dian Alcohol and Substance Abuse Preven- tion’’; and (B) by indenting paragraph (2) appro- tion and Treatment Act of 1986 (25 U.S.C. (C) by striking paragraph (3) and inserting priately. the following: 2416) is amended— SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL (A) in subsection (a), in the first sentence, ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— AND LEGAL ASSISTANCE. by inserting ‘‘, the Attorney General,’’ after There are authorized to be appropriated to ‘‘the Secretary of the Interior’’; and carry out this subsection such sums as are (a) INDIAN TRIBAL JUSTICE.— (B) in subsection (b), by striking ‘‘fiscal necessary for each of fiscal years 2010 (1) BASE SUPPORT FUNDING.—Section 103(b) year 1993 and such sums as may be necessary through 2014.’’; and of the Indian Tribal Justice Act (25 U.S.C. for each of the fiscal years 1994, 1995, 1996, (2) in subsection (b)(2), by striking ‘‘as may 3613(b)) is amended by striking paragraph (2) 1997, 1998, 1999, and 2000’’ and inserting ‘‘the be necessary’’ and all that follows through and inserting the following: period of fiscal years 2010 through 2014’’. the end of the paragraph and inserting ‘‘as ‘‘(2) the employment of tribal court per- (7) REVIEW.—Section 4211(a) of the Indian are necessary for each of fiscal years 2010 sonnel, including tribal court judges, pros- Alcohol and Substance Abuse Prevention and through 2014.’’. ecutors, public defenders, guardians ad Treatment Act of 1986 (25 U.S.C. 2431(a)) is (f) LAW ENFORCEMENT AND JUDICIAL TRAIN- litem, and court-appointed special advocates amended in the matter preceding paragraph ING.—Section 4218 of the Indian Alcohol and for children and juveniles;’’. (1) by inserting ‘‘, the Attorney General,’’ Substance Abuse Prevention and Treatment (2) TRIBAL JUSTICE SYSTEMS.—Section 201 of after ‘‘the Secretary of the Interior’’. Act of 1986 (25 U.S.C. 2451) is amended— the Indian Tribal Justice Act (25 U.S.C. 3621) (b) INDIAN EDUCATION PROGRAMS.—Section (1) by striking subsection (a) and inserting is amended— 4212 of the Indian Alcohol and Substance the following: (A) in subsection (a)— Abuse Prevention Act of 1986 (25 U.S.C. 2432) ‘‘(a) TRAINING PROGRAMS.— (i) by striking ‘‘the provisions of sections is amended by striking subsection (a) and in- ‘‘(1) IN GENERAL.—The Secretary of the In- 101 and 102 of this Act’’ and inserting ‘‘sec- serting the following: terior, in coordination with the Attorney tions 101 and 102’’; and ‘‘(a) SUMMER YOUTH PROGRAMS.— General, the Administrator of the Drug En- (ii) by striking ‘‘the fiscal years 2000 ‘‘(1) IN GENERAL.—The head of the Indian forcement Administration, and the Director through 2007’’ and inserting ‘‘fiscal years 2010 Alcohol and Substance Abuse Program, in of the Federal Bureau of Investigation, shall through 2014’’; coordination with the Assistant Secretary ensure, through the establishment of a new (B) in subsection (b)—

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE S4342 CONGRESSIONAL RECORD — SENATE April 2, 2009 (i) by striking ‘‘the provisions of section 2010 and any fiscal year thereafter, for such ‘‘(C) bed space needs. 103 of this Act’’ and inserting ‘‘section 103’’; period as the Attorney General determines ‘‘(3) FEDERAL SHARE.—Because of the Fed- and to be appropriate to assist the Indian tribal eral nature and responsibility for providing (ii) by striking ‘‘the fiscal years 2000 governments in carrying out the purposes public safety on Indian land, the Federal through 2007’’ and inserting ‘‘fiscal years 2010 described in subsection (b). share of the cost of any activity carried out through 2014’’; ‘‘(2) PRIORITY OF FUNDING.—In providing using a grant under this subsection shall be (C) in subsection (c), by striking ‘‘the fiscal grants to Indian tribal governments under 100 percent.’’. years 2000 through 2007’’ and inserting ‘‘fiscal this subsection, the Attorney General shall (2) CONFORMING AMENDMENT.—Section years 2010 through 2014’’; and take into consideration reservation crime 20109(c) of the Violent Crime Control and (D) in subsection (d), by striking ‘‘the fis- rates and tribal law enforcement staffing Law Enforcement Act of 1994 (42 U.S.C. cal years 2000 through 2007’’ and inserting needs of each Indian tribal government. 13709(c)) is amended by inserting ‘‘or consor- ‘‘fiscal years 2010 through 2014’’. ‘‘(3) FEDERAL SHARE.—Because of the Fed- tium of Indian tribes, as applicable,’’ after (b) TECHNICAL AND LEGAL ASSISTANCE.— eral nature and responsibility for providing ‘‘Indian tribe’’. (1) TRIBAL CIVIL LEGAL ASSISTANCE public safety on Indian land, the Federal (3) LONG-TERM PLAN.—Section 20109 of the GRANTS.—Section 102 of the Indian Tribal share of the cost of any activity carried out Violent Crime Control and Law Enforcement Justice Technical and Legal Assistance Act using a grant under this subsection shall be Act of 1994 (42 U.S.C. 13709) is amended by of 2000 (25 U.S.C. 3662) is amended by insert- 100 percent. adding at the end the following: ing ‘‘(including guardians ad litem and ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) LONG-TERM PLAN.—Not later than 1 court-appointed special advocates for chil- There are authorized to be appropriated such year after the date of enactment of this sub- dren and juveniles)’’ after ‘‘civil legal assist- sums as are necessary to carry out this subsection, the Attorney General, in coordina- ance’’. section for each of fiscal years 2010 through tion with the Bureau of Indian Affairs and in (2) TRIBAL CRIMINAL LEGAL ASSISTANCE 2014. consultation with tribal leaders, tribal law GRANTS.—Section 103 of the Indian Tribal ‘‘(k) REPORT.—Not later than 180 days after enforcement officers, and tribal corrections Justice Technical and Legal Assistance Act the date of enactment of this subsection, the officials, shall submit to Congress a long- of 2000 (25 U.S.C. 3663) is amended by striking Attorney General shall submit to Congress a term plan to address incarceration in Indian ‘‘criminal legal assistance to members of In- report describing the extent and effective- country, including a description of— dian tribes and tribal justice systems’’ and ness of the Community Oriented Policing ‘‘(1) proposed activities for construction of inserting ‘‘criminal legal assistance services (COPS) initiative as applied in Indian coun- detention facilities (including regional fa- to all defendants subject to tribal court ju- try, including particular references to— cilities) on Indian land; risdiction and judicial services for tribal ‘‘(1) the problem of intermittent funding; ‘‘(2) proposed activities for construction of courts’’. ‘‘(2) the integration of COPS personnel additional Federal detention facilities on In- (3) FUNDING.—The Indian Tribal Justice with existing law enforcement authorities; dian land; Technical and Legal Assistance Act of 2000 is and ‘‘(3) proposed activities for contracting amended— ‘‘(3) an explanation of how the practice of with State and local detention centers, with (A) in section 106 (25 U.S.C. 3666), by strik- community policing and the broken windows tribal government approval; ing ‘‘2000 through 2004’’ and inserting ‘‘2010 theory can most effectively be applied in re- ‘‘(4) proposed alternatives to incarceration, through 2014’’; and mote tribal locations.’’. developed in cooperation with tribal court (B) in section 201(d) (25 U.S.C. 3681(d)), by SEC. 404. TRIBAL JAILS PROGRAM. systems; and striking ‘‘2000 through 2004’’ and inserting (a) IN GENERAL.—Section 20109 of the Vio- ‘‘(5) such other alternatives as the Attor- ‘‘2010 through 2014’’. lent Crime Control and Law Enforcement ney General, in coordination with the Bu- SEC. 403. TRIBAL RESOURCES GRANT PROGRAM. Act of 1994 (42 U.S.C. 13709) is amended by reau of Indian Affairs and in consultation Section 1701 of the Omnibus Crime Control striking subsection (a) and inserting the fol- with Indian tribes, determines to be nec- and Safe Streets Act of 1968 (42 U.S.C. 3796dd) lowing: essary.’’. is amended— ‘‘(a) RESERVATION OF FUNDS.—Notwith- SEC. 405. TRIBAL PROBATION OFFICE LIAISON (1) in subsection (b)— standing any other provision of this part, of PROGRAM. (A) in each of paragraphs (1) through (4) amounts made available to the Attorney Title II of the Indian Tribal Justice Tech- and (6) through (17), by inserting ‘‘to’’ after General to carry out programs relating to of- nical and Legal Assistance Act of 2000 (25 the paragraph designation; fender incarceration, the Attorney General U.S.C. 3681 et seq.) is amended by adding at (B) in paragraph (1), by striking ‘‘State shall reserve $35,000,000 for each of fiscal the end the following: and’’ and inserting ‘‘State, tribal, or’’; years 2010 through 2014 to carry out this sec- ‘‘SEC. 203. ASSISTANT PAROLE AND PROBATION (C) in paragraphs (9) and (10), by inserting tion.’’. OFFICERS. ‘‘, tribal,’’ after ‘‘State’’ each place it ap- (b) REGIONAL DETENTION CENTERS.— ‘‘To the maximum extent practicable, the pears; (1) IN GENERAL.—Section 20109 of the Vio- Director of the Administrative Office of the (D) in paragraph (15)— lent Crime Control and Law Enforcement United States Courts, in coordination with (i) by striking ‘‘a State in’’ and inserting Act of 1994 (42 U.S.C. 13709) is amended by the Office of Tribal Justice and the Director ‘‘a State or Indian tribe in’’; striking subsection (b) and inserting the fol- of the Office of Justice Services, shall— (ii) by striking ‘‘the State which’’ and in- lowing: ‘‘(1) appoint individuals residing in Indian serting ‘‘the State or tribal community ‘‘(b) GRANTS TO INDIAN TRIBES.— country to serve as assistant parole or pro- that’’; and ‘‘(1) IN GENERAL.—From the amounts re- bation officers for purposes of monitoring (iii) by striking ‘‘a State or’’ and inserting served under subsection (a), the Attorney and providing service to Federal prisoners ‘‘a State, tribal, or’’; General shall provide grants— residing in Indian country; and (E) in paragraph (16), by striking ‘‘and’’ at ‘‘(A) to Indian tribes for purposes of— ‘‘(2) provide substance abuse, mental the end ‘‘(i) construction and maintenance of jails health, and other related treatment services (F) in paragraph (17), by striking the pe- on Indian land for the incarceration of of- to offenders residing on Indian land.’’. riod at the end and inserting ‘‘; and’’; fenders subject to tribal jurisdiction; (G) by redesignating paragraphs (6) ‘‘(ii) entering into contracts with private SEC. 406. TRIBAL YOUTH PROGRAM. through (17) as paragraphs (5) through (16), entities to increase the efficiency of the con- (a) INCENTIVE GRANTS FOR LOCAL DELIN- respectively; and struction of tribal jails; and QUENCY PREVENTION PROGRAMS.— (H) by adding at the end the following: ‘‘(iii) developing and implementing alter- (1) IN GENERAL.—Section 504 of the Juve- ‘‘(17) to permit tribal governments receiv- natives to incarceration in tribal jails; nile Justice and Delinquency Prevention Act ing direct law enforcement services from the ‘‘(B) to Indian tribes for the construction of 1974 (42 U.S.C. 5783) is amended— Bureau of Indian Affairs to access the proof tribal justice centers that combine tribal (A) in subsection (a), by inserting ‘‘, or to gram under this section on behalf of the Bu- police, courts, and corrections services to ad- Indian tribes under subsection (d)’’ after reau for use in accordance with paragraphs dress violations of tribal civil and criminal ‘‘subsection (b)’’; and (1) through (16).’’. laws; (B) by adding at the end the following: (2) in subsection (i), by striking ‘‘The au- ‘‘(C) to consortia of Indian tribes for pur- ‘‘(d) GRANTS FOR TRIBAL DELINQUENCY PRE- thority’’ and inserting ‘‘Except as provided poses of constructing and operating regional VENTION AND RESPONSE PROGRAMS.— in subsection (j), the authority’’; and detention centers on Indian land for long- ‘‘(1) IN GENERAL.—The Administrator shall (3) by adding at the end the following: term incarceration of offenders subject to make grants under this section, on a com- ‘‘(j) GRANTS TO INDIAN TRIBES.— tribal jurisdiction, as the applicable consor- petitive basis, to eligible Indian tribes or ‘‘(1) IN GENERAL.—Notwithstanding sub- tium determines to be appropriate. consortia of Indian tribes, as described in section (i) and section 1703, and in acknowl- ‘‘(2) PRIORITY OF FUNDING.—in providing paragraph (2)— edgment of the Federal nexus and distinct grants under this subsection, the Attorney ‘‘(A) to support and enhance— Federal responsibility to address and prevent General shall take into consideration appli- ‘‘(i) tribal juvenile delinquency prevention crime in Indian country, the Attorney Gen- cable— services; and eral shall provide grants under this section ‘‘(A) reservation crime rates; ‘‘(ii) the ability of Indian tribes to respond to Indian tribal governments, for fiscal year ‘‘(B) annual tribal court convictions; and to, and care for, juvenile offenders; and

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4343 ‘‘(B) to encourage accountability of Indian (ii) by striking ‘‘State, and local’’ and in- cers of each State, tribal, and local jurisdic- tribal governments with respect to pre- serting ‘‘State, tribal, and local’’; tion’’; and venting juvenile delinquency and responding (H) in paragraph (18), by striking ‘‘State (3) in subsection (c)— to, and caring for, juvenile offenders. and local’’ and inserting ‘‘State, tribal, and (A) in paragraph (1)— ‘‘(2) ELIGIBLE INDIAN TRIBES.—To be eligible local’’; (i) in subparagraph (A), by striking ‘‘officer to receive a grant under this subsection, an (I) in paragraph (19), by inserting ‘‘and of the State and of the local jurisdiction’’ Indian tribe or consortium of Indian tribes tribal’’ after ‘‘State’’ each place it appears; and inserting ‘‘officers of each State, tribal, shall submit to the Administrator an appli- (J) in paragraph (20), by inserting ‘‘, trib- and local jurisdiction’’; and cation in such form and containing such in- al,’’ after ‘‘State’’; and (ii) in subparagraph (B), by inserting ‘‘, formation as the Administrator may require. (K) in paragraph (22), by inserting ‘‘, trib- tribal,’’ after ‘‘State’’ each place it appears; ‘‘(3) PRIORITY OF FUNDING.—In providing al,’’ after ‘‘Federal’’; and grants under this subsection, the Adminis- (2) in subsection (d)— (B) in paragraph (2)— trator shall take into consideration, with re- (A) by redesignating paragraphs (1) (i) by striking ‘‘(2) Notice’’ and inserting spect to the reservation communities to be through (6) as subparagraphs (A) through (F), the following: served— respectively, and indenting the subpara- ‘‘(2) REQUIREMENTS.— ‘‘(A) juvenile crime rates; graphs appropriately; ‘‘(A) IN GENERAL.—A notice’’; ‘‘(B) dropout rates; and (B) by striking ‘‘To insure’’ and inserting (ii) in the second sentence, by striking ‘‘(C) percentage of at-risk youth.’’. the following: ‘‘For a person who is released’’ and inserting (2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—To ensure’’; and the following: Section 505 of the Juvenile Justice and De- (C) by adding at the end the following: ‘‘(B) RELEASED PERSONS.—For a person who linquency Prevention Act of 1974 (42 U.S.C. ‘‘(2) CONSULTATION WITH INDIAN TRIBES.— is released’’; 5784) is amended by striking ‘‘fiscal years The Director, acting jointly with the Assist- (iii) in the third sentence, by striking ‘‘For 2004, 2005, 2006, 2007, and 2008’’ and inserting ant Secretary for Indian Affairs (acting a person who is sentenced’’ and inserting the ‘‘each of fiscal years 2010 through 2014’’. through the Director of the Office of Law En- following: (b) COORDINATING COUNCIL ON JUVENILE forcement Services) and the Director of the ‘‘(C) PERSONS ON PROBATION.—For a person JUSTICE AND DELINQUENCY PREVENTION.—Sec- Federal Bureau of Investigation, shall work who is sentenced’’; tion 206(a)(2) of the Juvenile Justice and De- with Indian tribes and tribal law enforce- (iv) in the fourth sentence, by striking linquency Prevention Act of 1974 (42 U.S.C. ment agencies to establish and implement ‘‘Notice concerning’’ and inserting the fol- 5616(a)(2)) is amended— such tribal data collection systems as the lowing: (1) in subparagraph (A), by striking ‘‘Nine’’ Director determines to be necessary to ‘‘(D) RELEASED PERSONS REQUIRED TO REG- and inserting ‘‘Ten’’; and achieve the purposes of this section.’’; ISTER.— (2) in subparagraph (B), by adding at the (3) in subsection (e), by striking ‘‘sub- ‘‘(i) IN GENERAL.—A notice concerning’’; end the following: section (d)(3)’’ and inserting ‘‘subsection and ‘‘(iv) One member shall be appointed by the (v) in subparagraph (D) (as designated by Chairman of the Committee on Indian Af- (d)(1)(C)’’; fairs of the Senate, in consultation with the (4) in subsection (f)— clause (iv)), by adding at the end the fol- Vice Chairman of that Committee.’’. (A) in the subsection heading, by inserting lowing: ‘‘, Tribal,’’ after ‘‘State’’; and ‘‘(ii) PERSONS RESIDING IN INDIAN COUN- TITLE V—INDIAN COUNTRY CRIME DATA (B) by inserting ‘‘, tribal,’’ after ‘‘State’’; TRY.—For a person described in paragraph (3) COLLECTION AND INFORMATION SHAR- and the expected place of residence of whom is ING (5) by adding at the end the following: potentially located in Indian country, the SEC. 501. TRACKING OF CRIMES COMMITTED IN ‘‘(g) REPORT TO CONGRESS ON CRIMES IN IN- Director of the Bureau of Prisons or the Di- INDIAN COUNTRY. DIAN COUNTRY.—Not later than 1 year after rector of the Administrative Office of the (a) GANG VIOLENCE.—Section 1107 of the Vi- the date of enactment of this subsection, and United States Courts, as appropriate, shall— olence Against Women and Department of annually thereafter, the Director shall sub- ‘‘(I) make all reasonable and necessary ef- Justice Reauthorization Act of 2005 (28 mit to Congress a report describing the data forts to determine whether the residence of U.S.C. 534 note; Public Law 109–162) is collected and analyzed under this section re- the person is located in Indian country; and amended— lating to crimes in Indian country.’’. ‘‘(II) ensure that the person is registered (1) in subsection (a)— SEC. 502. GRANTS TO IMPROVE TRIBAL DATA with the law enforcement office of each ap- (A) by redesignating paragraphs (8) COLLECTION SYSTEMS. through (12) as paragraphs (9) through (13), propriate jurisdiction before release from Section 3 of the Indian Law Enforcement respectively; Federal custody.’’. Reform Act (25 U.S.C. 2802) is amended by (B) by inserting after paragraph (7) the fol- SEC. 602. DOMESTIC AND SEXUAL VIOLENT OF- adding at the end the following: FENSE TRAINING. lowing: ‘‘(f) GRANTS TO IMPROVE TRIBAL DATA COL- Section 3(c)(9) of the Indian Law Enforce- ‘‘(8) the Office of Justice Services of the LECTION SYSTEMS.— ment Reform Act (25 U.S.C. 2802(c)(9)) (as Bureau of Indian Affairs;’’; ‘‘(1) GRANT PROGRAM.—The Secretary, act- amended by section 101(a)(2)) is amended by (C) in paragraph (9) (as redesignated by ing through the Director of the Office of Jus- inserting before the semicolon at the end the subparagraph (A)), by striking ‘‘State’’ and tice Services of the Bureau and in coordina- following: ‘‘, including training to properly inserting ‘‘tribal, State,’’; and tion with the Attorney General, shall estab- interview victims of domestic and sexual vi- (D) in paragraphs (10) through (12) (as re- lish a program under which the Secretary olence and to collect, preserve, and present designated by subparagraph (A)), by insert- shall provide grants to Indian tribes for ac- evidence to Federal and tribal prosecutors to ing ‘‘tribal,’’ before ‘‘State,’’ each place it tivities to ensure uniformity in the collec- increase the conviction rate for domestic and appears; and tion and analysis of data relating to crime in sexual violence offenses for purposes of ad- (2) in subsection (b), by inserting ‘‘tribal,’’ Indian country. dressing and preventing domestic and sexual before ‘‘State,’’ each place it appears. ‘‘(2) REGULATIONS.—The Secretary, acting violent offenses’’. (b) BUREAU OF JUSTICE STATISTICS.—Sec- through the Director of the Office of Justice tion 302 of the Omnibus Crime Control and SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES Services of the Bureau, in consultation with IN CASES OF RAPE AND SEXUAL AS- Safe Streets Act of 1968 (42 U.S.C. 3732) is tribal governments and tribal justice offi- SAULT. amended— The Indian Law Enforcement Reform Act (1) in subsection (c)— cials, shall promulgate such regulations as are necessary to carry out the grant program (25 U.S.C. 2801 et seq.) is amended by adding (A) in paragraph (1), by inserting ‘‘, Indian at the end the following: tribes,’’ after ‘‘contracts with’’; under this subsection.’’. SEC. 503. CRIMINAL HISTORY RECORD IMPROVE- ‘‘SEC. 11. TESTIMONY BY FEDERAL EMPLOYEES (B) in each of paragraphs (3) through (6), by IN CASES OF RAPE AND SEXUAL AS- inserting ‘‘tribal,’’ after ‘‘State,’’ each place MENT PROGRAM. Section 1301(a) of the Omnibus Crime Con- SAULT. it appears; ‘‘(a) APPROVAL OF EMPLOYEE TESTIMONY.— trol and Safe Streets Act of 1968 (42 U.S.C. (C) in paragraph (7), by inserting ‘‘and in The Director of the Office of Justice Services 3796h(a)) is amended by inserting ‘‘, tribal,’’ Indian country’’ after ‘‘States’’; or the Director of the Indian Health Service, after ‘‘State’’. (D) in paragraph (9), by striking ‘‘Federal as appropriate (referred to in this section as and State Governments’’ and inserting ‘‘Fed- TITLE VI—DOMESTIC VIOLENCE AND SEX- the ‘Director concerned’), shall approve or eral Government and State and tribal gov- UAL ASSAULT PROSECUTION AND PRE- disapprove, in writing, any request or sub- ernments’’; VENTION poena for a law enforcement officer, sexual (E) in each of paragraphs (10) and (11), by SEC. 601. PRISONER RELEASE AND REENTRY. assault nurse examiner, or other employee inserting ‘‘, tribal,’’ after ‘‘State’’ each place Section 4042 of title 18, United States Code, under the supervision of the Director con- it appears; is amended— cerned to provide testimony in a deposition, (F) in paragraph (13), by inserting ‘‘, Indian (1) in subsection (a)(4), by inserting ‘‘, trib- trial, or other similar proceeding regarding tribes,’’ after ‘‘States’’; al,’’ after ‘‘State’’; information obtained in carrying out the of- (G) in paragraph (17)— (2) in subsection (b)(1), in the first sen- ficial duties of the employee. (i) by striking ‘‘State and local’’ and in- tence, by striking ‘‘officer of the State and ‘‘(b) REQUIREMENT.—The Director con- serting ‘‘State, tribal, and local’’; and of the local jurisdiction’’ and inserting ‘‘offi- cerned shall approve a request or subpoena

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE S4344 CONGRESSIONAL RECORD — SENATE April 2, 2009 under subsection (a) if the request or sub- some reservation areas. With great re- reau of Land Management, BLM, lands poena does not violate the policy of the De- gret, I point to the Wind River Indian in Utah harbor some of the largest and partment of the Interior to maintain strict Reservation of the Eastern Shoshone most remarkable roadless desert areas impartiality with respect to private causes and Northern Arapaho peoples in my anywhere in the world. Included in the of action. ‘‘(c) TREATMENT.—If the Director con- home state of Wyoming as an example. 9.4 million acres I seek to protect are cerned fails to approve or disapprove a re- The Wind River Indian Reservation well known landscapes, such as the quest or subpoena by the date that is 30 days consists of approximately 2.2 million Grand Staircase-Escalante National after the date of receipt of the request or acres and has a tribal population of Monument, and lesser known areas just subpoena, the request or subpoena shall be over 11,000. outside Zion National Park, considered to be approved for purposes of During fiscal year 2008, the Wind Canyonlands National Park, and Arch- this section.’’. River Indian Reservation had a violent es National Park. Together this wild SEC. 604. COORDINATION OF FEDERAL AGEN- CIES. crime rate that was 3.58 times the na- landscape offers spectacular vistas of The Indian Law Enforcement Reform Act tional crime rate, according to the rare rock formations, canyons and (25 U.S.C. 2801 et seq.) (as amended by sec- crime reports published by the Bureau desert lands, important archaeological tion 603) is amended by adding at the end the of Indian Affairs within the Depart- sites, and habitat for rare plant and following: ment of the Interior. Between 2007 and animal species. ‘‘SEC. 12. COORDINATION OF FEDERAL AGEN- 2008, the crime rate on the Wind River I have visited many of the areas this CIES. Indian Reservation escalated from 677 ‘‘(a) IN GENERAL.—The Secretary, in co- act would designate as wilderness. I to 748 incidents per 100,000 inhabitants. ordination with the Attorney General, Fed- can tell you that the natural beauty of Yet despite these troubling statis- eral and tribal law enforcement agencies, the these landscapes is a compelling reason tics, the Wind River Indian Reserva- Indian Health Service, and domestic violence for Congress to grant these lands wil- tion has only 9 law enforcement offi- or sexual assault victim organizations, shall derness protection. I have the honor of develop appropriate victim services and vic- cers to cover all shifts. According to introducing legislation on the 20th an- tim advocate training programs— the Bureau of Indian Affairs’ fiscal niversary of the year it was first intro- ‘‘(1) to improve domestic violence or sexual year 2008 crime report, an additional 22 duced by my friend and former col- abuse responses; police officers would be necessary to ‘‘(2) to improve forensic examinations and league in the House of Representatives, meet the minimum safety needs of this collection; Wayne Owens. As a member of the community. This situation would never ‘‘(3) to identify problems or obstacles in Utah delegation, Congressman Owens be tolerated in other communities. We the prosecution of domestic violence or sex- pioneered the Congressional effort to must address the needs for public safe- ual abuse; and protect Utah’s red rock wilderness. He ‘‘(4) to meet other needs or carry out other ty, law enforcement and justice on In- did this with broad public support, activities required to prevent, treat, and im- dian reservations head on. which still exists not only in Utah, but prove prosecutions of domestic violence and Senator DORGAN and I have worked sexual abuse. together to ensure that this bill will in all corners of Nation. ‘‘(b) REPORT.—Not later than 2 years after assist in increasing the number of po- The wilderness designated in this bill the date of enactment of this section, the Secretary shall submit to the Committee on lice officers on the ground. Through was chosen based on more than 20 years Indian Affairs of the Senate and the Com- this bill we are sending a strong mes- of meticulous research and surveying. mittee on Natural Resources of the House of sage that Indian reservations will not Volunteers have taken inventories of Representatives a report that describes, with be a haven for criminal activity, drug thousands of square miles of BLM land respect to the matters described in sub- trafficking, gangs, or abuse. in Utah to help determine which lands section (a), the improvements made and We have set important goals for this should be protected. These volunteers needed, problems or obstacles identified, and legislation. To achieve them, we are provided extensive documentation to costs necessary to address the problems or proposing some significant changes to ensure that these areas meet Federal obstacles, and any other recommendations that the Secretary determines to be appro- the status quo. As we move forward, I wilderness criteria. The BLM also com- priate.’’. intend to solicit more input from pleted an inventory of approximately SEC. 605. SEXUAL ASSAULT PROTOCOL. stakeholders. The bill will inevitably 7.5 million acres of the land that would Title VIII of the Indian Health Care Im- require some modifications, and I look be protected by America’s Red Rock provement Act is amended by inserting after forward to that process. I consider the Wilderness Act and agreed that the section 802 (25 U.S.C. 1672) the following: introduced legislation to be the begin- vast majority qualify for wilderness ‘‘SEC. 803. POLICIES AND PROTOCOL. ning of a dialogue that will hopefully designation. ‘‘The Director of Service, in coordination lead to refinement and improvement. with the Director of the Office on Violence For more than 20 years, Utah conservationists have been working to add Against Women of the Department of Jus- By Mr. DURBIN (for himself, tice, in consultation with Indian Tribes and the last great blocks of undeveloped Mrs. BOXER, Ms. CANTWELL, Mr. Tribal Organizations, and in conference with BLM-administered land in Utah to the CARDIN, Mr. FEINGOLD, Mr. HAR- Urban Indian Organizations, shall develop National Wilderness Preservation Sys- KIN, Mr. KENNEDY, Mr. KERRY, standardized sexual assault policies and pro- tem. Together, we celebrate the recent Mr. LAUTENBERG, Mr. LEAHY, tocol for the facilities of the Service, based passage of a national public lands bill on similar protocol that has been established Mr. LIEBERMAN, Mr. MENENDEZ, that protects over 180,000 acres of wil- by the Department of Justice.’’. Mr. REED, Mr. SANDERS, Ms. derness in Washington County, UT, for Mr. BARRASSO. Mr. President, I rise STABENOW, and Mr. future generations. The more than 9 to join my colleague, Mr. DORGAN, in WHITEHOUSE): million acres of lands that would be introducing the Tribal Law and Order S. 799. A bill to designate as wilder- protected by this legislation surround Act of 2009. This bill represents a bipar- ness certain Federal portions of the red eleven of Utah’s national park, monu- tisan effort and crucial step in address- rock canyons of the Colorado Plateau ment and recreation areas. These pro- ing a serious public safety crisis in and the Great Basin Deserts in the posed BLM wilderness areas easily many Indian communities throughout State of Utah for the benefit of present equal their neighboring national park- our Nation. and future generations of people in the During the 110th Congress, the Com- United States; to the Committee on lands in scenic beauty, opportunities mittee on Indian Affairs held no less Energy and Natural Resources. for recreation, and ecological impor- than seven hearings on the issue of law Mr. DURBIN. Mr. President, I rise tance. Yet, unlike the parks, most of and order on Indian reservations. The today to introduce America’s Red Rock these scenic treasures lack any form of committee found recurring themes of Wilderness Act of 2009. This legislation long-term protection from commercial insufficient resources for law enforce- continues our commitment to preserve development, damaging off-road vehi- ment agencies, inadequate responses to natural resources in this country. cle use, or oil and gas exploration. criminal activity, and ineffective com- America’s Red Rock Wilderness Act Americans understand the need for munication and coordination. will designate as wilderness some of wise stewardship of these wild land- Criminal elements are well aware of our nation’s most remarkable, but cur- scapes. This legislation represents a re- the conditions of near lawlessness in rently unprotected public lands. Bu- alistic balance between the need to

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.206 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4345 protect our natural heritage and de- (b) TABLE OF CONTENTS.—The table of con- (8) Crater and Silver Island Mountains (ap- mand for energy. While wilderness des- tents of this Act is as follows: proximately 121,000 acres). ignation has been portrayed as a bar- Sec. 1. Short title; table of contents. (9) Cricket Mountains Cluster (approxi- Sec. 2. Definitions. mately 62,000 acres). rier to energy independence, it is im- (10) Deep Creek Mountains (approximately portant to note that within the entire TITLE I—DESIGNATION OF WILDERNESS AREAS 126,000 acres). 9.4 million acres of America’s Red Rock (11) Drum Mountains (approximately 39,000 Sec. 101. Great Basin Wilderness Areas. Wilderness Act the amount of ‘‘tech- acres). Sec. 102. Zion and Mojave Desert Wilderness (12) Dugway Mountains (approximately nically recoverable’’ undiscovered nat- Areas. ural gas and oil resources amounts to Sec. 103. Grand Staircase-Escalante Wilder- 24,000 acres). less than four days of oil and four ness Areas. (13) Essex Canyon (approximately 1,300 weeks of natural gas at current con- Sec. 104. Moab-La Sal Canyons Wilderness acres). Areas. (14) Fish Springs Range (approximately sumption levels. In fact, protecting 64,000 acres). these lands benefits local economies Sec. 105. Henry Mountains Wilderness Areas. Sec. 106. Glen Canyon Wilderness Areas. (15) Granite Peak (approximately 19,000 because of the recreational opportuni- Sec. 107. San Juan-Anasazi Wilderness acres). ties they provide. Areas. (16) Grassy Mountains (approximately Unfortunately, scientists have al- Sec. 108. Canyonlands Basin Wilderness 23,000 acres). ready begun to see the impacts of glob- Areas. (17) Grouse Creek Mountains (approxi- al warming on public lands throughout Sec. 109. San Rafael Swell Wilderness Areas. mately 15,000 acres). (18) House Range (approximately 201,000 the West. Hotter and drier conditions, Sec. 110. Book Cliffs and Uinta Basin Wilder- ness Areas. acres). larger wildfires, shrinking water re- TITLE II—ADMINISTRATIVE PROVISIONS (19) Keg Mountains (approximately 38,000 sources, the spread of invasive species, acres). Sec. 201. General provisions. soil erosion, and dust storms are all ex- (20) Kern Mountains (approximately 15,000 Sec. 202. Administration. pected to increase over the next cen- Sec. 203. State school trust land within wil- acres). (21) King Top (approximately 110,000 acres). tury. These threats make the need to derness areas. protect the remaining undisturbed Sec. 204. Water. (22) Ledger Canyon (approximately 9,000 Sec. 205. Roads. acres). landscapes and wildlife habitats in (23) Little Goose Creek (approximately Utah’s red rock wilderness even more Sec. 206. Livestock. Sec. 207. Fish and wildlife. 1,200 acres). urgent. Sec. 208. Management of newly acquired (24) Middle/Granite Mountains (approxi- America’s Red Rock Wilderness Act land. mately 80,000 acres). is a lasting gift to the American public. Sec. 209. Withdrawal. (25) Mountain Home Range (approximately By protecting this serene yet wild land SEC. 2. DEFINITIONS. 90,000 acres). we are giving future generations the In this Act: (26) Newfoundland Mountains (approximately 22,000 acres). opportunity to enjoy the same (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting (27) Ochre Mountain (approximately 13,000 untrammeled landscape that so many acres). now cherish. through the Bureau of Land Management. (2) STATE.—The term ‘‘State’’ means the (28) Oquirrh Mountains (approximately I would like to thank my colleagues State of Utah. 9,000 acres). who are original cosponsors of this (29) Painted Rock Mountain (approxi- TITLE I—DESIGNATION OF WILDERNESS mately 26,000 acres). measure. Origin cosponsors are Sen- AREAS ators Boxer, Cantwell, Cardin, Fein- (30) Paradise/Steamboat Mountains (ap- SEC. 101. GREAT BASIN WILDERNESS AREAS. gold, Harkin, Kennedy, Kerry, Lauten- proximately 144,000 acres). (a) FINDINGS.—Congress finds that— (31) Pilot Range (approximately 45,000 berg, Leahy, Lieberman, Menendez, (1) the Great Basin region of western Utah acres). Reed, Sanders, Stabenow, and is comprised of starkly beautiful mountain (32) Red Tops (approximately 28,000 acres). Whitehouse. Additionally, I would like ranges that rise as islands from the desert (33) Rockwell-Little Sahara (approxi- to thank the Utah Wilderness Coali- floor; mately 21,000 acres). tion, which includes The Wilderness (2) the Wah Wah Mountains in the Great (34) San Francisco Mountains (approxi- Society, the Sierra Club, the Natural Basin region are arid and austere, with mas- mately 39,000 acres). Resources Defense Council, sive cliff faces and leathery slopes speckled (35) Sand Ridge (approximately 73,000 with pin˜ on and juniper; acres). Earthjustice, and the Wasatch Moun- (3) the Pilot Range and Stansbury Moun- (36) Simpson Mountains (approximately tain Club; the Southern Utah Wilder- tains in the Great Basin region are high 42,000 acres). ness Alliance; and all of the other na- enough to draw moisture from passing clouds (37) Snake Valley (approximately 100,000 tional, regional and local, hard-work- and support ecosystems found nowhere else acres). ing groups who, for years, have cham- on earth; (38) Stansbury Island (approximately 10,000 pioned this legislation. (4) from bristlecone pine, the world’s oldest acres). Theodore Roosevelt once stated: living organism, to newly-flowered mountain (39) Stansbury Mountains (approximately meadows, mountains of the Great Basin re- 24,000 acres). The Nation behaves well if it treats the gion are islands of nature that— (40) Thomas Range (approximately 36,000 natural resources as assets which it must (A) support remarkable biological diver- acres). turn over to the next generation increased sity; and (41) Tule Valley (approximately 159,000 and not impaired in value. (B) provide opportunities to experience the acres). Enactment of this legislation will colossal silence of the Great Basin; and (42) Wah Wah Mountains (approximately help us realize Roosevelt’s vision. To (5) the Great Basin region of western Utah 167,000 acres). protect these precious resources in should be protected and managed to ensure (43) Wasatch/Sevier Plateaus (approxi- Utah for future generations, I urge my the preservation of the natural conditions of mately 29,000 acres). colleagues to support America’s Red the region. (44) White Rock Range (approximately (b) DESIGNATION.—In accordance with the Rock Wilderness Act. 5,200 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the SEC. 102. ZION AND MOJAVE DESERT WILDER- Mr. President, I ask unanimous con- following areas in the State are designated NESS AREAS. sent that the text of the bill be printed as wilderness areas and as components of the (a) FINDINGS.—Congress finds that— in the RECORD. National Wilderness Preservation System: (1) the renowned landscape of Zion Na- There being no objection, the text of (1) Antelope Range (approximately 17,000 tional Park, including soaring cliff walls, the bill was ordered to be printed in acres). forested plateaus, and deep narrow gorges, the RECORD, as follows: (2) Barn Hills (approximately 20,000 acres). extends beyond the boundaries of the Park (3) Black Hills (approximately 9,000 acres). onto surrounding public land managed by S. 799 (4) Bullgrass Knoll (approximately 15,000 the Secretary; Be it enacted by the Senate and House of Rep- acres). (2) from the pink sand dunes of Moquith resentatives of the United States of America in (5) Burbank Hills/Tunnel Spring (approxi- Mountain to the golden pools of Beaver Dam Congress assembled, mately 92,000 acres). Wash, the Zion and Mojave Desert areas en- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (6) Conger Mountains (approximately 21,000 compass 3 major provinces of the Southwest (a) SHORT TITLE.—This Act may be cited as acres). that include— the ‘‘America’s Red Rock Wilderness Act of (7) Crater Bench (approximately 35,000 (A) the sculpted canyon country of the Col- 2009’’. acres). orado Plateau;

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.207 S02APPT1 rfrederick on PROD1PC67 with SENATE S4346 CONGRESSIONAL RECORD — SENATE April 2, 2009 (B) the Mojave Desert; and (H) Nephi Point (approximately 14,000 with winding slickrock canyons that flow (C) portions of the Great Basin; acres). into Glen Canyon; (3) the Zion and Mojave Desert areas dis- (I) Paria-Hackberry (approximately 188,000 (C) Escalante Canyon, 1 of Utah’s most play a rich mosaic of biological, archae- acres). popular natural areas, contains critical habi- ological, and scenic diversity; (J) Paria Wilderness Expansion (approxi- tat for deer, elk, and wild bighorn sheep that (4) 1 of the last remaining populations of mately 3,300 acres). also enhances the scenic integrity of the threatened desert tortoise is found within (K) Pine Hollow (approximately 11,000 area; this region; and acres). (D) each of the areas described in para- (5) the Zion and Mojave Desert areas in (L) Slopes of Bryce (approximately 2,600 graph (2) is located within the Grand Stair- Utah should be protected and managed as acres). case-Escalante National Monument; and wilderness areas. (M) Timber Mountain (approximately (E) Escalante Canyon should be protected (b) DESIGNATION.—In accordance with the 51,000 acres). and managed as a wilderness area. Wilderness Act (16 U.S.C. 1131 et seq.), the (N) Upper Kanab Creek (approximately (2) DESIGNATION.—In accordance with the following areas in the State are designated 49,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the as wilderness areas and as components of the (O) Vermillion Cliffs (approximately 26,000 following areas in the State are designated National Wilderness Preservation System: acres). as wilderness areas and as components of the (1) Beaver Dam Mountains (approximately (P) Willis Creek (approximately 21,000 National Wilderness Preservation System: 30,000 acres). acres). (A) Brinkerhof Flats (approximately 3,000 (2) Beaver Dam Wash (approximately 23,000 (b) KAIPAROWITS PLATEAU.— acres). acres). (1) FINDINGS.—Congress finds that— (B) Colt Mesa (approximately 28,000 acres). (3) Beaver Dam Wilderness Expansion (ap- (A) the Kaiparowits Plateau east of the (C) Death Hollow (approximately 49,000 proximately 8,000 acres). Paria River is 1 of the most rugged and iso- acres). (4) Canaan Mountain (approximately 67,000 lated wilderness regions in the United (D) Forty Mile Gulch (approximately 6,600 acres). States; acres). (5) Cottonwood Canyon (approximately (B) the Kaiparowits Plateau, a windswept (E) Hurricane Wash (approximately 9,000 12,000 acres). land of harsh beauty, contains distant vistas acres). (6) Cougar Canyon/Docs Pass (approxi- and a remarkable variety of plant and ani- (F) Lampstand (approximately 7,900 acres). mately 41,000 acres). mal species; (G) Muley Twist Flank (approximately (7) Joshua Tree (approximately 12,000 (C) ancient forests, an abundance of big 3,600 acres). acres). game animals, and 22 species of raptors (H) North Escalante Canyons (approxi- (8) Mount Escalante (approximately 17,000 thrive undisturbed on the grassland mesa mately 176,000 acres). acres). tops of the Kaiparowits Plateau; (I) Pioneer Mesa (approximately 11,000 (9) Parunuweap Canyon (approximately (D) each of the areas described in para- acres). 43,000 acres). graph (2) (other than Heaps Canyon, Little (J) Scorpion (approximately 53,000 acres). (10) Red Butte (approximately 4,500 acres). Valley, and Wide Hollow) is located within (K) Sooner Bench (approximately 390 (11) Red Mountain (approximately 21,000 the Grand Staircase-Escalante National acres). acres). Monument; and (L) Steep Creek (approximately 35,000 (12) Scarecrow Peak (approximately 16,000 (E) the Kaiparowits Plateau should be pro- acres). tected and managed as a wilderness area. acres). (M) Studhorse Peaks (approximately 24,000 (13) Square Top Mountain (approximately (2) DESIGNATION.—In accordance with the 23,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the acres). (14) Zion Adjacent (approximately 58,000 following areas in the State are designated SEC. 104. MOAB-LA SAL CANYONS WILDERNESS acres). as wilderness areas and as components of the AREAS. SEC. 103. GRAND STAIRCASE-ESCALANTE WIL- National Wilderness Preservation System: (a) FINDINGS.—Congress finds that— DERNESS AREAS. (A) Andalex Not (approximately 18,000 (1) the canyons surrounding the La Sal (a) GRAND STAIRCASE AREA.— acres). Mountains and the town of Moab offer a vari- (1) FINDINGS.—Congress finds that— (B) The Blues (approximately 21,000 acres). ety of extraordinary landscapes; (A) the area known as the Grand Staircase (C) Box Canyon (approximately 2,800 (2) outstanding examples of natural forma- rises more than 6,000 feet in a series of great acres). tions and landscapes in the Moab-La Sal area cliffs and plateaus from the depths of the (D) Burning Hills (approximately 80,000 include the huge sandstone fins of Behind Grand Canyon to the forested rim of Bryce acres). the Rocks, the mysterious Fisher Towers, Canyon; (E) Carcass Canyon (approximately 83,000 and the whitewater rapids of Westwater Can- (B) the Grand Staircase— acres). yon; and (i) spans 6 major life zones, from the lower (F) The Cockscomb (approximately 11,000 (3) the Moab-La Sal area should be pro- Sonoran Desert to the alpine forest; and acres). tected and managed as a wilderness area. (ii) encompasses geologic formations that (G) Fiftymile Bench (approximately 12,000 (b) DESIGNATION.—In accordance with the display 3,000,000,000 years of Earth’s history; acres). Wilderness Act (16 U.S.C. 1131 et seq.), the (C) land managed by the Secretary lines (H) Fiftymile Mountain (approximately following areas in the State are designated the intricate canyon system of the Paria 203,000 acres). as wilderness areas and as components of the River and forms a vital natural corridor con- (I) Heaps Canyon (approximately 4,000 National Wilderness Preservation System: nection to the deserts and forests of those acres). (1) Arches Adjacent (approximately 12,000 national parks; (J) Horse Spring Canyon (approximately acres). (D) land described in paragraph (2) (other 31,000 acres). (2) Beaver Creek (approximately 41,000 than East of Bryce, Upper Kanab Creek, (K) Kodachrome Headlands (approximately acres). Moquith Mountain, Bunting Point, and 10,000 acres). (3) Behind the Rocks and Hunters Canyon Vermillion Cliffs) is located within the (L) Little Valley Canyon (approximately (approximately 22,000 acres). Grand Staircase-Escalante National Monu- 4,000 acres). (4) Big Triangle (approximately 20,000 ment; and (M) Mud Spring Canyon (approximately acres). (E) the Grand Staircase in Utah should be 65,000 acres). (5) Coyote Wash (approximately 28,000 protected and managed as a wilderness area. (N) Nipple Bench (approximately 32,000 acres). (2) DESIGNATION.—In accordance with the acres). (6) Dome Plateau-Professor Valley (ap- Wilderness Act (16 U.S.C. 1131 et seq.), the (O) Paradise Canyon-Wahweap (approxi- proximately 35,000 acres). following areas in the State are designated mately 262,000 acres). (7) Fisher Towers (approximately 18,000 as wilderness areas and as components of the (P) Rock Cove (approximately 16,000 acres). acres). National Wilderness Preservation System: (Q) Warm Creek (approximately 23,000 (8) Goldbar Canyon (approximately 9,000 (A) Bryce View (approximately 4,500 acres). acres). acres). (B) Bunting Point (approximately 11,000 (R) Wide Hollow (approximately 6,800 (9) Granite Creek (approximately 5,000 acres). acres). acres). (C) Canaan Peak Slopes (approximately (c) ESCALANTE CANYONS.— (10) Mary Jane Canyon (approximately 2,300 acres). (1) FINDINGS.—Congress finds that— 25,000 acres). (D) East of Bryce (approximately 750 (A) glens and coves carved in massive sand- (11) Mill Creek (approximately 14,000 acres). stone cliffs, spring-watered hanging gardens, acres). (E) Glass Eye Canyon (approximately 24,000 and the silence of ancient Anasazi ruins are (12) Porcupine Rim and Morning Glory (ap- acres). examples of the unique features that entice proximately 20,000 acres). (F) Ladder Canyon (approximately 14,000 hikers, campers, and sightseers from around (13) Renegade Point (approximately 6,600 acres). the world to Escalante Canyon; acres). (G) Moquith Mountain (approximately (B) Escalante Canyon links the spruce fir (14) Westwater Canyon (approximately 16,000 acres). forests of the 11,000-foot Aquarius Plateau 37,000 acres).

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.208 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4347 (15) Yellow Bird (approximately 4,200 SEC. 107. SAN JUAN-ANASAZI WILDERNESS (3) Dead Horse Cliffs (approximately 5,300 acres). AREAS. acres). SEC. 105. HENRY MOUNTAINS WILDERNESS (a) FINDINGS.—Congress finds that— (4) Demon’s Playground (approximately AREAS. (1) more than 1,000 years ago, the Anasazi 3,700 acres). (a) FINDINGS.—Congress finds that— Indian culture flourished in the slickrock (5) Duma Point (approximately 14,000 (1) the Henry Mountain Range, the last canyons and on the pin˜ on-covered mesas of acres). mountain range to be discovered and named southeastern Utah; (6) Gooseneck (approximately 9,000 acres). by early explorers in the contiguous United (2) evidence of the ancient presence of the (7) Hatch Point Canyons/Lockhart Basin States, still retains a wild and undiscovered Anasazi pervades the Cedar Mesa area of the (approximately 149,000 acres). quality; San Juan-Anasazi area where cliff dwellings, (8) Horsethief Point (approximately 15,000 (2) fluted badlands that surround the rock art, and ceremonial kivas embellish acres). flanks of 11,000-foot Mounts Ellen and Pen- sandstone overhangs and isolated (9) Indian Creek (approximately 28,000 nell contain areas of critical habitat for benchlands; acres). mule deer and for the largest herd of free- (3) the Cedar Mesa area is in need of pro- (10) Labyrinth Canyon (approximately roaming buffalo in the United States; tection from the vandalism and theft of its 150,000 acres). (3) despite their relative accessibility, the unique cultural resources; (11) San Rafael River (approximately Henry Mountain Range remains 1 of the (4) the Cedar Mesa wilderness areas should 101,000 acres). wildest, least-known ranges in the United be created to protect both the archaeological (12) Shay Mountain (approximately 14,000 States; and heritage and the extraordinary wilderness, acres). (4) the Henry Mountain range should be scenic, and ecological values of the United (13) Sweetwater Reef (approximately 69,000 protected and managed to ensure the preser- States; and acres). vation of the range as a wilderness area. (5) the San Juan-Anasazi area should be (14) Upper Horseshoe Canyon (approxi- (b) DESIGNATION.—In accordance with the protected and managed as a wilderness area mately 60,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the to ensure the preservation of the unique and SEC. 109. SAN RAFAEL SWELL WILDERNESS following areas in the State are designated valuable resources of that area. AREAS. (a) FINDINGS.—Congress finds that— as wilderness areas and as components of the (b) DESIGNATION.—In accordance with the National Wilderness Preservation System. Wilderness Act (16 U.S.C. 1131 et seq.), the (1) the San Rafael Swell towers above the desert like a castle, ringed by 1,000-foot ram- (1) Bull Mountain (approximately 16,000 following areas in the State are designated parts of Navajo Sandstone; acres). as wilderness areas and as components of the (2) the highlands of the San Rafael Swell (2) Bullfrog Creek (approximately 35,000 National Wilderness Preservation System: have been fractured by uplift and rendered acres). (1) Allen Canyon (approximately 5,900 hollow by erosion over countless millennia, (3) Dogwater Creek (approximately 3,400 acres). leaving a tremendous basin punctuated by acres). (2) Arch Canyon (approximately 30,000 mesas, buttes, and canyons and traversed by (4) Fremont Gorge (approximately 20,000 acres). sediment-laden desert streams; acres). (3) Comb Ridge (approximately 15,000 (3) among other places, the San Rafael wil- (5) Long Canyon (approximately 16,000 acres). derness offers exceptional back country op- (4) East Montezuma (approximately 45,000 acres). portunities in the colorful Wild Horse Bad- acres). (6) Mount Ellen-Blue Hills (approximately lands, the monoliths of North Caineville (5) Fish and Owl Creek Canyons (approxi- 140,000 acres). Mesa, the rock towers of Cliff Wash, and mately 73,000 acres). (7) Mount Hillers (approximately 21,000 colorful cliffs of Humbug Canyon; (6) Grand Gulch (approximately 159,000 acres). (4) the mountains within these areas are acres). (8) Mount Pennell (approximately 147,000 among Utah’s most valuable habitat for (7) Hammond Canyon (approximately 4,400 acres). desert bighorn sheep; and acres). (9) Notom Bench (approximately 6,200 (5) the San Rafael Swell area should be (8) Nokai Dome (approximately 93,000 acres). protected and managed to ensure its preser- acres). (10) Oak Creek (approximately 1,700 acres). vation as a wilderness area. (9) Road Canyon (approximately 63,000 (11) Ragged Mountain (approximately (b) DESIGNATION.—In accordance with the 28,000 acres). acres). Wilderness Act (16 U.S.C. 1131 et seq.), the SEC. 106. GLEN CANYON WILDERNESS AREAS. (10) San Juan River (Sugarloaf) (approxi- following areas in the State are designated (a) FINDINGS.—Congress finds that— mately 15,000 acres). as wilderness areas and as components of the (1) the side canyons of Glen Canyon, in- (11) The Tabernacle (approximately 7,000 National Wilderness Preservation System: cluding the Dirty Devil River and the Red, acres). (1) Cedar Mountain (approximately 15,000 White and Blue Canyons, contain some of the (12) Valley of the Gods (approximately acres). most remote and outstanding landscapes in 21,000 acres). (2) Devils Canyon (approximately 23,000 southern Utah; SEC. 108. CANYONLANDS BASIN WILDERNESS acres). (2) the Dirty Devil River, once the fortress AREAS. (3) Eagle Canyon (approximately 38,000 hideout of outlaw Butch Cassidy’s Wild (a) FINDINGS.—Congress finds that— acres). Bunch, has sculpted a maze of slickrock can- (1) Canyonlands National Park safeguards (4) Factory Butte (approximately 22,000 yons through an imposing landscape of only a small portion of the extraordinary acres). monoliths and inaccessible mesas; red-hued, cliff-walled canyonland region of (5) Hondu Country (approximately 20,000 (3) the Red and Blue Canyons contain the Colorado Plateau; acres). colorful Chinle/Moenkopi badlands found no- (2) areas near Arches National Park and (6) Jones Bench (approximately 2,800 where else in the region; and Canyonlands National Park contain canyons acres). (4) the canyons of Glen Canyon in the with rushing perennial streams, natural (7) Limestone Cliffs (approximately 25,000 State should be protected and managed as arches, bridges, and towers; acres). wilderness areas. (3) the gorges of the Green and Colorado (8) Lost Spring Wash (approximately 37,000 (b) DESIGNATION.—In accordance with the Rivers lie on adjacent land managed by the acres). Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary; (9) Mexican Mountain (approximately following areas in the State are designated (4) popular overlooks in Canyonlands Na- 100,000 acres). as wilderness areas and as components of the tions Park and Dead Horse Point State Park (10) Molen Reef (approximately 33,000 National Wilderness Preservation System: have views directly into adjacent areas, in- acres). (1) Cane Spring Desert (approximately cluding Lockhart Basin and Indian Creek; (11) Muddy Creek (approximately 240,000 18,000 acres). and acres). (2) Dark Canyon (approximately 134,000 (5) designation of those areas as wilderness (12) Mussentuchit Badlands (approximately acres). would ensure the protection of this erosional 25,000 acres). (3) Dirty Devil (approximately 242,000 masterpiece of nature and of the rich pock- (13) Pleasant Creek Bench (approximately acres). ets of wildlife found within its expanded 1,100 acres). (4) Fiddler Butte (approximately 92,000 boundaries. (14) Price River-Humbug (approximately acres). (b) DESIGNATION.—In accordance with the 120,000 acres). (5) Flat Tops (approximately 30,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the (15) Red Desert (approximately 40,000 (6) Little Rockies (approximately 64,000 following areas in the State are designated acres). acres). as wilderness areas and as components of the (16) Rock Canyon (approximately 18,000 (7) The Needle (approximately 11,000 acres). National Wilderness Preservation System: acres). (8) Red Rock Plateau (approximately (1) Bridger Jack Mesa (approximately (17) San Rafael Knob (approximately 15,000 213,000 acres). 33,000 acres). acres). (9) White Canyon (approximately 98,000 (2) Butler Wash (approximately 27,000 (18) San Rafael Reef (approximately 114,000 acres). acres). acres).

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.208 S02APPT1 rfrederick on PROD1PC67 with SENATE S4348 CONGRESSIONAL RECORD — SENATE April 2, 2009 (19) Sids Mountain (approximately 107,000 TITLE II—ADMINISTRATIVE PROVISIONS rights reserved or appropriated by the acres). SEC. 201. GENERAL PROVISIONS. United States in the State on or before the (20) Upper Muddy Creek (approximately (a) NAMES OF WILDERNESS AREAS.—Each date of enactment of this Act. 19,000 acres). wilderness area named in title I shall— (c) ADMINISTRATION.— (21) Wild Horse Mesa (approximately 92,000 (1) consist of the quantity of land ref- (1) SPECIFICATION OF RIGHTS.—The Federal acres). erenced with respect to that named area, as water rights reserved by this Act are specific SEC. 110. BOOK CLIFFS AND UINTA BASIN WIL- generally depicted on the map entitled to the wilderness areas designated by this DERNESS AREAS. ‘‘Utah BLM Wilderness Proposed by H.R. Act. ølll¿, 111th Congress’’; and (2) NO PRECEDENT ESTABLISHED.—Nothing (a) FINDINGS.—Congress finds that— (2) be known by the name given to it in in this Act related to reserved Federal water (1) the Book Cliffs and Uinta Basin wilder- title I. rights— ness areas offer— (b) MAP AND DESCRIPTION.— (A) shall establish a precedent with regard (A) unique big game hunting opportunities (1) IN GENERAL.—As soon as practicable to any future designation of water rights; or in verdant high-plateau forests; after the date of enactment of this Act, the (B) shall affect the interpretation of any (B) the opportunity for float trips of sev- Secretary shall file a map and a legal de- other Act or any designation made under eral days duration down the Green River in scription of each wilderness area designated any other Act. Desolation Canyon; and by this Act with— (C) the opportunity for calm water canoe (A) the Committee on Natural Resources of SEC. 205. ROADS. weekends on the White River; the House of Representatives; and (2) the long rampart of the Book Cliffs (a) SETBACKS.— (B) the Committee on Energy and Natural (1) MEASUREMENT IN GENERAL.—A setback bounds the area on the south, while seldom- Resources of the Senate. visited uplands, dissected by the rivers and under this section shall be measured from (2) FORCE OF LAW.—A map and legal de- the center line of the road. streams, slope away to the north into the scription filed under paragraph (1) shall have Uinta Basin; (2) WILDERNESS ON 1 SIDE OF ROADS.—Ex- the same force and effect as if included in cept as provided in subsection (b), a setback (3) bears, Bighorn sheep, cougars, elk, and this Act, except that the Secretary may cor- mule deer flourish in the back country of the for a road with wilderness on only 1 side rect clerical and typographical errors in the shall be set at— Book Cliffs; and map and legal description. (4) the Book Cliffs and Uinta Basin areas (A) 300 feet from a paved Federal or State (3) PUBLIC AVAILABILITY.—Each map and highway; should be protected and managed to ensure legal description filed under paragraph (1) the protection of the areas as wilderness. (B) 100 feet from any other paved road or shall be filed and made available for public high standard dirt or gravel road; and (b) DESIGNATION.—In accordance with the inspection in the Office of the Director of the (C) 30 feet from any other road. Wilderness Act (16 U.S.C. 1131 et seq.), the Bureau of Land Management. (3) WILDERNESS ON BOTH SIDES OF ROADS.— following areas in the State are designated SEC. 202. ADMINISTRATION. Except as provided in subsection (b), a set- as wilderness areas and as components of the Subject to valid rights in existence on the back for a road with wilderness on both sides National Wilderness Preservation System. date of enactment of this Act, each wilder- (including cherry-stems or roads separating 2 (1) Bourdette Draw (approximately 15,000 ness area designated under this Act shall be wilderness units) shall be set at— acres). administered by the Secretary in accordance (A) 200 feet from a paved Federal or State (2) Bull Canyon (approximately 2,800 with— highway; acres). (1) the Federal Land Policy and Manage- (B) 40 feet from any other paved road or (3) Chipeta (approximately 95,000 acres). ment Act of 1976 (43 U.S.C. 1701 et seq.); and high standard dirt or gravel road; and (4) Dead Horse Pass (approximately 8,000 (2) the Wilderness Act (16 U.S.C. 1131 et (C) 10 feet from any other roads. acres). seq.). (b) SETBACK EXCEPTIONS.— (5) Desbrough Canyon (approximately SEC. 203. STATE SCHOOL TRUST LAND WITHIN (1) WELL-DEFINED TOPOGRAPHICAL BAR- 13,000 acres). WILDERNESS AREAS. RIERS.—If, between the road and the bound- (6) Desolation Canyon (approximately (a) IN GENERAL.—Subject to subsection (b), 557,000 acres). if State-owned land is included in an area ary of a setback area described in paragraph (7) Diamond Breaks (approximately 9,000 designated by this Act as a wilderness area, (2) or (3) of subsection (a), there is a well-de- acres). the Secretary shall offer to exchange land fined cliff edge, streambank, or other topo- (8) Diamond Canyon (approximately 166,000 owned by the United States in the State of graphical barrier, the Secretary shall use the acres). approximately equal value in accordance barrier as the wilderness boundary. (9) Diamond Mountain (also known as with section 603(c) of the Federal Land Pol- (2) FENCES.—If, between the road and the ‘‘Wild Mountain’’) (approximately 27,000 icy and Management Act of 1976 (43 U.S.C. boundary of a setback area specified in para- acres). 1782(c)) and section 5(a) of the Wilderness Act graph (2) or (3) of subsection (a), there is a (10) Dinosaur Adjacent (approximately (16 U.S.C. 1134(a)). fence running parallel to a road, the Sec- 10,000 acres). (b) MINERAL INTERESTS.—The Secretary retary shall use the fence as the wilderness (11) Goslin Mountain (approximately 4,900 shall not transfer any mineral interests boundary if, in the opinion of the Secretary, acres). under subsection (a) unless the State trans- doing so would result in a more manageable (12) Hideout Canyon (approximately 12,000 fers to the Secretary any mineral interests boundary. acres). in land designated by this Act as a wilder- (3) DEVIATIONS FROM SETBACK AREAS.— (13) Lower Bitter Creek (approximately ness area. (A) EXCLUSION OF DISTURBANCES FROM WIL- DERNESS BOUNDARIES.—In cases where there 14,000 acres). SEC. 204. WATER. is an existing livestock development, dis- (14) Lower Flaming Gorge (approximately (a) RESERVATION.— persed camping area, borrow pit, or similar 21,000 acres). (1) WATER FOR WILDERNESS AREAS.— disturbance within 100 feet of a road that (15) Mexico Point (approximately 15,000 (A) IN GENERAL.—With respect to each wil- forms part of a wilderness boundary, the Sec- acres). derness area designated by this Act, Con- retary may delineate the boundary so as to (16) Moonshine Draw (also known as ‘‘Dan- gress reserves a quantity of water deter- exclude the disturbance from the wilderness iels Canyon’’) (approximately 10,000 acres). mined by the Secretary to be sufficient for area. (17) Mountain Home (approximately 9,000 the wilderness area. (B) LIMITATION ON EXCLUSION OF DISTURB- acres). (B) PRIORITY DATE.—The priority date of a ANCES.—The Secretary shall make a bound- (18) O-Wi-Yu-Kuts (approximately 13,000 right reserved under subparagraph (A) shall ary adjustment under subparagraph (A) only acres). be the date of enactment of this Act. if the Secretary determines that doing so is (19) Red Creek Badlands (approximately (2) PROTECTION OF RIGHTS.—The Secretary consistent with wilderness management 3,600 acres). and other officers and employees of the goals. (20) Seep Canyon (approximately 21,000 United States shall take any steps necessary (C) DEVIATIONS RESTRICTED TO MINIMUM acres). to protect the rights reserved by paragraph NECESSARY.—Any deviation under this para- (21) Sunday School Canyon (approximately (1)(A), including the filing of a claim for the graph from the setbacks required under in 18,000 acres). quantification of the rights in any present or paragraph (2) or (3) of subsection (a) shall be (22) Survey Point (approximately 8,000 future appropriate stream adjudication in the minimum necessary to exclude the dis- acres). the courts of the State— turbance. (23) Turtle Canyon (approximately 39,000 (A) in which the United States is or may be acres). joined; and (c) DELINEATION WITHIN SETBACK AREA.— (24) White River (approximately 24,500 (B) that is conducted in accordance with The Secretary may delineate a wilderness acres). section 208 of the Department of Justice Ap- boundary at a location within a setback (25) Winter Ridge (approximately 38,000 propriation Act, 1953 (66 Stat. 560, chapter under paragraph (2) or (3) of subsection (a) if, acres). 651). as determined by the Secretary, the delinea- (26) Wolf Point (approximately 15,000 (b) PRIOR RIGHTS NOT AFFECTED.—Nothing tion would enhance wilderness management acres). in this Act relinquishes or reduces any water goals.

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.208 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4349 SEC. 206. LIVESTOCK. Unfortunately, the Senate has not al- stewardship of natural resources. Leg- Within the wilderness areas designated ways had the benefit of considering islation to protect existing wilderness under title I, the grazing of livestock author- wilderness designations for all of the ensures that future generations may ized on the date of enactment of this Act shall be permitted to continue subject to deserving lands in Southern Utah. Last have an experience on public lands such reasonable regulations and procedures Congress, a provision was air-dropped equal to that which is available today. as the Secretary considers necessary, as long into a bill considered by the Senate— The action of Congress to preserve wild as the regulations and procedures are con- without having been considered by the lands by extending the protections of sistent with— House or the Senate Energy and Nat- the Wilderness Act of 1964 will publicly (1) the Wilderness Act (16 U.S.C. 1131 et ural Resources Committee—that des- codify that expectation and promise. seq.); and ignated less than 45 percent of the wil- Finally, this legislation has earned (2) section 101(f) of the Arizona Desert Wil- derness quality lands included in the my support, and deserves the support derness Act of 1990 (Public Law 101–628; 104 Stat. 4469). America’s Red Rock Wilderness Act for of others in this body, because all of SEC. 207. FISH AND WILDLIFE. Washington County, Utah. Further- the acres that will be protected under Nothing in this Act affects the jurisdiction more, the public lands package omitted this bill are already public lands held of the State with respect to wildlife and fish a wilderness unit, Dry Creek, that Sen- in trust by the Federal Government for on the public land located in the State. ator BENNETT has previously agreed to the people of the U.S. Thus, while they SEC. 208. MANAGEMENT OF NEWLY ACQUIRED protect in his Washington County are physically located in Utah, their LAND. Growth and Conservation Act of 2008, preservation is important to the citi- Any land within the boundaries of a wil- S. 2834. During the 104th Congress, I zens of Wisconsin as it is for other derness area designated under this Act that is acquired by the Federal Government joined with the former Senator from Americans. I am eager to work with shall— New Jersey, Mr. Bradley, in opposing my colleague from Illinois, Mr. DURBIN, (1) become part of the wilderness area in omnibus parks legislation that con- to protect these lands. I commend him which the land is located; and tained provisions, which were eventu- for introducing this measure. (2) be managed in accordance with this Act ally removed, that many in my home and other laws applicable to wilderness State of Wisconsin believed not only By Ms. SNOWE (for herself and areas. designated as wilderness too little of Mr. CASEY): S. 800. A bill to require the President SEC. 209. WITHDRAWAL. the Bureau of Land Management’s Subject to valid rights existing on the date to update and modify the website re- holding in Utah deserving of such proof enactment of this Act, the Federal land covery.gov; to the Committee on tection, but also substantively changed referred to in title I is withdrawn from all Homeland Security and Governmental the protections afforded designated forms of— Affairs. (1) entry, appropriation, or disposal under lands under the Wilderness Act of 1964. Ms. SNOWE. Mr. President, I rise to public law; The lands of Southern Utah are very introduce legislation to enhance the (2) location, entry, and patent under min- special to the people of Wisconsin. In ing law; and availability of information to the pub- writing to me over the last few years, lic concerning the programs funded (3) disposition under all laws pertaining to my constituents have described these mineral and geothermal leasing or mineral pursuant to the American Recovery materials. lands as places of solitude, special fam- and Reinvestment Act of 2009 enacted ily moments, and incredible beauty. In Mr. FEINGOLD. Mr. President, I am in February. I am pleased to be joined December 1997, Ron Raunikar of the very pleased to again join with the by Senator Casey in introducing this Capital Times, a paper in Madison, WI, Senior Senator from Illinois, Mr. DUR- bill. wrote: ‘‘Other remaining wilderness in BIN, as an original cosponsor of legisla- In a recent meeting that I had with the U.S. is at first daunting, but then tion to designate areas of pristine Fed- constituents from the Maine Municipal endearing and always a treasure for all eral lands in Utah as wilderness. Association, several questions arose re- I support this legislation, for a few Americans. The sensually sculpted garding application deadlines and when reasons, but most of all because I have slickrock of the Colorado Plateau and funding will be distributed under the personally seen what is at stake, and I windswept crag lines of the Great act. Additionally, because there is no know the marvelous resources that Basin include some of the last of our centralized location listing the oppor- Wisconsinites and all Americans own country’s wilderness, which is not fully tunities available, some Mayors and in the Bureau of Land Management, protected. We must ask our elected of- First Selectmen had little idea of all BLM, lands of Southern Utah. ficials to redress this circumstance, by the programs for which they may be el- I had an opportunity to travel twice enacting legislation which would pro- igible. Indeed, the officials spoke of to Utah and view firsthand some of the tect those national lands within the finding out about various programs ei- lands that would be designated for wil- boundaries of Utah. This wilderness is ther through meetings or colleagues, derness under Senator DURBIN’s bill. I a treasure we can lose only once or a and they noted that a regularly up- was able to view most of the proposed legacy we can be forever proud to be- dated online database of catalogued wilderness areas from the air, and was stow to our children.’’ programs would be extremely useful. able to enhance my understanding I believe that the measure being in- This modest bill would require that through hikes outside of the Zion Na- troduced today will accomplish that the administration’s recovery.gov tional Park on the Dry Creek Bench goal. The measure protects wild lands website be expanded so that States and wilderness unit contained in this pro- that really are not done justice by any localities can easily ascertain stimulus posal and inside the Grand Staircase- description. In my trip I found widely funds for which they may be eligible. Escalante National Monument to varied and distinct terrain, remarkable Cities and towns could benefit greatly Upper Calf Creek Falls. I also viewed American resources of red rock cliff if they could use Recovery.gov to the lands proposed for designation in walls, desert, canyons and gorges quickly learn about funding for which this bill from a river trip down the Col- which encompass the canyon country they may be eligible, application dead- orado River, and in the San Rafael of the Colorado Plateau, the Mojave lines, and who to contact for more in- Swell with members of the Emery Desert and portions of the Great Basin. formation. An enhanced website or County government. The lands also include mountain ‘‘clearinghouse’’ would facilitate the Second, I support this legislation be- ranges in western Utah, and stark timely distribution of economic stim- cause I believe it sets the appropriate areas like the Grand Staircase- ulus funds and ensure that they will be benchmark for the lands that should be Escalante National Monument. These used as quickly and efficiently as pos- protected in Southern Utah. I believe regions appeal to all types of American sible to help restore economic growth that when the Senate considers wilder- outdoor interests from hiking and throughout the country. ness legislation it ought to know, as a sightseeing to hunting. I urge prompt consideration of this benchmark, the full measure of those Wisconsinites are watching this test bill. lands which are deserving of wilderness case closely. I believe that Wisconsin- protection. This bill encompasses all ites view the outcome of this fight to By Mr. AKAKA (for himself, Mr. the BLM lands of wilderness quality in save Utah’s lands as a sign of where the BURR, Mr. TESTER, Mr. BURRIS, Utah. nation is headed with respect to its and Mr. ROCKEFELLER):

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.208 S02APPT1 rfrederick on PROD1PC67 with SENATE S4350 CONGRESSIONAL RECORD — SENATE April 2, 2009 S. 801. A bill to amend title 38, This bill includes provisions for 1717A(e)(1) of this title for the provision of United States Code, to waive charges training and certifying family care- personal care services to the veteran. for humanitarian care provided by the givers or personal care attendants. It ‘‘(C) Any other individual whom the Sec- would provide for mental health coun- retary determines— Department of Veterans Affairs to fam- ‘‘(i) has a relationship with the veteran ily members accompanying veterans seling, health care eligibility, a living sufficient to demonstrate a close affinity severely injured after September 11, stipend, and other critical services to with the veteran; and 2001, as they receive medical care from support these caregivers. Additionally, ‘‘(ii) provides a significant portion of the the Department and to provide assist- this bill would make improvements to veteran’s care. ance to family caregivers, and for other the services VA provides to family ‘‘(2) The term ‘covered veteran’ means any purposes; to the Committee on Vet- members who must travel to take the veteran with a severe injury incurred or ag- erans’ Affairs. veteran to a VA facility to receive gravated in the line of duty in the active treatment. military, naval, or air service on or after Mr. AKAKA. Mr. President, today I September 11, 2001. am introducing legislation to create a I look forward to working with all of ‘‘(3) The term ‘family member’ with re- program within the Department of Vet- our colleagues to pass this much need- spect to a veteran, includes the following: erans Affairs for family caregivers. I ed legislation. I especially thank Sen- ‘‘(A) The spouse of the veteran. am pleased to be joined by my col- ators BURR and ROCKEFELLER for co- ‘‘(B) The child of the veteran. leagues Senator BURR, the Ranking sponsoring this bill. I would also like ‘‘(C) A parent of the veteran. Member of the Veterans’ Affairs Com- to thank the dedicated members of the ‘‘(D) A sibling of the veteran. ‘‘(E) A cousin of the veteran. mittee, Senator TESTER, Senator Wounded Warrior Project and Para- lyzed Veterans of America for their ‘‘(F) An aunt of the veteran. BURNS, and Senator ROCKEFELLER, ‘‘(G) An uncle of the veteran. former Chairman of the Committee. tireless efforts in support of this legis- ‘‘(H) A grandparent of the veteran. Some veterans returning from the relation. ‘‘(I) A grandchild of the veteran. cent wars in Iraq and Afghanistan, as Mr. President, I ask unanimous con- ‘‘(J) A stepparent of the veteran. well as previous conflicts, suffer from sent that the text of the bill be printed ‘‘(K) A stepchild of the veteran. disabilities that prevent them from in the RECORD. ‘‘(L) A stepsibling of the veteran. being fully independent. This is a sad There being no objection, the text of ‘‘(M) A parent-in-law of the veteran. the bill was ordered to be printed in ‘‘(N) A sister-in-law of the veteran. fact of war. The legislation I am intro- ‘‘(O) A brother-in-law of the veteran. ducing today is designed to provide for the RECORD, as follows: S. 801 ‘‘(P) A cousin of the spouse of the veteran. several improvements in health care ‘‘(Q) An aunt of the spouse of the veteran. for veterans by supporting the family Be it enacted by the Senate and House of Rep- ‘‘(R) An uncle of the spouse of the veteran. members who care for them. resentatives of the United States of America in ‘‘(S) A grandparent of the spouse of the The challenges faced by family care- Congress assembled, veteran. SECTION 1. SHORT TITLE. ‘‘(T) A grandchild of the spouse of the vet- givers are well known to us. We have This Act may be cited as the ‘‘Family been working on this issue for nearly eran. Caregiver Program Act of 2009’’. ‘‘(U) A stepparent of the spouse of the vet- two years. Provisions that then-Sen- SEC. 2. WAIVER OF CHARGES FOR HUMANI- eran. ator Clinton included in a health care TARIAN CARE PROVIDED TO FAMILY ‘‘(V) A stepsibling of the spouse of the vet- omnibus bill reported by the Com- MEMBERS ACCOMPANYING CERTAIN eran. SEVERELY INJURED VETERANS AS mittee last Congress would have pro- THEY RECEIVE MEDICAL CARE. ‘‘(W) Such other individuals as the Sec- vided for pilot programs to serve care- The text of section 1784 of title 38, United retary shall specify in regulations for pur- givers. We have since learned much States Code, is amended to read as follows: poses of this section. more about the role family members ‘‘(a) IN GENERAL.—The Secretary may fur- ‘‘(4) The term ‘severe injury’ means, in the play in caring for injured veterans, and nish hospital care or medical services as a case of a covered veteran, any injury as follows: the needs of family caregivers. I think humanitarian service in emergency cases. ‘‘(b) REIMBURSEMENT.—Except as provided ‘‘(A) A physiological condition of the vet- we are now beyond the scope of that in subsection (c), the Secretary shall charge eran if the condition is a permanent or tem- original pilot program and I believe for care and services provided under sub- porary severely disabling disorder that com- that a full-fledged permanent program section (a) at rates prescribed by the Sec- promises the ability of the veteran to carry is needed in VA. retary. out one or more independent activities of First, it is well known that the in- ‘‘(c) WAIVER OF CHARGES.—(1) Except as daily living. volvement of family members in the provided in paragraph (2), the Secretary ‘‘(B) A psychological condition of the vet- shall waive the charges required by sub- eran if the condition is rated at 30 or less on provision of health care dramatically the Global Assessment of Functioning (GAF) improves speed and success of recovery. section (b) for care or services provided under subsection (a) to an attendant of a scale, as set forth in the Diagnostic and Sta- This bill will give family members the covered veteran if such care or services are tistical Manual of Mental Disorders, Fourth resources needed to be involved in the provided to such attendant for an emergency Edition Text Revision (DSM-IV-TR), or the care for their loved one. Second, many that occurs while such attendant is accom- most recent edition if different than the disabled veterans are not able to com- panying such veteran while such veteran is Fourth Edition Text Revision, of the Amer- plete some tasks of daily living on receiving approved inpatient or outpatient ican Psychiatric Association. their own, but do not require care in an treatment at— ‘‘(C) An injury for which the veteran needs ‘‘(A) a Department facility; or supervision or protection based on symptoms institution. Allowing a veteran to re- or residuals of neurological or other impair- main in the home, while having family ‘‘(B) a non-Department facility— ‘‘(i) that is under contract with the De- ment. members meet the veteran’s needs, will partment; or ‘‘(D) Any other injury of the veteran that vastly improve quality of life for the ‘‘(ii) at which the veteran is receiving fee- is determined to be a severe injury in accord- veteran. basis care. ance with regulations prescribed by the Sec- Caregivers, who are members of a ‘‘(2) If an attendant is entitled to care or retary for purposes of this section.’’. veteran’s family, often put their lives services under a health-plan contract (as SEC. 3. FAMILY CAREGIVER ASSISTANCE. on hold in order to provide care for the that term is defined in section 1725(f) of this (a) REQUIREMENT.— title) or other contractual or legal recourse (1) IN GENERAL.—Subchapter II of chapter injured or disabled veteran at home. In 17 of title 38, United States Code, is amended some instances, these caregivers are against a third party that would, in part, ex- tinguish liability by charges described by by inserting after section 1717 the following unable to maintain regular jobs be- subsection (b), the amount of such charges new section: cause of the time consumed in pro- waived under paragraph (1) shall be the ‘‘§ 1717A. Family caregiver assistance viding sufficient care to the veteran. amount by which such charges exceed the ‘‘(a) IN GENERAL.—(1) As part of home This has the compound effect of de- amount of such charges covered by the health services provided under section 1717 of creasing household income, and pos- health-plan contract or other contractual or this title, the Secretary shall, upon the joint sibly preventing the caregiver from legal recourse against the third party. application of an eligible veteran and a fam- keeping health insurance. This legisla- ‘‘(d) DEFINITIONS.—In this section: ily member of such veteran (or other indi- ‘‘(1) The term ‘attendant’ includes, with re- vidual designated by such veteran), furnish tion would help alleviate these prob- spect to a veteran, the following: to such family member (or designee) family lems so as to allow the caregiver to ‘‘(A) A family member of the veteran. caregiver assistance in accordance with this focus entirely on caring for the vet- ‘‘(B) An individual eligible to receive ongo- section. The purpose of providing family eran. ing family caregiver assistance under section caregiver assistance under this section is—

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‘‘(A) to reduce the number of veterans who ‘‘(d) TRAINING AND CERTIFICATION.—(1) Ex- ‘‘(3) An eligible veteran receiving personal are receiving institutional care, or who are cept as provided in subsection (a)(2), the Sec- care services from a family member (or other in need of institutional care, whose personal retary shall provide each family member of individual designated by the veteran) des- care service needs could be substantially sat- an eligible veteran (or other individual designated as the primary personal care attend- isfied with the provision of such services by ignated by the veteran) who makes a joint ant for the veteran under paragraph (1) may a family member (or designee); and application under subsection (a)(1) the basic revoke consent with respect to such family ‘‘(B) to provide eligible veterans with addi- instruction, preparation, and training deter- member (or designee) under paragraph (2)(D) tional options so that they can choose the mined to be required by such family member at any time. setting for the receipt of personal care serv- (or designee) under subsection (c)(2)(A). ‘‘(4) If an individual designated as the pri- ices that best suits their needs. ‘‘(2) The Secretary may provide to a family mary personal care attendant of an eligible ‘‘(2) The Secretary shall only furnish fam- member of an eligible veteran (or other indi- veteran under paragraph (1) subsequently ily caregiver assistance under this section to vidual designated by the veteran) the addi- fails to meet the requirements set forth in a family member of an eligible veteran (or tional instruction, preparation, and training paragraph (2), the Secretary— other individual designated by such veteran) determined to be required by such family ‘‘(A) shall immediately revoke the individ- if the Secretary determines it is in the best member (or designee) under subsection ual’s designation under paragraph (1); and interest of the eligible veteran to do so. (c)(2)(B) if such family member (or des- ‘‘(B) may designate, in consultation with ‘‘(b) ELIGIBLE VETERANS.—(1) For purposes ignee)— the eligible veteran or the eligible veteran’s of this section, an eligible veteran is a vet- ‘‘(A) is certified as a personal care attend- surrogate appointed under subsection (g), a eran (or member of the Armed Forces under- ant for the veteran under paragraph (3); and new primary personal care attendant for the going medical discharge from the Armed ‘‘(B) requests, with concurrence of the vet- veteran under such paragraph. Forces)— eran, such additional instruction, prepara- ‘‘(5) The Secretary shall take such actions ‘‘(A) who has a serious injury (including tion, and training. as may be necessary to ensure that the rev- traumatic brain injury, psychological trau- ‘‘(3) Upon the successful completion by a ocation of a designation under paragraph (1) ma, or other mental disorder) incurred or ag- family member of an eligible veteran (or does not interfere with the provision of per- gravated in line of duty in the active mili- other individual designated by the veteran) sonal care services required by a veteran. ‘‘(f) ONGOING FAMILY CAREGIVER ASSIST- tary, naval, or air service on or after the of basic instruction, preparation, and train- ANCE.—(1) Except as provided in subsection date described in paragraph (2); and ing provided under paragraph (1), the Sec- (a)(2) and subject to the provisions of this ‘‘(B) whom the Secretary determines, in retary shall certify the family member as a subsection, the Secretary shall provide ongo- consultation with the Secretary of Defense personal care attendant for the veteran. ing family caregiver assistance to family ‘‘(4) If the Secretary determines that a pri- as necessary, is in need of personal care serv- members of eligible veterans (or other indi- mary personal care attendant designated ices because of— viduals designated by such veterans) as fol- ‘‘(i) an inability to perform one or more under subsection (e) requires additional lows: independent activities of daily living; training to maintain such designation, the ‘‘(A) To each family member of an eligible ‘‘(ii) a need for supervision or protection Secretary shall make such training available veteran (or designee) who is certified under based on symptoms or residuals of neuro- to the primary personal care attendant. subsection (d)(3) as a personal care attendant ‘‘(5) The Secretary shall, subject to regula- logical or other impairment or injury; or for the veteran the following: tions the Secretary shall prescribe, provide ‘‘(iii) such other matters as the Secretary ‘‘(i) Direct technical support consisting of for necessary travel, lodging, and per diem shall establish in consultation with the Sec- information and assistance to timely address expenses incurred by a family member of an retary of Defense as appropriate. routine, emergency, and specialized ‘‘(2) The date described in this paragraph— eligible veteran (or other individual des- caregiving needs. ‘‘(A) during the period beginning on the ignated by the veteran) in undergoing train- ‘‘(ii) Counseling. date of the enactment of the Family Care- ing under this subsection. ‘‘(iii) Access to an interactive Internet giver Program Act of 2009 and ending two ‘‘(6) If the participation of a family mem- website on caregiver services that addresses years after the date of the enactment of that ber of an eligible veteran (or other individual all aspects of the provision of personal care Act, is September 11, 2001; and designated by the veteran) in training under services under this section. ‘‘(B) beginning on the first day after the this subsection would interfere with the pro- ‘‘(B) To each family member of an eligible date that is two years after the date of the vision of personal care services to the vet- veteran (or designee) who is designated as enactment of the Family Caregiver Program eran, the Secretary shall, subject to regula- the primary personal care attendant for the Act of 2009, is the earliest date the Secretary tions as the Secretary shall prescribe and in veteran under subsection (e) the following: determines is appropriate to include the consultation with the eligible veteran, pro- ‘‘(i) The ongoing family caregiver assist- largest number of veterans possible under vide respite care to the eligible veteran dur- ance described in subparagraph (A). this section without reducing the quality of ing the provision of such training to the fam- ‘‘(ii) Mental health services. care provided to such veterans. ily member so that such family caregiver (or ‘‘(iii) Respite care of not less than 30 days ‘‘(c) EVALUATION OF ELIGIBLE VETERANS designee) can participate in such training annually, including 24-hour per day care of AND FAMILY CAREGIVERS.—(1) The Secretary without interfering with the provision of shall evaluate each eligible veteran who such services. the veteran commensurate with the care pro- makes a joint application under subsection ‘‘(e) DESIGNATION OF PRIMARY PERSONAL vided by the family caregiver to permit ex- (a)(1)— CARE ATTENDANT.—(1) For each eligible vet- tended respite. ‘‘(A) to identify the personal care services eran with at least one family member (or ‘‘(iv) Medical care under section 1781 of required by such veteran; and other individual designated by the veteran) this title. ‘‘(B) to determine whether such require- who is described by subparagraphs (A) ‘‘(v) A monthly personal caregiver stipend. ‘‘(2)(A) The Secretary shall provide respite ments could be significantly or substantially through (E) of paragraph (2), the Secretary care under paragraph (1)(B)(iii), at the elec- satisfied with the provision of personal care shall designate one family member of such tion of the Secretary— services from a family member (or other in- veteran (or other individual designated by ‘‘(i) through facilities of the Department dividual designated by the veteran). the veteran) as the primary personal care at- ‘‘(2) The Secretary shall evaluate each tendant for such veteran to be the primary that are appropriate for the veteran; or family member of an eligible veteran (or provider of personal care services for such ‘‘(ii) through contracts under section other individual designated by the veteran) veteran. 1720B(c) of this title. ‘‘(B) If the primary personal care attend- who makes a joint application under sub- ‘‘(2) A primary personal care attendant ant of an eligible veteran designated under designated for an eligible veteran under section (a)(1) to determine— subsection (e)(1) determines in consultation paragraph (1) shall be selected from among ‘‘(A) the basic amount of instruction, prep- with the veteran or the veteran’s surrogate family members of such veteran (or other in- aration, and training such family member appointed under subsection (g), and the Sec- dividuals designated by such veteran) who— (or designee) requires, if any, to provide the retary concurs, that the needs of the veteran personal care services required by such vet- ‘‘(A) are certified under subsection (d)(3) as cannot be accommodated through the facili- eran; and a personal care attendant for such veteran; ties and contracts described in subparagraph ‘‘(B) the amount of additional instruction, ‘‘(B) complete all additional instruction, (A), the Secretary shall, in consultation with preparation, and training such family mem- preparation, and training, if any, provided the primary personal care attendant and the ber (or designee) requires, if any, to be the under subsection (d)(2); veteran (or the veteran’s surrogate), provide primary personal care attendant designated ‘‘(C) elect to provide the personal care respite care through other facilities or ar- for such veteran under subsection (e). services to such veteran that the Secretary rangements that are medically and age ap- ‘‘(3) An evaluation carried out under para- determines such veteran requires under sub- propriate. graph (1) may be carried out— section (c)(1); ‘‘(3)(A) The Secretary shall provide month- ‘‘(A) at a Department facility; ‘‘(D) has the consent of such veteran to be ly personal caregiver stipends under para- ‘‘(B) at a non-Department facility deter- the primary provider of such services for graph (1)(B)(v) in accordance with a schedule mined appropriate by the Secretary for pur- such veteran; and established by the Secretary that specifies poses of such evaluation; and ‘‘(E) the Secretary considers competent to stipends provided based upon the amount ‘‘(C) such other locations as the Secretary be the primary provider of such services for and degree of personal care services pro- considers appropriate. such veteran. vided.

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.211 S02APPT1 rfrederick on PROD1PC67 with SENATE S4352 CONGRESSIONAL RECORD — SENATE April 2, 2009 ‘‘(B) The Secretary shall ensure, to the ex- retary may take such actions as the Sec- (A) by redesignating paragraphs (2) and (3) tent practicable, that the schedule required retary considers appropriate to ensure that as paragraphs (3) and (4), respectively; and by subparagraph (A) specifies that the the eligible veteran receives the care the eli- (B) by inserting after paragraph (1) the fol- amount of the personal caregiver stipend gible veteran requires, including the following new paragraph (2): provided to a primary personal care attend- lowing: ‘‘(2) a family member of a veteran (or other ant designated under subsection (e)(1) for the ‘‘(A) Revocation of a caregiver’s certifi- individual designated by the veteran) des- provision of personal care services to an eli- cation under subsection (d)(3). ignated as the primary personal care attend- gible veteran is not less than the amount the ‘‘(B) Revocation of the designation of an ant for such veteran under section 1717A(e) Secretary would pay a commercial home individual under subsection (e)(1). of this title,’’. health care entity in the geographic area of ‘‘(6) If the Secretary terminates the provi- (4) CONSTRUCTION.—The furnishing of fam- the veteran to provide equivalent personal sion of ongoing family caregiver assistance ily caregiver assistance under section 1717A care services to the veteran. under subsection (f) to a family member of of title 38, United States Code, as added by ‘‘(C) If personal care services are not avail- an eligible veteran (or other individual des- paragraph (1), shall be construed to supple- able from a commercial provider in the geo- ignated by the veteran) because of findings ment and not supplant the programs of the graphic area of an eligible veteran, the Sec- of an entity submitted to the Secretary Department of Veterans Affairs in existence retary may establish the schedule required under paragraph (4) of this subsection, the on the date of the enactment of this Act. Secretary may not provide compensation to by subparagraph (A) with respect to the vet- (5) EFFECTIVE DATE.—The amendments eran by considering the costs of commercial such entity for the provision of personal care made by this subsection shall take effect on providers of personal care services in geo- services to such veteran, unless the Sec- the date that is 270 days after the date of the retary determines it would be in the best in- graphic areas other than the geographic area enactment of this Act. of the veteran with similar costs of living. terest of the eligible veteran to provide compensation to such entity to provide such (b) IMPLEMENTATION PLAN AND REPORT.— ‘‘(4) Provision of ongoing family caregiver (1) IN GENERAL.—Not later than 180 days assistance under this subsection for provi- services. ‘‘(i) OUTREACH.—The Secretary shall carry after the date of the enactment of this Act, sion of personal care services to an eligible out a program of outreach to inform eligible the Secretary of Veterans Affairs shall— veteran shall terminate if the eligible vet- veterans and their family members of the (A) develop a plan for the implementation eran no longer requires the personal care availability and nature of family caregiver of section 1717A of title 38, United States services. assistance. Code, as added by subsection (a)(1); and ‘‘(g) SURROGATES.—If an eligible veteran ‘‘(j) CONSTRUCTION.—A decision by the Sec- (B) submit to the Committee on Veterans’ lacks the capacity to submit an application, retary under this section affecting the fur- Affairs of the Senate and the Committee on provide consent, make a request, or concur nishing of family caregiver assistance shall Veterans’ Affairs of the House of Representa- with a request under this section, the Sec- be considered a medical determination. tives a report on such plan. retary may, in accordance with regulations ‘‘(k) DEFINITIONS.—In this section: (2) CONSULTATION.—In developing the plan and policies of the Department regarding the ‘‘(1) The term ‘family caregiver assistance’ required by paragraph (1)(A), the Secretary appointment of guardians or the use of pow- includes the instruction, preparation, train- shall consult with the following: ers of attorney, appoint a surrogate for the ing, and certification provided under sub- (A) Veterans described in section 1717A(b) veteran who may submit applications, pro- section (d) and the ongoing family caregiver of title 38, United States Code, as added by vide consent, make requests, or concur with assistance provided under subsection (f). subsection (a)(1). requests on behalf of the veteran under this ‘‘(2) The term ‘family member’ includes, (B) Family members of veterans who pro- section. with respect to a veteran, the following: vider personal care services to such veterans. ‘‘(h) OVERSIGHT.—(1) The Secretary shall ‘‘(A) The spouse of the veteran. (C) Veterans service organizations, as rec- enter into contracts with appropriate enti- ‘‘(B) The child of the veteran. ognized by the Secretary of Veterans Affairs ties to provide oversight of the provision of ‘‘(C) A parent of the veteran. for the representation of veterans under sec- personal care services by primary personal ‘‘(D) A sibling of the veteran. tion 5902 of title 38, United States Code. care attendants designated under subsection ‘‘(E) A cousin of the veteran. (D) Relevant national organizations that (e)(1) under this section. ‘‘(F) An aunt of the veteran. specialize in the provision of assistance to ‘‘(2) The Secretary shall ensure that each ‘‘(G) An uncle of the veteran. individuals with the types of disabilities that eligible veteran receiving personal care serv- ‘‘(H) A grandparent of the veteran. personal care attendants will encounter ices under this section from a primary per- ‘‘(I) A grandchild of the veteran. while providing personal care services under sonal care attendant designated under sub- ‘‘(J) A stepparent of the veteran. section 1717A of title 38, United States Code, section (e)(1) is visited in the veteran’s home ‘‘(K) A stepchild of the veteran. as so added. by an entity providing oversight under para- ‘‘(L) A stepsibling of the veteran. (E) Such other organizations with an inter- graph (1) at such frequency as the Secretary ‘‘(M) A parent-in-law of the veteran. est in the provision of care to veterans as the shall determine under paragraph (3) to deter- ‘‘(N) A sister-in-law of the veteran. Secretary considers appropriate. mine if the care received by the veteran ‘‘(O) A brother-in-law of the veteran. (F) The Secretary of Defense with respect under this section meets the needs of the ‘‘(P) A cousin of the spouse of the veteran. to matters concerning personal care services veteran. ‘‘(Q) An aunt of the spouse of the veteran. ‘‘(3)(A) Except as provided in subparagraph for eligible veterans who are members of the ‘‘(R) An uncle of the spouse of the veteran. (B), the Secretary shall determine the man- Armed Forces undergoing medical discharge ‘‘(S) A grandparent of the spouse of the ner of oversight provided under paragraph (1) from the Armed Forces. veteran. EPORT CONTENTS and the frequency of visits under paragraph (3) R .—The report required ‘‘(T) A grandchild of the spouse of the vet- (2) for an eligible veteran as the Secretary by paragraph (1)(B) shall contain the fol- eran. considers commensurate with the needs of lowing: ‘‘(U) A stepparent of the spouse of the vet- such eligible veteran. (A) The plan required by paragraph (1)(A). ‘‘(B) The frequency of visits under para- eran. (B) A description of the veterans, care- graph (2) for an eligible veteran shall be not ‘‘(V) A stepsibling of the spouse of the vet- givers, and organizations consulted by the less frequent than once every six months. eran. Secretary under paragraph (2). ‘‘(4)(A) An entity visiting an eligible vet- ‘‘(W) Such other individuals as the Sec- (C) A description of such consultations. eran under paragraph (2) shall submit to the retary shall specify in regulations for pur- (D) The recommendations of such veterans, Secretary the findings of the entity with re- poses of this section. caregivers, and organizations, if any, that spect to each visit, including whether the el- ‘‘(3) The term ‘personal care services’ in- were not incorporated into the plan required igible veteran is receiving the care the eligi- cludes the following: by paragraph (1)(A). ble veteran requires. ‘‘(A) Supervision. (E) The reasons the Secretary did not in- ‘‘(B) If an entity finds under subparagraph ‘‘(B) Protection. corporate such recommendations into such (A) that an eligible veteran is not receiving ‘‘(C) Services to assist a veteran with one plan. the care the eligible veteran requires, the en- or more independent activities of daily liv- (c) ANNUAL EVALUATION REPORT.— tity shall submit to the Secretary a rec- ing. (1) IN GENERAL.—Not later than two years ommendation on the corrective actions that ‘‘(D) Such other services as the Secretary after the date described in subsection (a)(4) should be taken to ensure that the eligible considers appropriate.’’. and annually thereafter, the Secretary shall veterans receives the care the eligible vet- (2) CLERICAL AMENDMENT.—The table of submit to the Committee on Veterans’ Af- eran requires, including, if the entity con- sections at the beginning of chapter 17 of fairs of the Senate and the Committee on siders appropriate, a recommendation for such title is amended by inserting after the Veterans’ Affairs of the House of Representa- revocation of a caregiver’s certification item related to section 1717 the following tives a comprehensive report on the imple- under subsection (d)(3) or revocation of the new item: mentation of section 1717A of title 38, United designation of an individual under sub- ‘‘1717A. Family caregiver assistance.’’. States Code, as added by subsection (a)(1). section (e)(1). (3) AUTHORIZATION FOR PROVISION OF (2) CONTENTS.—The report required by ‘‘(5) After receiving findings and rec- HEALTH CARE TO PERSONAL CARE ATTEND- paragraph (1) shall include the following: ommendations, if any, under paragraph (4) ANTS.—Section 1781(a) of such title is amend- (A) The number of family members of vet- with respect to an eligible veteran, the Sec- ed— erans (or other individuals designated by

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.211 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4353 veterans) that received family caregiver as- ‘‘(xv) A brother-in-law of the person. American Academy of Child and Ado- sistance under such section 1717A. ‘‘(xvi) A cousin of the spouse of the person. lescent Psychiatry, by the time Amer- (B) A description of the outreach activities ‘‘(xvii) An aunt of the spouse of the person. ican students finish high school, they carried out by the Secretary in accordance ‘‘(xviii) An uncle of the spouse of the per- will have spent more time watching with subsection (i) of such section 1717A. son. (C) The resources expended by the Sec- ‘‘(xix) A grandparent of the spouse of the television than in the classroom. retary under such section 1717A. person. In 1991, Congress established the Na- (D) An assessment of the manner in which ‘‘(xx) A grandchild of the spouse of the per- tional Education Commission on Time resources are expended by the Secretary son. and Learning, an independent advisory under such section 1717A, particularly with ‘‘(xxi) A stepparent of the spouse of the group charged with studying the rela- respect to the provision of monthly personal person. tionship between instructional time caregiver stipends under subsection (f) of ‘‘(xxii) A stepsibling of the spouse of the and student learning in American such section. person. (E) A description of the outcomes achieved schools. Members of the commission ‘‘(xxiii) Such other individuals as the Sec- visited schools in the U.S. and abroad, by, and any measurable benefits of, carrying retary shall specify in regulations for pur- out the requirements of such section 1717A. poses of this subsection.’’. and interviewed teachers, administra- (F) A justification of any determination tors, parents, and students. The Com- made under subsection (b)(2) of such section By Mr. BINGAMAN: mission concluded that students and 1717A. S. 804. A bill to amend subpart 2 of teachers in American schools are ‘‘pris- (G) An assessment of the effectiveness and part A of title I of the Elementary and oners of time,’’ captives of an agrarian- the efficiency of the implementation of such Secondary Education Act of 1965 to es- based school calendar that robs them section 1717A. (H) An assessment of how the provision of tablish incentives for States to extend of the opportunity for a quality edu- family caregiver assistance fits into the con- the minimum length of the school year cation. To quote from their report, ‘‘we tinuum of home health care services and to 200 full days by 2014, and for other have been asking the impossible of our benefits provided to veterans in need of such purposes; to the Committee on Health, students—that they learn as much as services and benefits. Education, Labor, and Pensions. their foreign peers while spending only (I) Such recommendations, including rec- Mr. BINGAMAN. Mr. President, I rise half as much time in core academic ommendations for legislative or administra- today to introduce the School Day Fac- subjects.’’ I add that this means we tive action, as the Secretary considers ap- tor Act of 2009. propriate in light of carrying out the re- have also been asking the impossible of quirements of such section 1717A. This bill would encourage States to our teachers—to deliver effective in- SEC. 4. LODGING AND SUBSISTENCE FOR AT- provide students with the time they struction, without sufficient time. TENDANTS. need to master knowledge and skills Clearly, our school calendars have not Section 111(e) of title 38, United States they will need to succeed in the 21st moved forward along with our societal Code, is amended— century, and to provide teachers with and technological advances. (1) by striking ‘‘When any’’ and inserting sufficient time to deliver effective in- The Commission’s 1994 report was not ‘‘(1) When any’’; struction. the first to recommend lengthening the (2) in paragraph (1), as designated by para- Twenty-first century learners, and graph (1) of this subsection— school year. In 1983, the Nation at Risk (A) by inserting ‘‘(including lodging and their teachers, are faced with edu- report recommended increasing the subsistence)’’ after ‘‘expenses of travel’’; and cational demands that simply did not school day to 7 hours per day, and the (B) by inserting before the period at the exist decades ago. Right now, our econ- school year to 200 to 220 days per year, end the following: ‘‘for the period consisting omy is struggling. But we have a plan as a means to strengthen our nation’s of travel to and from a treatment facility to get it back on track by investing ag- grip on global competitiveness. Well, it and the duration of the treatment episode’’; gressively in scientific R&D, and the has been 25 years since that report, and and deployment of new technologies. If we (3) by adding at the end the following: I believe the time has come to give stu- ‘‘(2) The Secretary may prescribe regula- are to maintain and increase our Na- dents and teachers the time they need tions to carry out this subsection. Such reg- tion’s competitiveness in the global for a quality education. ulations may include provisions— economy for decades to come, we must The School Day Factor Act will sup- ‘‘(A) to limit the number of individuals allow every child the opportunity for a port efforts to expand the school year, that may receive expenses of travel under quality 21st century education. Today’s by coordinating school funding with paragraph (1) for a single treatment episode students need to master mathematics, the length of the school year, and by of a person; and science, and technology, language arts encouraging schools to add five days to ‘‘(B) to require attendants to use certain and social studies, and they must also travel services. their calendar each year, for the next 4 ‘‘(3) In this subsection: have opportunities to study foreign years. This bill introduces a variable, ‘‘(A) The term ‘attendant’ includes, with languages, the arts, and physical edu- the ‘‘School Day Factor,’’ that will re- respect to a person described in paragraph cation. No one of these subject areas flect the number of mandatory full (1), the following: should be sacrificed at the expense of days included in a state’s school year, ‘‘(i) A family member of the person. another. But that is the choices that and it may be adjusted to reflect any ‘‘(ii) An individual certified as a personal teachers and students are faced with in increases in instructional hours per care attendant under section 1717A(d)(3) of schools across the United States. this title. day. This variable will be added to ex- ‘‘(iii) Any other individual whom the Sec- Teachers are being asked to cover more isting Title I allocation formulas that retary determines— material than before, without being determine education grants to States. ‘‘(I) has a preexisting relationship with the given more time. Students are ex- The existing funding allocation for- person; and pected to master more material than mulas would be essentially unchanged ‘‘(II) provides a significant portion of the students of decades ago, without being for States whose school calendars meet person’s care. given more time. Meanwhile, research- a base level number of days per school ‘‘(B) The term ‘family member’ includes, ers have demonstrated that reducing year. By raising the base level school with respect to a person described in para- instructional time hinders learning. As year length by 5 school days per year, graph (1), the following: ‘‘(i) The spouse of the person. summarized by the National Research over a 4 year period, the average school ‘‘(ii) The child of the person. Council, in its report on How People year calendar would reach the target of ‘‘(iii) A parent of the person. Learn, ‘‘. . . significant learning takes 200 school days per year by 2014. Inclu- ‘‘(iv) A sibling of the person. major investments of time.’’ sion of the School Day Factor will re- ‘‘(v) A cousin of the person. How can a quality, well rounded edu- sult in higher grants to states with ‘‘(vi) An aunt of the person. cation be achieved when the average school years that exceed the base level ‘‘(vii) An uncle of the person. school year in this country includes number of school days per year, and ‘‘(viii) A grandparent of the person. only 180 days—less than half the num- smaller grants to states with school ‘‘(ix) A grandchild of the person. ber of days in a calendar year? Children ‘‘(x) A stepparent of the person. years that fall below the base level. ‘‘(xi) A stepchild of the person. today are spending only 20 percent to I believe that schools are not only ‘‘(xii) A stepsibling of the person. 30 percent of their waking hours in ready for this change, but that they are ‘‘(xiii) A parent-in-law of the person. school, even if they have a record of setting the pace for this movement. ‘‘(xiv) A sister-in-law of the person. perfect attendance. According to the Some States and school districts have

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.211 S02APPT1 rfrederick on PROD1PC67 with SENATE S4354 CONGRESSIONAL RECORD — SENATE April 2, 2009 already taken the initiative to expand school exit, and postsecondary school at- ‘‘(4) SCHOOL DAY.— their school year by 20 days per year. tendance. ‘‘(A) IN GENERAL.—The term ‘school day’ In my own State of New Mexico, a (6) Since 1991, over 300 expanded learning means a day for which attendance is manda- State initiated pilot program to extend initiatives have occurred, across 30 States, tory for all students attending an elemen- aimed primarily at schools with high-pov- tary school or secondary school in a State, kindergarten by 20 to 25 days per year erty and high-minority student populations. and in which a minimum of 51⁄2 instructional led to such positive outcomes that the Outcomes of these initiatives include en- hours are delivered to students. program was recently extended to third hanced student achievement, lower student ‘‘(B) PARTIAL DAYS.—Two days for which grade. Requests to participate have in- and teacher absenteeism, and satisfaction of attendance is mandatory for all students at- creased, as more school districts under- parents, teachers, and students. tending an elementary school or secondary stand the benefits afforded by expand- (7) Research demonstrates that the in- school in a State and in which less than 51⁄2 ing students’ and teachers’ educational creased school time is beneficial not only for instructional hours per day are delivered to time. The School Day Factor Act is an students, but also for teachers. Teachers students may be deemed to be 1 school day gain planning time, more opportunities for for purposes of this section, if the total in- investment that will support the ef- cooperative planning, professional develop- structional time for the 2 partial days meets forts to dramatically increase this par- ment opportunities, and additional time to or exceeds 51⁄2 instructional hours. ticipation rate such that the 200 day individualize instruction. Teacher employ- ‘‘(5) STATE-MANDATED SCHOOL YEAR school year is the norm, not an ex- ment increases from part-year to up to full LENGTH.— panded calendar. year, depending on the calendar conversion ‘‘(A) IN GENERAL.—Except as provided in Clearly, more time alone is not suffi- adopted. subparagraphs (B) and (C), the term ‘State- cient to insure quality learning. By in- (8) Regarding the costs of expanded learn- mandated school year length’ means the cluding the School Day Factor Act in ing initiatives, the cost per hour of instruc- minimum number of school days an elemen- tion decreases with the addition of more tary school or secondary school student is the reauthorization of ESEA, it will be learning time. required by the State to attend school in an paired with actions designed to en- SEC. 3. PURPOSES. academic year. In calculating the State- hance and support quality instruction The purposes of this Act are to ensure that mandated school year length, days that the delivered by highly qualified teachers. all children have sufficient time to achieve State permits to be waived due to teacher I hope that this legislation will be in- in school, that all children have access to a professional development, weather, or other cluded in the reauthorization of the El- high quality and well-rounded education, and reasons shall not be counted. ementary and Secondary Education that teachers have sufficient time to deliver ‘‘(B) STATES THAT MANDATE MINIMUM NUM- Act of 1965, as amended, and I urge my quality instruction. Such purposes can be BER OF INSTRUCTIONAL HOURS.—In the case of a State that does not mandate a minimum colleagues to support it. achieved by— (1) encouraging States to expand the min- number of school days for an academic year Mr. President, I ask unanimous con- imum number of days in their school year, to and does mandate a minimum number of in- sent that the text of the bill be printed 200 full days, by 2014, without reducing the structional hours per academic year, the in the RECORD. length of the school day; State-mandated school year length for such There being no objection, the text of (2) modifying the allocations under subpart State shall be the quotient of— the bill was ordered to be printed in 2 of part A of title I of the Elementary and ‘‘(i) the minimum number of mandated in- the RECORD, as follows: Secondary Education Act of 1965 (20 U.S.C. structional hours per academic year, exclud- 6331 et seq.) regarding basic, concentration, ing hours that may be waived due to teacher S. 804 targeted, and education finance incentive professional development, weather, or other Be it enacted by the Senate and House of Rep- grants, so that each of the formulas used to reasons; divided by resentatives of the United States of America in determine allocations includes a factor that ‘‘(ii) the greater of— Congress assembled, reflects all of the following: ‘‘(I) the average number of instructional SECTION 1. SHORT TITLE. (A) the minimum number of school days in hours per school day in the State’s public el- This Act may be cited as the ‘‘School Day the State-mandated school year length; ementary schools and secondary schools; or Factor Act of 2009’’. (B) the most recent increase in the number ‘‘(II) 61⁄2 hours. SEC. 2. FINDINGS. of school days in the State-mandated aca- ‘‘(C) STATES THAT DO NOT MANDATE MINIMUM Congress makes the following findings: demic year; and NUMBER OF DAYS OR HOURS.—In the case of a (1) According to the National Center for (C) whether the number of school days in State that does not mandate a minimum Education Statistics the length of the aver- an academic year meets, exceeds, or falls number of school days or a minimum number age school year steadily increased from 144 short of the base level school year length de- of instructional hours per academic year, the to 178 days between 1869 and 1949. In 2008, the scribed in the amendment made by this Act; State-mandated school year length for such average number of school days per year re- and State shall be the average number of school mains at 178.5. (3) encouraging States to increase the days that elementary school or secondary (2) In 1983, a recommendation in the Nation length of the school day. school students in the State attended school at Risk report was to increase students’ in- SEC. 4. SCHOOL DAY FACTOR. during— structional time by lengthening the school (a) AMENDMENT.—Subpart 2 of part A of ‘‘(i) the preceding school year; or day or the school year, as a means to title I of the Elementary and Secondary Edu- ‘‘(ii) in the case where the preceding school strengthen our Nation’s grip on global com- cation Act of 1965 (20 U.S.C. 6331 et seq.) is year was significantly shorter due to a nat- petitiveness. Since then, no systematic amended by adding at the end the following: ural disaster during such school year, the school day or school year increase has oc- ‘‘SEC. 1128. SCHOOL DAY FACTOR. school year that is preceding the preceding curred. ‘‘(a) DEFINITIONS.—In this section: school year. (3) In 2008, 42 States mandate a school year ‘‘(1) ACADEMIC YEAR.—The term ‘academic ‘‘(b) SCHOOL DAY FACTOR.— of 180 or fewer days per year, or the equiva- year’ means the period of time beginning ‘‘(1) ADJUSTMENTS AUTHORIZED.— lent thereof. Across States, the number of with the first day of a school year and end- ‘‘(A) IN GENERAL.—Notwithstanding any school days per year ranges from 173 to 182. ing on the last day of a school year, which other provision of this part, the amount of a (4) Researchers have demonstrated that— typically begins in the late summer and ends grant that a State or local educational agen- (A) when class material is covered in a in the early summer. cy is eligible to receive under section 1124(a), streamlined, shortened unit, students’ con- ‘‘(2) BASE LEVEL SCHOOL YEAR LENGTH.—The 1124A(a), 1125(b), or 1125A(b) shall be adjusted ceptual mastery of the content suffers; and term ‘base level school year length’ means— by multiplying such amount by the school (B) significant learning requires invest- ‘‘(A) 180 school days for the 2009–2010 aca- day factor described in paragraph (2) that is ment of time. demic year; applicable to such State or local educational (5) Research has demonstrated that all stu- ‘‘(B) 185 school days for the 2010–2011 aca- agency, respectively, for such academic year. dents are at risk for losing educational gains demic year; ‘‘(B) TIMING OF ADJUSTMENT.—The Sec- during extended summer breaks in the typ- ‘‘(C) 190 school days for the 2011–2012 aca- retary shall make the adjustment described ical school calendar, particularly children demic year; in subparagraph (A) to the amount of a grant from low income households. The continued ‘‘(D) 195 school days for the 2012–2013 aca- that a State or local educational agency is lack of out-of-school learning opportunities demic year; and eligible to receive under section 1124, 1124A, contributes to a growing achievement gap. ‘‘(E) 200 school days for the 2013–2014 aca- 1125, or 1125A before applying any hold-harm- Even more so than achievement gaps present demic year and for each succeeding academic less requirement, minimum grant amount at kindergarten, differences in out-of-school year. requirement, or ratable reduction require- learning opportunities experienced by eco- ‘‘(3) INSTRUCTIONAL HOURS.—The term ‘in- ment under this part. nomically advantaged versus disadvantaged structional hours’ means the number of ‘‘(2) SCHOOL DAY FACTOR.— youth contribute to the cumulative achieve- hours within the school day that are directly ‘‘(A) IN GENERAL.—The school day factor ment difference registered by 9th grade, devoted to student learning in core academic referred to in paragraph (1) that is applicable which affects high school placements, high subjects. to each State and local educational agency

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.214 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4355 in the State for an academic year is a per- Minnesota, Newark, New Mexico, New ticipating in FEBs for staffing and op- centage calculated as the sum of the fol- Orleans, New York City, Oklahoma, Or- erations. Each agency’s contribution lowing: egon, Philadelphia, Pittsburgh, St. would be determined by a formula es- 2 ‘‘(i) ⁄3 of such percentage shall be equal Louis, San Antonio, San Francisco, Se- tablished by the Director of OPM in to— consultation with agencies and the Of- ‘‘(I) the result of— attle, and South Florida. Those FEBs ‘‘(aa) the State-mandated school year serve an important role in coordinating fice of Management and Budget, and length for the academic year preceding the Federal activities. For example, earlier that formula must take into account academic year for which the calculation is this year a proactive FEB executive di- each agency’s number of employees in made; divided by rector sent an e-mail to her FEB col- areas served by FEBs. ‘‘(bb) the base level school year length for leagues in an effort to coordinate stim- President Kennedy showed great the academic year preceding the academic ulus spending. foresight when he called for the coordi- year for which the calculation is made; mul- However, a 2007 Government Ac- nation of Federal agencies’ activities tiplied by countability Office, GAO, report, ‘‘Ad- in 1961, and FEBs have done a good job ‘‘(II) 100. since then in coordinating their work. 1 ditional Steps Needed to Take Advan- ‘‘(ii) ⁄3 of such percentage shall be equal These FEBs need a congressional char- to— tage of Federal Executive Boards’ Abil- ‘‘(I) the result of— ity to Contribute to Emergency Oper- ter and a set source of funding, so I ‘‘(aa) the State mandated minimum in- ations,’’ noted that FEBs have no con- hope the Senate will act quickly to structional hours per school day for the aca- gressional charter and rely on vol- pass this legislation, which OPM and demic year preceding the academic year for untary contributions from their mem- GAO were consulted in drafting. which the calculation is made; divided by ber agencies for funding. Because such Mr. President, I ask unanimous con- ‘‘(bb) 5.5; multiplied by voluntary contributions result in fi- sent that the text of the bill be printed ‘‘(II) 100. nancial uncertainty on the part of in the RECORD. ‘‘(B) SPECIAL CALCULATION RULE.—In mak- There being no objection, the text of FEBs, GAO recommended that the Of- ing the calculation described in subpara- the bill was ordered to be printed in fice of Personnel Management, OPM, graph (A) for a State, the value of subpara- the RECORD, as follows: graph (A)(ii) shall be zero if the State man- develop a proposal to address the un- S. 806 dated minimum instructional hours per certainty of funding sources for FEBs. Be it enacted by the Senate and House of Rep- school day for the academic year preceding Based on that recommendation, the the academic year for which the calculation resentatives of the United States of America in Federal Executive Board Authorization Congress assembled, is made is less than the number of such Act of 2009 provides for the establish- State mandated minimum instructional SECTION 1. SHORT TITLE. hours for the academic year that precedes by ment, administration and funding of This Act may be cited as the ‘‘Federal Ex- two years the academic year for which the FEBs. ecutive Board Authorization Act of 2009’’. calculation is made.’’. The legislation is based in large part SEC. 2. FEDERAL EXECUTIVE BOARDS. (b) TABLE OF CONTENTS.—The table of con- on Title 5 of the Code of Federal Regu- (a) IN GENERAL.—Chapter 11 of title 5, tents in section 2 of the Elementary and Sec- lations, where OPM has set forth regu- United States Code, is amended by adding at ondary Education Act of 1965 is amended by lations relating to the authority, loca- the end the following: inserting after the item relating to section tion, and membership of FEBs. Similar ‘‘§ 1106. Federal Executive Boards 1127 the following: to those provisions, this bill calls on ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘Sec. 1128. School day factor.’’. tion are to— the Director of OPM to determine ‘‘(1) strengthen the coordination of Gov- By Mr. VOINOVICH (for himself where to establish FEBs and requires ernment activities; and Mr. AKAKA): the Director to consult with agencies ‘‘(2) facilitate interagency collaboration to S. 806. A bill to provide for the estab- in making that determination. The bill improve the efficiency and effectiveness of lishment, administration, and funding also provides that FEBs shall consist of Federal programs; ‘‘(3) facilitate communication and collabo- of Federal Executive Boards, and for senior officials from appropriate agencies in those areas. Also similar to pro- ration on Federal emergency preparedness other purposes; to the Committee on and continuity of operations to address Homeland Security and Governmental visions in the Code of Federal Regula- homeland security issues, including natural Affairs. tions, the bill authorizes the Director disasters, acts of terrorism, and other man- Mr. VOINOVICH. Mr. President, I of OPM to establish staffing policies made disasters, outside the Washington, D.C. rise today with Senator AKAKA to infor FEBs, designate an agency to staff metropolitan area; and troduce the Federal Executive Board each FEB, establish communications ‘‘(4) provide stable funding for Federal Ex- Authorization Act of 2009 in order to policies, performance standards and ac- ecutive Boards. ‘‘(b) DEFINITIONS.—In this section: provide for the establishment, adminis- countability initiatives for FEBs, and ‘‘(1) AGENCY.—The term ‘agency’— tration and funding of Federal Execu- administer FEB funding. ‘‘(A) means an Executive agency as defined tive Boards, FEBs. The Federal Executive Board Author- under section 105; and As you may know, President Ken- ization Act of 2009 also requires each ‘‘(B) shall not include the Government Ac- nedy issued a ‘‘Memorandum on the FEB to adopt bylaws or other rules for countability Office. Need for Greater Coordination of Re- its internal governance, elect a chair- ‘‘(2) DIRECTOR.—The term ‘Director’ means gional and Field Activities of the Gov- man from among its members, provide the Director of the Office of Personnel Man- ernment’’ in 1961 that noted that more a forum for the exchange of informa- agement. than 90 percent of Federal employees tion, and develop coordinated ap- ‘‘(3) FEDERAL EXECUTIVE BOARD.—The term ‘Federal Executive Board’ means an inter- work outside of Washington, DC. Presi- proaches to the development and oper- agency entity established by the Director, in dent Kennedy wanted to strengthen the ation of programs that have common consultation with the headquarters of appro- coordination of their activities, so he characteristics. Under the bill, FEBs priate agencies, in a geographic area with a directed ‘‘the establishment of a Board would be required to communicate high concentration of Federal employees of Federal Executives’’ to ‘‘consider management initiatives and other con- outside the Washington, D.C. metropolitan management matters and interdepart- cerns from Washington, DC to the field area to strengthen the management and ad- mental cooperation and establish liai- and develop relationships with State ministration of agency activities and coordination among local Federal officers to imple- son with State and local government and local governments and private sec- ment national initiatives in that geographic officials in their regions.’’ That Memo- tor organizations to help coordinate area. randum led to the creation of ten FEBs emergency management and homeland ‘‘(c) ESTABLISHMENT.— to ‘‘increase the effectiveness and security matters. ‘‘(1) IN GENERAL.—The Director shall estab- economy of Federal agencies.’’ To address GAO’s concern about the lish Federal Executive Boards in geographic These FEBs proved their worth, be- uncertainty of FEB funding, the legis- areas outside the Washington, D.C. metro- cause the number of FEBs across the lation establishes a fund for FEB oper- politan area. Before establishing Federal Ex- Nation has increased to 28 FEBs total ations which would be administered by ecutive Boards that are not in existence on the date of enactment of this section, the Di- in Atlanta, Baltimore, Boston, Buffalo, OPM. The fund would consist of con- rector shall consult with the headquarters of Chicago, Cincinnati, Cleveland, Dallas- tributions from OPM for administra- appropriate agencies to determine the num- Fort Worth, Denver, Detroit, Honolulu, tive and oversight activities as well as ber and location of the Federal Executive Houston, Kansas City, Los Angeles, contributions from each agency par- Boards.

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.212 S02APPT1 rfrederick on PROD1PC67 with SENATE S4356 CONGRESSIONAL RECORD — SENATE April 2, 2009 ‘‘(2) MEMBERSHIP.—Each Federal Executive ‘‘(7) develop relationships with State and receive specific appropriations. As a re- Board for a geographic area shall consist of local governments and nongovernmental or- sult, FEBs must cobble together vol- an appropriate senior officer for each agency ganizations to help in coordinating emer- untary funding from participating in that geographic area. The appropriate sen- gency management and homeland security agencies. ior officer may designate, by title of office, issues; and The Office of Personnel Management an alternate representative who shall attend ‘‘(8) take other actions as agreed to by the meetings and otherwise represent the agency Federal Executive Board and the Director. oversees the mission and activities of on the Federal Executive Board in the ab- ‘‘(f) FUNDING.— FEBs. Part of FEBs’ mission is to offer sence of the appropriate senior officer. An al- ‘‘(1) ESTABLISHMENT OF FUND.—The Direc- agencies outside of Washington, DC an ternate representative shall be a senior offi- tor shall establish a fund within the Office of opportunity to share information, col- cer in the agency. Personnel Management for financing essen- laborate to address shared concerns, ‘‘(3) LOCATION OF FEDERAL EXECUTIVE tial Federal Executive Board functions, in- discuss management and administra- BOARDS.—In determining the location for the cluding basic staffing and operating ex- tive challenges, and come together as a establishment of Federal Executive Boards, penses. Federal community. Each Board sets the Director shall consider— ‘‘(2) DEPOSITS.—There shall be deposited in ‘‘(A) whether a Federal Executive Board the fund established under paragraph (1)— its own specific priorities and activi- exists in a geographic area on the date of en- ‘‘(A) contributions from the Office of Per- ties based on local concerns and the actment of this section; sonnel Management to fund administrative leadership in a given area. ‘‘(B) whether a geographic area has a and oversight activities conducted under Additionally, FEBs’ mission is to strong, viable, and active Federal Executive subsection (d); play a critical support role in coordi- Association; ‘‘(B) contributions from the headquarters nating emergency preparedness and re- ‘‘(C) whether the Federal Executive Asso- of each agency participating in Federal Ex- sponse efforts for a given area. The ciation of a geographic area petitions the Di- ecutive Boards, in an amount determined by Honolulu-Pacific Federal Executive a formula established by the Director, in rector to become a Federal Executive Board; Board regularly hosts and participates and consultation with the headquarters of such ‘‘(D) such other factors as the Director and agencies and the Office of Management and in preparedness exercises in Hawaii and the headquarters of appropriate agencies Budget. the Pacific Rim. When the Interstate 35 consider relevant. ‘‘(3) CONTRIBUTIONS.— West Bridge collapsed over the Mis- ‘‘(d) ADMINISTRATION AND OVERSIGHT.— ‘‘(A) FORMULA.—The formula for contribu- sissippi River in Minneapolis, Min- ‘‘(1) IN GENERAL.—The Director shall pro- tions established by the Director shall con- nesota on August 1, 2007, the Executive vide for the administration and oversight of sider the number of employees in each agen- Director of the Minnesota FEB helped Federal Executive Boards, including— cy in each geographic area served by a Fed- disseminate critical information to ‘‘(A) establishing staffing policies in con- eral Executive Board. The contribution of the headquarters of each agency to the fund over 100 Federal agencies and coordi- sultation with the headquarters of agencies nate with the State and local emer- participating in Federal Executive Boards; shall be recalculated at least every 2 years. ‘‘(B) designating an agency to staff each ‘‘(B) IN-KIND CONTRIBUTIONS.—At the sole gency response network. FEBs have Federal Executive Board based on rec- discretion of the Director, the headquarters shared information with each other to ommendations from that Federal Executive of an agency may provide in-kind contribu- assist in preparing for large events as Board; tions instead of providing monetary con- well. For example, the Boston FEB ‘‘(C) establishing communications policies tributions to the fund. used their experience with the Demo- for the dissemination of information to ‘‘(4) USE OF EXCESS AMOUNTS.—Any unobli- cratic National Convention in 2004 to agencies; gated and unexpended balances in the fund which the Director determines to be in ex- help the Denver and Minnesota FEBs ‘‘(D) in consultation with the headquarters prepare for the National Party Conven- of appropriate agencies, establishing per- cess of amounts needed for essential Federal formance standards for the Federal Execu- Executive Board functions shall be allocated tions in 2008. tive Board staff; by the Director, in consultation with the At a hearing of the Subcommittee on ‘‘(E) developing accountability initiatives headquarters of agencies participating in Oversight of Government Management, to ensure Federal Executive Boards are Federal Executive Boards, among the Fed- the Federal Workforce, and the Dis- meeting performance standards; and eral Executive Boards for the activities trict of Columbia on September 28, ‘‘(F) administering Federal Executive under subsection (e) and other priorities, 2007, which I chaired, it was clear that Board funding through the fund established such as conducting emergency preparedness FEBs lack of formal structure hinders in subsection (f). training. ‘‘(g) REPORTS.—The Director shall submit their critical support role in emer- ‘‘(2) STAFFING.—In making designations gency preparedness and response. At under paragraph (1)(B), the Director shall annual reports to Congress and agencies on give preference to agencies staffing Federal Federal Executive Board program outcomes that hearing, the Government Ac- Executive Boards. and budget matters. countability Office, GAO, testified that ‘‘(h) REGULATIONS.—The Director shall pre- ‘‘(e) GOVERNANCE AND ACTIVITIES.—Each FEBs have no clear role in national scribe regulations necessary to carry out emergency planning, no framework to Federal Executive Board shall— this section.’’. ‘‘(1) subject to the approval of the Direc- (b) TECHNICAL AND CONFORMING AMEND- operate, no accountability in per- tor, adopt by-laws or other rules for the in- MENTS.—The table of sections for chapter 11 forming their duties, and no funding to ternal governance of the Federal Executive of title 5, United States Code, is amended by carry out their missions. Additionally, Board; inserting after the item relating to section FEB Executive Directors from around ‘‘(2) elect a Chairperson from among the 1105 the following: the country testified about the frustra- members of the Federal Executive Board, ‘‘1106. Federal Executive Boards.’’. who shall serve for a set term; tions of operating without stable fund- ‘‘(3) serve as an instrument of outreach for Mr. AKAKA. Mr. President, I am ing or a clear structure. the national headquarters of agencies relat- pleased to join my good friend Senator Since the hearing, FEBs have been ing to agency activities in the geographic VOINOVICH as we introduce the Federal included in FEMA’s National Response area; Executive Board Authorization Act of Framework, and OPM and FEMA have ‘‘(4) provide a forum for the exchange of in- 2009 to formalize Federal Executive signed a memorandum of under- formation relating to programs and manage- Boards, FEBs, in the Executive Branch standing, MOU, giving FEBs a formal ment methods and problems— of the Federal Government. role in emergency preparedness and re- ‘‘(A) between Federal officers and employ- President Kennedy issued a Directive sponse. The Federal Executive Board ees in the Washington, D.C. area and Federal officers and employees in the geographic in 1961 creating FEBs to allow the Authorization Act of 2009 would imple- area; and heads of Federal agencies outside of ment other recommendations made by ‘‘(B) among field elements in the geo- Washington, DC to come together to GAO and the representatives from graphic area; address local issues in their Federal FEBs at the 2007 hearing. More specifi- ‘‘(5) develop local coordinated approaches communities. There are now 28 Boards cally, the bill would formalize the role to the development and operation of pro- in 20 States, including Hawaii. Because of Federal Executive Boards, which grams that have common characteristics; they have never been authorized in leg- would include interagency collabora- ‘‘(6) communicate management initiatives islation, FEBs have no institutional- tion and Federal agency emergency and other concerns from Federal officers and employees in the Washington, D.C. area to ized structure; each has its own oper- preparedness and response outside of Federal officers and employees in the geo- ating structure. Some have an execu- Washington, DC; establish a process for graphic area to achieve better mutual under- tive director, while some have no per- establishing new FEBs; require OPM to standing and support; manent staff at all. They also do not establish performance standards for

VerDate Nov 24 2008 08:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.213 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4357 FEBs; specify a funding formula, which Sadly, many of those who are home- by measures to prevent homelessness OPM will administer, for FEBs based less have served our country in uni- and to create more systemic solutions on the number of employees in a Fed- form. Their numbers range between to the problem. It is now time to take eral agency in a given area; and au- 150,000 and 200,000 on any given night. what we have learned during the past thorize staffing levels for each FEB to Three times that many veterans are 22 years, and put those best practices have at least an Executive Director housed, but are struggling with exces- and proposals into action. and one support staff member. sive rent burdens and an increased risk First and foremost, the HEARTH Act Eighty-five percent of the Federal of homelessness. Different sources esti- focuses federal funding on prevention. workforce is employed outside of the mate that between 23 and 40 percent of It allows up to 20 percent of funds to be Washington, DC area. We spend billions homeless adults are veterans. used to serve people who are at risk of of dollars preparing the National Cap- Statistics regarding the number of homelessness under a new ‘‘Emergency ital Region for emergencies, but we children who experience homelessness Solutions Grants’’ program. At the must focus more on Federal Govern- are especially troubling. Each year, it same time, it expands the definition of ment agency emergency preparedness is estimated that at least 1.35 million homelessness, which determines eligi- and response outside of the Washington children experience homelessness. Ac- bility for much of the homeless assist- area. This legislation will address that cording to HUD’s 3rd Annual Homeless ance funding, to include people who pressing need. I urge my colleagues to Assessment Report to Congress, on any will lose their housing in 14 days; any support this important bill. given night, 248,500 persons in families family or individual fleeing or at- are homeless. Each year, over 800,000 tempting to flee domestic violence, or By Mr. REED (for himself, Mr. homeless children and youth are iden- other dangerous or life threatening sit- BOND, Mr. AKAKA, Mrs. BOXER, tified and enrolled in public schools. uations; and families with children and Ms. COLLINS, Mr. DURBIN, Mr. However, this count does not include unaccompanied youth who have experi- KERRY, Ms. KLOBUCHAR, Ms. preschool children, and at least half of enced a long term period without living LANDRIEU, Mr. LAUTENBERG, all homeless children are under the age independently, have experienced per- Mr. LIEBERMAN, Mr. SCHUMER, of five. Whatever their age, we know sistent housing instability, and can be expected to continue in such status for and Mr. WHITEHOUSE): that children who are homeless are in an extended period due to a number of S. 808. A bill to amend the McKinney- poorer health, have developmental enumerated factors, such as a dis- Vento Homeless Assistance Act to re- delays, and suffer academically. authorize the Act, and for other pur- In addition, many of those who are ability. It also allows grantees to use poses; to the Committee on Banking, homeless have a disability. According up to an additional 10 percent of com- Housing, and Urban Affairs. to the Homelessness Research Insti- petitive funds to serve families defined Mr. REED. Mr. President, I rise to in- tute, about 23 percent of homeless peo- as homeless under the Education De- partment homeless definition, but not troduce, along with Senators BOND, ple were found to be ‘‘chronically so defined under the HUD definition. AKAKA, BOXER, COLLINS, DURBIN, homeless,’’ which according to the cur- For areas with low levels of homeless- KERRY, KLOBUCHAR, LANDRIEU, LAUTEN- rent HUD definition means that they ness, up to 100 percent of funds may be BERG, LIEBERMAN, SCHUMER, and are homeless for long periods of time or WHITEHOUSE, the Homeless Emergency used for such purposes. homeless repeatedly, and they have a The HEARTH Act also provides com- Assistance and Rapid Transition to disability. For many of these individ- Housing Act, HEARTH Act. Represent- munities with greater flexibility in uals and families, housing alone, with- using funds to prevent and end home- ative GWEN MOORE is introducing a bi- out some supportive services, may not partisan companion bill today as well. lessness. Rural communities can par- be enough. ticipate in a new Rural Housing Sta- This legislation would reauthorize and Finally, as rents have soared and af- bility Assistance Program that would amend the housing titles of the McKin- fordable housing units have dis- grant rural communities greater dis- ney-Vento Homeless Assistance Act of appeared from the market during the cretion in addressing the needs of 1987. Specifically, our bill would con- past several years, even more working homeless people or those in the worst solidate and improve the homeless as- Americans have been left unable to af- housing situations in their commu- sistance programs at the Department ford housing. According to the Na- nities. of Housing and Urban Development to tional Low Income Housing Coalition’s The HEARTH Act would also in- better accomplish the goals of pre- most recent ‘‘Out of Reach’’ report, no- crease the focus on practices and pro- venting and ending homelessness. where in the country can a minimum grams that have demonstrated results. According to the Homelessness Re- wage earner afford to rent a one-bed- For example, the bill would require search Institute at the National Alli- room home. Low income renters who that HUD provide incentives for rapid ance to End Homelessness, 2.5 to 3.5 live paycheck to paycheck are in pre- rehousing programs for homeless fami- million Americans experience home- carious circumstances and sometimes lies. Rapid rehousing programs have lessness each year. On any one night, must make tough choices between pay- been successfully used in numerous approximately 672,000 men, women, and ing rent and buying food, prescription communities to significantly reduce children are without homes. While drugs, or other necessities. If one un- family homelessness. By dramatically strides have been made to reduce foreseen event occurs in their lives, reducing the length of time families homelessness over the last couple of they can end up homeless. are homeless, rapid rehousing pro- years, the current economic decline There is also a great societal cost to grams ensure a quicker return to sta- has halted such progress. We have al- homelessness, including expenses for bility and self sufficiency. ready seen tent cities forming, shelters emergency rooms, jails, shelters, foster The HEARTH Act would continue turning away people, and cities report- care, detoxification, and emergency HUD’s existing initiative to house peo- ing increased numbers of homeless peo- mental health treatment. Indeed, stud- ple who experience chronic homeless- ple. As unemployment continues to ies have shown it costs just as much, if ness, but would add families with chil- rise, more and more people cannot af- not more in overall expenditures, to dren to the initiative. It also would ford to pay their mortgages or rent, allow men, women, and children to re- designate 30 percent of total funds for and nonprofits and local governments main homeless as it does to provide new permanent housing for families are unable to keep up. them with assistance and get them and individuals with a disability. As a result of the recession, 1.5 mil- back on the road to self-sufficiency. Finally, the HEARTH Act would in- lion additional Americans are likely to It has been 22 years since the enact- crease the emphasis on performance by experience homelessness over the next ment of the Steward B. McKinney measuring applicants’ progress at re- two years according to estimates by Homeless Assistance Act, and we have ducing homelessness. It would also the National Alliance to End Homeless- learned a lot about the problem of allow communities with low levels of ness. This means more trauma for chil- homelessness since then. At the time of homelessness or that are reducing dren and adults, more dislocation from its adoption in 1987, this law was homelessness to focus more on preven- schools and communities, and more of viewed as an emergency response to a tion and serving people who are at risk a drain on local community services. national crisis, and was to be followed of homelessness.

VerDate Nov 24 2008 09:03 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.221 S02APPT1 rfrederick on PROD1PC67 with SENATE S4358 CONGRESSIONAL RECORD — SENATE April 2, 2009 There is a growing consensus on ways (b) PURPOSES.—The purposes of this Act ‘‘(A) have experienced a long term period to help communities break the cycle of are— without living independently in permanent repeated and prolonged homelessness. (1) to consolidate the separate homeless as- housing, If we combine federal dollars with the sistance programs carried out under title IV ‘‘(B) have experienced persistent insta- of the McKinney-Vento Homeless Assistance bility as measured by frequent moves over right incentives to local communities, Act (consisting of the supportive housing such period, and we can prevent and end long-term program and related innovative programs, ‘‘(C) can be expected to continue in such homelessness. the safe havens program, the section 8 assist- status for an extended period of time because The bipartisan HEARTH Act will set ance program for single-room occupancy of chronic disabilities, chronic physical us on the path to meeting this impor- dwellings, and the shelter plus care program) health or mental health conditions, sub- tant national goal. I hope my col- into a single program with specific eligible stance addiction, histories of domestic vio- leagues will join us in supporting this activities; lence or childhood abuse, the presence of a child or youth with a disability, or multiple bill and other homelessness prevention (2) to codify in Federal law the continuum of care planning process as a required and in- barriers to employment. efforts. tegral local function necessary to generate ‘‘(b) DOMESTIC VIOLENCE AND OTHER DAN- Mr. President, I ask unanimous con- the local strategies for ending homelessness; GEROUS OR LIFE-THREATENING CONDITIONS.— sent that the text of the bill be printed and Notwithstanding any other provision of this in the RECORD. (3) to establish a Federal goal of ensuring section, the Secretary shall consider to be There being no objection, the text of that individuals and families who become homeless any individual or family who is the bill was ordered to be printed in homeless return to permanent housing with- fleeing, or is attempting to flee, domestic vi- in 30 days. olence, dating violence, sexual assault, the RECORD, as follows: stalking, or other dangerous or life-threat- S. 808 SEC. 3. DEFINITION OF HOMELESSNESS. ening conditions in the individual’s or family’s current housing situation, including Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Section 103 of the McKin- resentatives of the United States of America in ney-Vento Homeless Assistance Act (42 where the health and safety of children are jeopardized, and who have no other residence Congress assembled, U.S.C. 11302) is amended— and lack the resources or support networks SECTION 1. SHORT TITLE AND TABLE OF CON- (1) by redesignating subsections (b) and (c) to obtain other permanent housing.’’. TENTS. as subsections (c) and (d); and (a) SHORT TITLE.—This Act may be cited as (b) REGULATIONS.—Not later than the expi- (2) by striking subsection (a) and inserting ration of the 6-month period beginning upon the ‘‘Homeless Emergency Assistance and the following: Rapid Transition to Housing Act of 2009’’. the date of the enactment of this Act, the (b) TABLE OF CONTENTS.—The table of con- ‘‘(a) IN GENERAL.—For purposes of this Act, Secretary of Housing and Urban Develop- tents for this Act is as follows: the terms ‘homeless’, ‘homeless individual’, ment shall issue regulations that provide and ‘homeless person’ means— sufficient guidance to recipients of funds Sec. 1. Short title and table of contents. ‘‘(1) an individual or family who lacks a under title IV of the McKinney-Vento Home- Sec. 2. Findings and purposes. fixed, regular, and adequate nighttime resi- less Assistance Act to allow uniform and Sec. 3. Definition of homelessness. consistent implementation of the require- Sec. 4. United States Interagency Council on dence; ments of section 103 of such Act, as amended Homelessness. ‘‘(2) an individual or family with a primary nighttime residence that is a public or pri- by subsection (a) of this section. This sub- TITLE I—HOUSING ASSISTANCE vate place not designed for or ordinarily used section shall take effect on the date of the GENERAL PROVISIONS as a regular sleeping accommodation for enactment of this Act. Sec. 101. Definitions. human beings, including a car, park, aban- (c) CLARIFICATION OF EFFECT ON OTHER Sec. 102. Community homeless assistance doned building, bus or train station, airport, LAWS.—This section and the amendments planning boards. or camping ground; made by this section to section 103 of the Sec. 103. General provisions. ‘‘(3) an individual or family living in a su- McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) may not be construed to af- Sec. 104. Protection of personally identi- pervised publicly or privately operated shel- fect, alter, limit, annul, or supersede any fying information by victim ter designated to provide temporary living other provision of Federal law providing a service providers. arrangements (including hotels and motels definition of ‘‘homeless’’, ‘‘homeless indi- Sec. 105. Authorization of appropriations. paid for by Federal, State, or local govern- vidual’’, or ‘‘homeless person’’ for purposes TITLE II—EMERGENCY SOLUTIONS ment programs for low-income individuals or GRANTS PROGRAM other than such Act, except to the extent by charitable organizations, congregate shel- that such provision refers to such section 103 Sec. 201. Grant assistance. ters, and transitional housing); or the definition provided in such section 103. Sec. 202. Eligible activities. ‘‘(4) an individual who resided in a shelter SEC. 4. UNITED STATES INTERAGENCY COUNCIL Sec. 203. Participation in Homeless Manage- or place not meant for human habitation and ON HOMELESSNESS. ment Information System. who is exiting an institution where he or she (a) IN GENERAL.—Title II of the McKinney- Sec. 204. Administrative provision. temporarily resided; Vento Homeless Assistance Act (42 U.S.C. Sec. 205. GAO study of administrative fees. ‘‘(5) an individual or family who— 11311 et seq.) is amended— TITLE III—CONTINUUM OF CARE ‘‘(A) will imminently lose their housing, (1) in section 201 (42 U.S.C. 11311), by insert- PROGRAM including housing they own, rent, or live in ing before the period at the end the following Sec. 301. Continuum of care. without paying rent, are sharing with others, ‘‘whose mission shall be to coordinate the Sec. 302. Eligible activities. and rooms in hotels or motels not paid for by Federal response to homelessness and to cre- Sec. 303. High performing communities. Federal, State, or local government pro- ate a national partnership at every level of Sec. 304. Program requirements. grams for low-income individuals or by char- government and with the private sector to Sec. 305. Selection criteria, allocation itable organizations, as evidenced by— reduce and end homelessness in the nation amounts, and funding. ‘‘(i) a court order resulting from an evic- while maximizing the effectiveness of the Sec. 306. Research. tion action that notifies the individual or Federal Government in contributing to the TITLE IV—RURAL HOUSING STABILITY family that they must leave within 14 days; end of homelessness’’; ASSISTANCE PROGRAM ‘‘(ii) the individual or family having a pri- (2) in section 202 (42 U.S.C. 11312)— mary nighttime residence that is a room in (A) in subsection (a)— Sec. 401. Rural housing stability assistance. a hotel or motel and where they lack the re- (i) by redesignating paragraph (16) as para- Sec. 402. GAO study of homelessness and sources necessary to reside there for more graph (22); and homeless assistance in rural than 14 days; or (ii) by inserting after paragraph (15) the areas. ‘‘(iii) credible evidence indicating that the following: TITLE V—REPEALS AND CONFORMING owner or renter of the housing will not allow ‘‘(16) The Commissioner of Social Security, AMENDMENTS the individual or family to stay for more or the designee of the Commissioner. Sec. 501. Repeals. than 14 days, and any oral statement from an ‘‘(17) The Attorney General of the United Sec. 502. Conforming amendments. individual or family seeking homeless assist- States, or the designee of the Attorney Gen- Sec. 503. Effective date. ance that is found to be credible shall be con- eral. Sec. 504. Regulations. sidered credible evidence for purposes of this ‘‘(18) The Director of the Office of Manage- Sec. 505. Amendment to table of contents. clause; ment and Budget, or the designee of the Di- SEC. 2. FINDINGS AND PURPOSES. ‘‘(B) has no subsequent residence identi- rector. (a) FINDINGS.—The Congress finds that— fied; and ‘‘(19) The Director of the Office of Faith- (1) a lack of affordable housing and limited ‘‘(C) lacks the resources or support net- Based and Community Initiatives, or the scale of housing assistance programs are the works needed to obtain other permanent designee of the Director. primary causes of homelessness; and housing; and ‘‘(20) The Director of USA FreedomCorps, (2) homelessness affects all types of com- ‘‘(6) unaccompanied youth and homeless or the designee of the Director.’’; munities in the United States, including families with children and youth defined as (B) in subsection (c), by striking ‘‘annu- rural, urban, and suburban areas. homeless under other Federal statutes who— ally’’ and inserting ‘‘four times each year,

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and the rotation of the positions of Chair- ing of representatives of all Federal agencies ‘‘(1) AT RISK OF HOMELESSNESS.—The term person and Vice Chairperson required under and committees of the House of Representa- ‘at risk of homelessness’ means, with respect subsection (b) shall occur at the first meet- tives and the Senate having jurisdiction over to an individual or family, that the indi- ing of each year’’; and any Federal program to assist homeless individual or family— (C) by adding at the end the following: viduals or families, local and State govern- ‘‘(A) has income below 30 percent of me- ‘‘(e) ADMINISTRATION.—The Executive Di- ments, academic researchers who specialize dian income for the geographic area; rector of the Council shall report to the in homelessness, nonprofit housing and serv- ‘‘(B) has insufficient resources imme- Chairman of the Council.’’; ice providers that receive funding under any diately available to attain housing stability; (3) in section 203(a) (42 U.S.C. 11313(a))— Federal program to assist homeless individ- and (A) by redesignating paragraphs (1), (2), (3), uals or families, organizations advocating on ‘‘(C)(i) has moved frequently because of (4), (5), (6), and (7) as paragraphs (2), (3), (4), behalf of such nonprofit providers and home- economic reasons; (5), (9), (10), and (11), respectively; less persons receiving housing or services ‘‘(ii) is living in the home of another be- (B) by inserting before paragraph (2), as so under any such Federal program, and home- cause of economic hardship; redesignated by subparagraph (A), the fol- less persons receiving housing or services ‘‘(iii) has been notified that their right to lowing: under any such Federal program, at which occupy their current housing or living situa- ‘‘(1) not later than 12 months after the date meeting such representatives shall discuss tion will be terminated; of the enactment of the Homeless Emergency all issues relevant to whether the definitions ‘‘(iv) lives in a hotel or motel; Assistance and Rapid Transition to Housing of ‘homeless’ under paragraphs (1) through ‘‘(v) lives in severely overcrowded housing; Act of 2009, develop, make available for pub- (4) of section 103(a) of the McKinney-Vento ‘‘(vi) is exiting an institution; or lic comment, and submit to the President Homeless Assistance Act, as amended by sec- ‘‘(vii) otherwise lives in housing that has and to Congress a National Strategic Plan to tion 3 of the Homeless Emergency Assistance characteristics associated with instability End Homelessness, and shall update such and Rapid Transition to Housing Act of 2009, and an increased risk of homelessness. plan annually;’’; should be modified by the Congress, includ- Such term includes all families with children (C) in paragraph (5), as redesignated by ing whether there is a compelling need for a and youth defined as homeless under other subparagraph (A), by striking ‘‘at least 2, but uniform definition of homelessness under Federal statutes. in no case more than 5’’ and inserting ‘‘not Federal law, the extent to which the dif- ‘‘(2) CHRONICALLY HOMELESS.— less than 5, but in no case more than 10’’; ferences in such definitions create barriers ‘‘(A) IN GENERAL.—The term ‘chronically (D) by inserting after paragraph (5), as so for individuals to accessing services and to homeless’ means, with respect to an indi- redesignated by subparagraph (A), the fol- collaboration between agencies, and the rel- vidual or family, that the individual or fam- lowing: ative availability, and barriers to access by ily— ‘‘(6) encourage the creation of State Inter- persons defined as homeless, of mainstream ‘‘(i) is homeless and lives or resides in a agency Councils on Homelessness and the programs identified by the Government Ac- place not meant for human habitation, a safe formulation of jurisdictional 10-year plans to countability Office in the two reports identi- haven, or in an emergency shelter; end homelessness at State, city, and county fied in paragraph (7) of this subsection; and ‘‘(ii) has been homeless and living or resid- levels; shall submit transcripts of such meeting, ing in a place not meant for human habi- ‘‘(7) annually obtain from Federal agencies and any majority and dissenting rec- tation, a safe haven, or in an emergency their identification of consumer-oriented en- ommendations from such meetings, to each shelter continuously for at least 1 year or on titlement and other resources for which per- committee of the House of Representatives at least 4 separate occasions in the last 3 sons experiencing homelessness may be eligi- and the Senate having jurisdiction over any years; and ble and the agencies’ identification of im- Federal program to assist homeless individ- ‘‘(iii) has an adult head of household (or a provements to ensure access; develop mecha- uals or families not later than the expiration minor head of household if no adult is nisms to ensure access by persons experi- of the 60-day period beginning upon conclu- present in the household) with a diagnosable encing homelessness to all Federal, State, sion of such meeting.’’. substance use disorder, serious mental ill- and local programs for which the persons are (4) in section 203(b)(1) (42 U.S.C. 11313(b))— ness, developmental disability (as defined in eligible, and to verify collaboration among (A) by striking ‘‘Federal’’ and inserting section 102 of the Developmental Disabilities entities within a community that receive ‘‘national’’; Assistance and Bill of Rights Act of 2000 (42 Federal funding under programs targeted for (B) by striking ‘‘; and’’ and inserting ‘‘and U.S.C. 15002)), post traumatic stress disorder, persons experiencing homelessness, and pay for expenses of attendance at meetings cognitive impairments resulting from a other programs for which persons experi- which are concerned with the functions or brain injury, or chronic physical illness or encing homelessness are eligible, including activities for which the appropriation is disability, including the co-occurrence of 2 mainstream programs identified by the Gov- made;’’; or more of those conditions. ernment Accountability Office in the reports (5) in section 205(d) (42 U.S.C. 11315(d)), by ‘‘(B) RULE OF CONSTRUCTION.—A person who entitled ‘Homelessness: Coordination and striking ‘‘property.’’ and inserting ‘‘prop- currently lives or resides in an institutional Evaluation of Programs Are Essential’, care facility, including a jail, substance erty, both real and personal, public and pri- issued February 26, 1999, and ‘Homelessness: abuse or mental health treatment facility, vate, without fiscal year limitation, for the Barriers to Using Mainstream Programs’, hospital or other similar facility, and has re- purpose of aiding or facilitating the work of issued July 6, 2000; sided there for fewer than 90 days shall be the Council.’’; and ‘‘(8) conduct research and evaluation re- considered chronically homeless if such per- (6) by striking section 208 (42 U.S.C. 11318) lated to its functions as defined in this sec- son met all of the requirements described in and inserting the following: tion; subparagraph (A) prior to entering that facil- ‘‘(9) develop joint Federal agency and other ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. ity. ‘‘There are authorized to be appropriated initiatives to fulfill the goals of the agen- ‘‘(3) COLLABORATIVE APPLICANT.—The term to carry out this title $3,000,000 for fiscal cy;’’; ‘collaborative applicant’ means an entity year 2010 and such sums as may be necessary (E) in paragraph (10), as so redesignated by that— for fiscal years 2011. Any amounts appro- subparagraph (A), by striking ‘‘and’’ at the ‘‘(A) carries out the duties specified in sec- priated to carry out this title shall remain end; tion 402; available until expended.’’. (F) in paragraph (11), as so redesignated by (b) EFFECTIVE DATE.—The amendments ‘‘(B) serves as the applicant for project subparagraph (A), by striking the period at made by subsection (a) shall take effect on, sponsors who jointly submit a single applica- the end and inserting a semicolon; and shall apply beginning on, the date of the tion for a grant under subtitle C in accord- (G) by adding at the end the following new enactment of this Act . ance with a collaborative process; and paragraphs: ‘‘(C) if the entity is a legal entity and is TITLE I—HOUSING ASSISTANCE GENERAL ‘‘(12) develop constructive alternatives to awarded such grant, receives such grant di- PROVISIONS criminalizing homelessness and eliminate rectly from the Secretary. SEC. 101. DEFINITIONS. laws and policies that prohibit sleeping, ‘‘(4) COLLABORATIVE APPLICATION.—The feeding, sitting, resting, or lying in public Subtitle A of title IV of the McKinney- term ‘collaborative application’ means an spaces when there are no suitable alter- Vento Homeless Assistance Act (42 U.S.C. application for a grant under subtitle C 11361 et seq.) is amended— natives, result in the destruction of a home- that— (1) by striking the subtitle heading and in- less person’s property without due process, ‘‘(A) satisfies section 422; and serting the following: or are selectively enforced against homeless ‘‘(B) is submitted to the Secretary by a persons; and ‘‘Subtitle A—General Provisions’’; collaborative applicant. ‘‘(13) not later than the expiration of the 6- (2) by redesignating sections 401 and 402 (42 ‘‘(5) CONSOLIDATED PLAN.—The term ‘Con- month period beginning upon completion of U.S.C. 11361, 11362) as sections 403 and 406, re- solidated Plan’ means a comprehensive hous- the study requested in a letter to the Acting spectively; and ing affordability strategy and community Comptroller General from the Chair and (3) by inserting before section 403 (as so re- development plan required in part 91 of title Ranking Member of the House Financial designated by paragraph (2) of this section) 24, Code of Federal Regulations. Services Committee and several other mem- the following new section: ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible bers regarding various definitions of home- ‘‘SEC. 401. DEFINITIONS. entity’ means, with respect to a subtitle, a lessness in Federal statutes, convene a meet- ‘‘For purposes of this title: public entity, a private entity, or an entity

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that is a combination of public and private ‘‘(15) PERMANENT HOUSING.—The term ‘per- grant under subtitle C to the Secretary, and, entities, that is eligible to directly receive manent housing’ means community-based if awarded such grant, receives such grant grant amounts under such subtitle. housing without a designated length of stay, directly from the Secretary. ‘‘(7) FAMILIES WITH CHILDREN AND YOUTH DE- and includes both permanent supportive ‘‘(25) SPONSOR-BASED.—The term ‘sponsor- FINED AS HOMELESS UNDER OTHER FEDERAL housing and permanent housing without sup- based’ means, with respect to rental assist- STATUTES.—The term ‘families with children portive services. ance, that the assistance is provided pursu- and youth defined as homeless under other ‘‘(16) PERSONALLY IDENTIFYING INFORMA- ant to a contract that— Federal statutes’ means any children or TION.—The term ‘personally identifying in- ‘‘(A) is between— youth that are defined as ‘homeless’ under formation’ means individually identifying ‘‘(i) the recipient or a project sponsor; and any Federal statute other than this subtitle, information for or about an individual, in- ‘‘(ii) an independent entity that— but are not defined as homeless under sec- cluding information likely to disclose the lo- ‘‘(I) is a private organization; and tion 103, and shall also include the parent, cation of a victim of domestic violence, dat- ‘‘(II) owns or leases dwelling units; and parents, or guardian of such children or ing violence, sexual assault, or stalking, in- ‘‘(B) provides that rental assistance pay- youth under subtitle B of title VII this Act cluding— ments shall be made to the independent enti- (42 U.S.C. 11431 et seq.). ‘‘(A) a first and last name; ty and that eligible persons shall occupy ‘‘(8) GEOGRAPHIC AREA.—The term ‘geo- ‘‘(B) a home or other physical address; such assisted units. graphic area’ means a State, metropolitan ‘‘(C) contact information (including a post- ‘‘(26) STATE.—Except as used in subtitle B, city, urban county, town, village, or other al, e-mail or Internet protocol address, or the term ‘State’ means each of the several nonentitlement area, or a combination or telephone or facsimile number); States, the District of Columbia, the Com- consortia of such, in the United States, as ‘‘(D) a social security number; and monwealth of Puerto Rico, the United States described in section 106 of the Housing and ‘‘(E) any other information, including date Virgin Islands, Guam, American Samoa, the Community Development Act of 1974 (42 of birth, racial or ethnic background, or reli- Commonwealth of the Northern Mariana Is- U.S.C. 5306). gious affiliation, that, in combination with lands, the Trust Territory of the Pacific Is- ‘‘(9) HOMELESS INDIVIDUAL WITH A DIS- any other non-personally identifying infor- lands, and any other territory or possession ABILITY.— mation, would serve to identify any indi- of the United States. ‘‘(A) IN GENERAL.—The term ‘homeless in- vidual. ‘‘(27) SUPPORTIVE SERVICES.—The term dividual with a disability’ means an indi- ‘‘(17) PRIVATE NONPROFIT ORGANIZATION.— ‘supportive services’ means services that ad- vidual who is homeless, as defined in section The term ‘private nonprofit organization’ dress the special needs of people served by a 103, and has a disability that— means an organization— project, including— ‘‘(i)(I) is expected to be long-continuing or ‘‘(A) no part of the net earnings of which ‘‘(A) the establishment and operation of a of indefinite duration; inures to the benefit of any member, found- child care services program for families ex- ‘‘(II) substantially impedes the individual’s er, contributor, or individual; periencing homelessness; ability to live independently; ‘‘(B) that has a voluntary board; ‘‘(B) the establishment and operation of an ‘‘(III) could be improved by the provision of ‘‘(C) that has an accounting system, or has employment assistance program, including more suitable housing conditions; and designated a fiscal agent in accordance with providing job training; ‘‘(IV) is a physical, mental, or emotional requirements established by the Secretary; ‘‘(C) the provision of outpatient health impairment, including an impairment caused and services, food, and case management; by alcohol or drug abuse, post traumatic ‘‘(D) that practices nondiscrimination in ‘‘(D) the provision of assistance in obtain- stress disorder, or brain injury; the provision of assistance. ing permanent housing, employment coun- ‘‘(ii) is a developmental disability, as de- ‘‘(18) PROJECT.—The term ‘project’ means, seling, and nutritional counseling; fined in section 102 of the Developmental with respect to activities carried out under ‘‘(E) the provision of outreach services, ad- Disabilities Assistance and Bill of Rights Act subtitle C, eligible activities described in vocacy, life skills training, and housing of 2000 (42 U.S.C. 15002); or section 423(a), undertaken pursuant to a spe- search and counseling services; ‘‘(iii) is the disease of acquired immuno- cific endeavor, such as serving a particular ‘‘(F) the provision of mental health serv- deficiency syndrome or any condition arising population or providing a particular re- ices, trauma counseling, and victim services; from the etiologic agency for acquired im- source. ‘‘(G) the provision of assistance in obtain- munodeficiency syndrome. ‘‘(19) PROJECT-BASED.—The term ‘project- ing other Federal, State, and local assistance ‘‘(B) RULE.—Nothing in clause (iii) of sub- based’ means, with respect to rental assist- available for residents of supportive housing paragraph (A) shall be construed to limit eli- ance, that the assistance is provided pursu- (including mental health benefits, employ- gibility under clause (i) or (ii) of subpara- ant to a contract that— ment counseling, and medical assistance, but graph (A). ‘‘(A) is between— not including major medical equipment); ‘‘(10) LEGAL ENTITY.—The term ‘legal enti- ‘‘(i) the recipient or a project sponsor; and ‘‘(H) the provision of legal services for pur- ty’ means— ‘‘(ii) an owner of a structure that exists as poses including requesting reconsiderations ‘‘(A) an entity described in section 501(c)(3) of the date the contract is entered into; and and appeals of veterans and public benefit of the Internal Revenue Code of 1986 (26 ‘‘(B) provides that rental assistance pay- claim denials and resolving outstanding war- U.S.C. 501(c)(3)) and exempt from tax under ments shall be made to the owner and that rants that interfere with an individual’s abil- section 501(a) of such Code; the units in the structure shall be occupied ity to obtain and retain housing; ‘‘(B) an instrumentality of State or local by eligible persons for not less than the term ‘‘(I) the provision of— government; or of the contract. ‘‘(i) transportation services that facilitate ‘‘(C) a consortium of instrumentalities of ‘‘(20) PROJECT SPONSOR.—The term ‘project an individual’s ability to obtain and main- State or local governments that has con- sponsor’ means, with respect to proposed eli- tain employment; and stituted itself as an entity. gible activities, the organization directly re- ‘‘(ii) health care; and ‘‘(11) METROPOLITAN CITY; URBAN COUNTY; sponsible for carrying out the proposed eligi- ‘‘(J) other supportive services necessary to NONENTITLEMENT AREA.—The terms ‘metro- ble activities. obtain and maintain housing. politan city’, ‘urban county’, and ‘non- ‘‘(21) RECIPIENT.—Except as used in sub- ‘‘(28) TENANT-BASED.—The term ‘tenant- entitlement area’ have the meanings given title B, the term ‘recipient’ means an eligi- based’ means, with respect to rental assist- such terms in section 102(a) of the Housing ble entity who— ance, assistance that— and Community Development Act of 1974 (42 ‘‘(A) submits an application for a grant ‘‘(A) allows an eligible person to select a U.S.C. 5302(a)). under section 422 that is approved by the housing unit in which such person will live ‘‘(12) NEW.—The term ‘new’ means, with re- Secretary; using rental assistance provided under sub- spect to housing, that no assistance has been ‘‘(B) receives the grant directly from the title C, except that if necessary to assure provided under this title for the housing. Secretary to support approved projects de- that the provision of supportive services to a ‘‘(13) OPERATING COSTS.—The term ‘oper- scribed in the application; and person participating in a program is feasible, ating costs’ means expenses incurred by a ‘‘(C)(i) serves as a project sponsor for the a recipient or project sponsor may require project sponsor operating transitional hous- projects; or that the person live— ing or permanent housing under this title ‘‘(ii) awards the funds to project sponsors ‘‘(i) in a particular structure or unit for with respect to— to carry out the projects. not more than the first year of the participa- ‘‘(A) the administration, maintenance, re- ‘‘(22) SECRETARY.—The term ‘Secretary’ tion; pair, and security of such housing; means the Secretary of Housing and Urban ‘‘(ii) within a particular geographic area ‘‘(B) utilities, fuel, furnishings, and equip- Development. for the full period of the participation, or the ment for such housing; or ‘‘(23) SERIOUS MENTAL ILLNESS.—The term period remaining after the period referred to ‘‘(C) coordination of services as needed to ‘serious mental illness’ means a severe and in subparagraph (A); and ensure long-term housing stability. persistent mental illness or emotional im- ‘‘(B) provides that a person may receive ‘‘(14) OUTPATIENT HEALTH SERVICES.—The pairment that seriously limits a person’s such assistance and move to another struc- term ‘outpatient health services’ means out- ability to live independently. ture, unit, or geographic area if the person patient health care services, mental health ‘‘(24) SOLO APPLICANT.—The term ‘solo ap- has complied with all other obligations of services, and outpatient substance abuse plicant’ means an entity that is an eligible the program and has moved out of the as- services. entity, directly submits an application for a sisted dwelling unit in order to protect the

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.218 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4361 health or safety of an individual who is or ‘‘(B) receive and distribute grant funds funding agency for a geographic area under has been the victim of domestic violence, awarded under subtitle C; and paragraph (1) shall— dating violence, sexual assault, or stalking, ‘‘(C) perform other administrative duties. ‘‘(A) require each project sponsor who is and who reasonably believed he or she was ‘‘(2) RETENTION OF DUTIES.—Any collabo- funded by a grant received under subtitle C imminently threatened by harm from fur- rative applicant that designates an agent to establish such fiscal control and fund ac- ther violence if he or she remained in the as- pursuant to paragraph (1) shall regardless of counting procedures as may be necessary to sisted dwelling unit. such designation retain all of its duties and assure the proper disbursal of, and account- ‘‘(29) TRANSITIONAL HOUSING.—The term responsibilities under this title. ing for, Federal funds awarded to the project ‘transitional housing’ means housing the ‘‘(f) DUTIES.—A collaborative applicant sponsor under subtitle C in order to ensure purpose of which is to facilitate the move- shall— that all financial transactions carried out ment of individuals and families experi- ‘‘(1) design a collaborative process for the under subtitle C are conducted, and records encing homelessness to permanent housing development of an application under subtitle maintained, in accordance with generally ac- within 24 months or such longer period as C, and for evaluating the outcomes of cepted accounting principles; and the Secretary determines necessary. projects for which funds are awarded under ‘‘(B) arrange for an annual survey, audit, ‘‘(30) UNIFIED FUNDING AGENCY.—The term subtitle B, in such a manner as to provide in- or evaluation of the financial records of each ‘unified funding agency’ means a collabo- formation necessary for the Secretary— project carried out by a project sponsor fund- rative applicant that performs the duties de- ‘‘(A) to determine compliance with— ed by a grant received under subtitle C. scribed in section 402(g). ‘‘(i) the program requirements under sec- ‘‘(h) CONFLICT OF INTEREST.—No board ‘‘(31) UNDERSERVED POPULATIONS.—The tion 426; and member of a collaborative applicant may term ‘underserved populations’ includes pop- ‘‘(ii) the selection criteria described under participate in decisions of the collaborative ulations underserved because of geographic section 427; and applicant concerning the award of a grant, or location, underserved racial and ethnic popu- ‘‘(B) to establish priorities for funding provision of other financial benefits, to such lations, populations underserved because of projects in the geographic area involved; member or the organization that such mem- special needs (such as language barriers, dis- ‘‘(2) participate in the Consolidated Plan ber represents.’’. for the geographic area served by the col- abilities, alienage status, or age), and any SEC. 103. GENERAL PROVISIONS. laborative applicant; and other population determined to be under- Subtitle A of the McKinney-Vento Home- served by the Secretary, as appropriate. ‘‘(3) ensure operation of, and consistent participation by, project sponsors in a com- less Assistance Act (42 U.S.C. 11361 et seq.) is ‘‘(32) VICTIM SERVICE PROVIDER.—The term munity-wide homeless management informa- amended by inserting after section 403 (as so ‘victim service provider’ means a private tion system (in this subsection referred to as redesignated by section 101(2) of this Act) the nonprofit organization whose primary mis- ‘HMIS’) that— following new sections: sion is to provide services to victims of do- ‘‘(A) collects unduplicated counts of indi- ‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY mestic violence, dating violence, sexual as- viduals and families experiencing homeless- SEPARATION. sault, or stalking. Such term includes rape ness; ‘‘(a) IN GENERAL.—After the expiration of crisis centers, battered women’s shelters, do- ‘‘(B) analyzes patterns of use of assistance the 2-year period that begins upon the date mestic violence transitional housing pro- provided under subtitles B and C for the geo- of the enactment of the Homeless Emergency grams, and other programs. graphic area involved; Assistance and Rapid Transition to Housing ‘‘(33) VICTIM SERVICES.—The term ‘victim ‘‘(C) provides information to project spon- Act of 2009, and except as provided in sub- services’ means services that assist domestic sors and applicants for needs analyses and section (b), any project sponsor receiving violence, dating violence, sexual assault, or funding priorities; and funds under this title to provide emergency stalking victims, including services offered ‘‘(D) is developed in accordance with stand- shelter, transitional housing, or permanent by rape crisis centers and domestic violence ards established by the Secretary, including housing to families with children under age shelters, and other organizations, with a doc- standards that provide for— 18 shall not deny admission to any family umented history of effective work con- ‘‘(i) encryption of data collected for pur- based on the age of any child under age 18. cerning domestic violence, dating violence, poses of HMIS; ‘‘(b) EXCEPTION.—Notwithstanding the re- sexual assault, or stalking.’’. ‘‘(ii) documentation, including keeping an quirement under subsection (a), project SEC. 102. COMMUNITY HOMELESS ASSISTANCE accurate accounting, proper usage, and dis- sponsors of transitional housing receiving PLANNING BOARDS. closure, of HMIS data; funds under this title may target transi- Subtitle A of title IV of the McKinney- ‘‘(iii) access to HMIS data by staff, con- tional housing resources to families with Vento Homeless Assistance Act (42 U.S.C. tractors, law enforcement, and academic re- children of a specific age only if the project 11361 et seq.) is amended by inserting after searchers; sponsor— section 401 (as added by section 101(3) of this ‘‘(iv) rights of persons receiving services ‘‘(1) operates a transitional housing pro- Act) the following new section: under this title; gram that has a primary purpose of imple- ‘‘SEC. 402. COLLABORATIVE APPLICANTS. ‘‘(v) criminal and civil penalties for unlaw- menting an evidence-based practice that re- ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A ful disclosure of data; and quires that housing units be targeted to fam- collaborative applicant shall be established ‘‘(vi) such other standards as may be deter- ilies with children in a specific age group; for a geographic area by the relevant parties mined necessary by the Secretary. and in that geographic area to— ‘‘(g) UNIFIED FUNDING.— ‘‘(2) provides such assurances, as the Sec- ‘‘(1) submit an application for amounts ‘‘(1) IN GENERAL.—In addition to the duties retary shall require, that an equivalent ap- under this subtitle; and described in subsection (f), a collaborative propriate alternative living arrangement for ‘‘(2) perform the duties specified in sub- applicant shall receive from the Secretary the whole family or household unit has been section (f) and, if applicable, subsection (g). and distribute to other project sponsors in secured. ‘‘(b) NO REQUIREMENT TO BEALEGAL ENTI- the applicable geographic area funds for ‘‘SEC. 405. TECHNICAL ASSISTANCE. TY.—An entity may be established to serve projects to be carried out by such other ‘‘(a) IN GENERAL.—The Secretary shall as a collaborative applicant under this sec- project sponsors, if— make available technical assistance to pri- tion without being a legal entity. ‘‘(A) the collaborative applicant— vate nonprofit organizations and other non- ‘‘(c) REMEDIAL ACTION.—If the Secretary ‘‘(i) applies to undertake such collection governmental entities, States, metropolitan finds that a collaborative applicant for a ge- and distribution responsibilities in an appli- cities, urban counties, and counties that are ographic area does not meet the require- cation submitted under this subtitle; and not urban counties, to implement effective ments of this section, or if there is no col- ‘‘(ii) is selected to perform such respon- planning processes for preventing and ending laborative applicant for a geographic area, sibilities by the Secretary; or homelessness, to improve their capacity to the Secretary may take remedial action to ‘‘(B) the Secretary designates the collabo- prepare collaborative applications, to pre- ensure fair distribution of grant amounts rative applicant as the unified funding agen- vent the separation of families in emergency under subtitle C to eligible entities within cy in the geographic area, after— shelter or other housing programs, and to that area. Such measures may include desig- ‘‘(i) a finding by the Secretary that the ap- adopt and provide best practices in housing nating another body as a collaborative appli- plicant— and services for persons experiencing home- cant, or permitting other eligible entities to ‘‘(I) has the capacity to perform such re- less. apply directly for grants. sponsibilities; and ‘‘(b) RESERVATION.—The Secretary shall re- ‘‘(d) CONSTRUCTION.—Nothing in this sec- ‘‘(II) would serve the purposes of this Act serve not more than 1 percent of the funds tion shall be construed to displace conflict of as they apply to the geographic area; and made available for any fiscal year for car- interest or government fair practices laws, ‘‘(ii) the Secretary provides the collabo- rying out subtitles B and C, to provide tech- or their equivalent, that govern applicants rative applicant with the technical assist- nical assistance under subsection (a).’’. for grant amounts under subtitles B and C. ance necessary to perform such responsibil- SEC. 104. PROTECTION OF PERSONALLY IDENTI- ‘‘(e) APPOINTMENT OF AGENT.— ities as such assistance is agreed to by the FYING INFORMATION BY VICTIM ‘‘(1) IN GENERAL.—Subject to paragraph (2), collaborative applicant. SERVICE PROVIDERS. a collaborative applicant may designate an ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND- Subtitle A of the McKinney-Vento Home- agent to— ING AGENCY.—A collaborative applicant that less Assistance Act (42 U.S.C. 11361 et seq.), ‘‘(A) apply for a grant under section 422(c); is either selected or designated as a unified as amended by the preceding provisions of

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.218 S02APPT1 rfrederick on PROD1PC67 with SENATE S4362 CONGRESSIONAL RECORD — SENATE April 2, 2009 this title, is further amended by adding at inserting ‘‘amounts appropriated under sec- amended by striking ‘‘5 percent’’ and insert- the end the following new section: tion 408 and made available to carry out this ing ‘‘7.5 percent’’. ‘‘SEC. 407. PROTECTION OF PERSONALLY IDENTI- subtitle for any’’. SEC. 205. GAO STUDY OF ADMINISTRATIVE FEES. FYING INFORMATION BY VICTIM SEC. 202. ELIGIBLE ACTIVITIES. Not later than the expiration of the 12- SERVICE PROVIDERS. The McKinney-Vento Homeless Assistance month period beginning on the date of the ‘‘In the course of awarding grants or imple- Act is amended by striking section 415 (42 enactment of this Act, the Comptroller Gen- menting programs under this title, the Sec- U.S.C. 11374), as so redesignated by section eral of the United States shall— retary shall instruct any victim service pro- 201(3) of this Act, and inserting the following (1) conduct a study to examine the appro- vider that is a recipient or subgrantee not to new section: priate administrative costs for admin- disclose for purposes of the Homeless Man- ‘‘SEC. 415. ELIGIBLE ACTIVITIES. istering the program authorized under sub- agement Information System any personally ‘‘(a) IN GENERAL.—Assistance provided title B of title IV of the McKinney-Vento identifying information about any client. under section 412 may be used for the fol- Homeless Assistance Act (42 U.S.C. 11371 et The Secretary may, after public notice and lowing activities: seq.); and comment, require or ask such recipients and ‘‘(1) The renovation, major rehabilitation, (2) submit to Congress a report on the find- subgrantees to disclose for purposes of the or conversion of buildings to be used as ings of the study required under paragraph Homeless Management Information System emergency shelters. (1). non-personally identifying information that ‘‘(2) The provision of essential services re- TITLE III—CONTINUUM OF CARE has been de-identified, encrypted, or other- lated to emergency shelter or street out- PROGRAM wise encoded. Nothing in this section shall reach, including services concerned with em- be construed to supersede any provision of ployment, health, education, family support SEC. 301. CONTINUUM OF CARE. any Federal, State, or local law that pro- services for homeless youth, substance abuse The McKinney-Vento Homeless Assistance vides greater protection than this subsection services, victim services, or mental health Act is amended— for victims of domestic violence, dating vio- services, if— (1) by striking the subtitle heading for sub- lence, sexual assault, or stalking.’’. ‘‘(A) such essential services have not been title C of title IV (42 U.S.C. 11381 et seq.) and SEC. 105. AUTHORIZATION OF APPROPRIATIONS. provided by the local government during any inserting the following: Subtitle A of the McKinney-Vento Home- part of the immediately preceding 12-month ‘‘Subtitle C—Continuum of Care Program’’; less Assistance Act (42 U.S.C. 11361 et seq.), period or the Secretary determines that the and as amended by the preceding provisions of local government is in a severe financial def- (2) by striking sections 421 and 422 (42 this title, is further amended by adding at icit; or U.S.C. 11381 and 11382) and inserting the fol- the end the following new section: ‘‘(B) the use of assistance under this sub- lowing new sections: ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. title would complement the provision of ‘‘SEC. 421. PURPOSES. ‘‘There are authorized to be appropriated those essential services. ‘‘The purposes of this subtitle are— to carry out this title $2,200,000,000 for fiscal ‘‘(3) Maintenance, operation, insurance, ‘‘(1) to promote community-wide commit- year 2010 and such sums as may be necessary provision of utilities, and provision of fur- ment to the goal of ending homelessness; for fiscal year 2011.’’. nishings related to emergency shelter. ‘‘(2) to provide funding for efforts by non- ‘‘(4) Provision of rental assistance to pro- TITLE II—EMERGENCY SOLUTIONS profit providers and State and local govern- vide short-term or medium-term housing to GRANTS PROGRAM ments to quickly rehouse homeless individ- homeless individuals or families or individuals and families while minimizing the trau- SEC. 201. GRANT ASSISTANCE. uals or families at risk of homelessness. Subtitle B of title IV of the McKinney- ma and dislocation caused to individuals, Such rental assistance may include tenant- families, and communities by homelessness; Vento Homeless Assistance Act (42 U.S.C. based or project-based rental assistance. 11371 et seq.) is amended— ‘‘(3) to promote access to, and effective uti- ‘‘(5) Housing relocation or stabilization lization of, mainstream programs described (1) by striking the subtitle heading and in- services for homeless individuals or families serting the following: in section 203(a)(7) and programs funded with or individuals or families at risk of home- State or local resources; and ‘‘Subtitle B—Emergency Solutions Grants lessness, including housing search, medi- ‘‘(4) to optimize self-sufficiency among in- Program’’; ation or outreach to property owners, legal dividuals and families experiencing home- (2) by striking section 417 (42 U.S.C. 11377); services, credit repair, providing security or lessness. utility deposits, utility payments, rental as- (3) by redesignating sections 413 through ‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS 416 (42 U.S.C. 11373–6) as sections 414 through sistance for a final month at a location, as- AND GRANTS. sistance with moving costs, or other activi- 417, respectively; and ‘‘(a) PROJECTS.—The Secretary shall award (4) by striking section 412 (42 U.S.C. 11372) ties that are effective at— grants, on a competitive basis, and using the and inserting the following: ‘‘(A) stabilizing individuals and families in selection criteria described in section 427, to ‘‘SEC. 412. GRANT ASSISTANCE. their current housing; or carry out eligible activities under this sub- ‘‘The Secretary shall make grants to ‘‘(B) quickly moving such individuals and title for projects that meet the program re- States and local governments (and to private families to other permanent housing. quirements under section 426, either by di- ‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY nonprofit organizations providing assistance rectly awarding funds to project sponsors or SHELTER ACTIVITIES.—A grantee of assist- to persons experiencing homelessness or at ance provided under section 412 for any fiscal by awarding funds to unified funding agen- risk of homelessness, in the case of grants year may not use an amount of such assist- cies. made with reallocated amounts) for the pur- ance for activities described in paragraphs ‘‘(b) NOTIFICATION OF FUNDING AVAIL- pose of carrying out activities described in (1) through (3) of subsection (a) that exceeds ABILITY.—The Secretary shall release a noti- section 415. the greater of— fication of funding availability for grants ‘‘SEC. 413. AMOUNT AND ALLOCATION OF ASSIST- ‘‘(1) 60 percent of the aggregate amount of awarded under this subtitle for a fiscal year ANCE. such assistance provided for the grantee for not later than 3 months after the date of the ‘‘(a) IN GENERAL.—Of the amount made such fiscal year; or enactment of the appropriate Act making available to carry out this subtitle and sub- ‘‘(2) the amount expended by such grantee appropriations for the Department of Hous- title C for a fiscal year, the Secretary shall for such activities during fiscal year most re- ing and Urban Development for such fiscal allocate nationally 20 percent of such cently completed before the effective date year. amount for activities described in section under section 503 of the Homeless Emergency ‘‘(c) APPLICATIONS.— 415. The Secretary shall be required to cer- Assistance and Rapid Transition to Housing ‘‘(1) SUBMISSION TO THE SECRETARY.—To be tify that such allocation will not adversely Act of 2009.’’. eligible to receive a grant under subsection affect the renewal of existing projects under (a), a project sponsor or unified funding SEC. 203. PARTICIPATION IN HOMELESS MANAGE- this subtitle and subtitle C for those individ- MENT INFORMATION SYSTEM. agency in a geographic area shall submit an uals or families who are homeless. Section 416 of the McKinney-Vento Home- application to the Secretary at such time ‘‘(b) ALLOCATION.—An entity that receives less Assistance Act (42 U.S.C. 11375), as so re- and in such manner as the Secretary may re- a grant under section 412, and serves an area designated by section 201(3) of this Act, is quire, and containing such information as that includes 1 or more geographic areas (or amended by adding at the end the following the Secretary determines necessary— portions of such areas) served by collabo- new subsection: ‘‘(A) to determine compliance with the pro- rative applicants that submit applications ‘‘(f) PARTICIPATION IN HMIS.—The Sec- gram requirements and selection criteria under subtitle C, shall allocate the funds retary shall ensure that recipients of funds under this subtitle; and made available through the grant to carry under this subtitle ensure the consistent par- ‘‘(B) to establish priorities for funding out activities described in section 415, in ticipation by emergency shelters and home- projects in the geographic area. consultation with the collaborative appli- lessness prevention and rehousing programs ‘‘(2) ANNOUNCEMENT OF AWARDS.— cants.’’; and in any applicable community-wide homeless ‘‘(A) IN GENERAL.—Except as provided in (5) in section 414(b) (42 U.S.C. 11373(b)), as management information system.’’. subparagraph (B), the Secretary shall an- so redesignated by paragraph (3) of this sec- SEC. 204. ADMINISTRATIVE PROVISION. nounce, within 5 months after the last date tion, by striking ‘‘amounts appropriated’’ Section 418 of the McKinney-Vento Home- for the submission of applications described and all that follows through ‘‘for any’’ and less Assistance Act (42 U.S.C. 11378) is in this subsection for a fiscal year, the

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grants conditionally awarded under sub- funded under this subtitle that the Secretary ‘‘(B) AT RISK OF HOMELESSNESS.—Subpara- section (a) for that fiscal year. determines meets the purposes of this sub- graph (A) may not be construed to prevent ‘‘(B) TRANSITION.—For a period of up to 2 title, and was included as part of a total ap- any unaccompanied youth and homeless fam- years beginning after the effective date plication that met the criteria of subsection ilies and children defined as homeless under under section 503 of the Homeless Emergency (c), even if the application was not selected section 103(a)(6) from qualifying for, and Assistance and Rapid Transition to Housing to receive grant assistance. The Secretary being treated for purposes of this subtitle as, Act of 2009, the Secretary shall announce, may renew the funding for a period of not at risk of homelessness or from eligibility within 6 months after the last date for the more than 1 year, and under such conditions for any projects, activities, or services car- submission of applications described in this as the Secretary determines to be appro- ried out using amounts provided under this subsection for a fiscal year, the grants condi- priate. subtitle for which individuals or families tionally awarded under subsection (a) for ‘‘(f) CONSIDERATIONS IN DETERMINING RE- that are at risk of homelessness are eligi- that fiscal year. NEWAL FUNDING.—When providing renewal ble.’’. ‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILI- funding for leasing, operating costs, or rent- SEC. 302. ELIGIBLE ACTIVITIES. ZATION OF FUNDS.— al assistance for permanent housing, the The McKinney-Vento Homeless Assistance ‘‘(1) REQUIREMENTS FOR OBLIGATION.— Secretary shall make adjustments propor- Act is amended by striking section 423 (42 ‘‘(A) IN GENERAL.—Not later than 9 months tional to increases in the fair market rents U.S.C. 11383) and inserting the following new after the announcement referred to in sub- in the geographic area. section: section (c)(2), each recipient or project spon- ‘‘(g) MORE THAN 1 APPLICATION FOR A GEO- ‘‘SEC. 423. ELIGIBLE ACTIVITIES. sor shall meet all requirements for the obli- GRAPHIC AREA.—If more than 1 collaborative gation of those funds, including site control, applicant applies for funds for a geographic ‘‘(a) IN GENERAL.—Grants awarded under matching funds, and environmental review area, the Secretary shall award funds to the section 422 to qualified applicants shall be requirements, except as provided in subpara- collaborative applicant with the highest used to carry out projects that serve home- graphs (B) and (C). score based on the selection criteria set forth less individuals or families that consist of ‘‘(B) ACQUISITION, REHABILITATION, OR CON- in section 427. one or more of the following eligible activi- STRUCTION.—Not later than 24 months after ‘‘(h) APPEALS.— ties: the announcement referred to in subsection ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(1) Construction of new housing units to (c)(2), each recipient or project sponsor seek- tablish a timely appeal procedure for grant provide transitional or permanent housing. ing the obligation of funds for acquisition of amounts awarded or denied under this sub- ‘‘(2) Acquisition or rehabilitation of a housing, rehabilitation of housing, or con- title pursuant to a collaborative application structure to provide transitional or perma- struction of new housing for a grant an- or solo application for funding. nent housing, other than emergency shelter, nounced under subsection (c)(2) shall meet ‘‘(2) PROCESS.—The Secretary shall ensure or to provide supportive services. all requirements for the obligation of those that the procedure permits appeals sub- ‘‘(3) Leasing of property, or portions of funds, including site control, matching mitted by entities carrying out homeless property, not owned by the recipient or funds, and environmental review require- housing and services projects (including project sponsor involved, for use in providing ments. emergency shelters and homelessness pre- transitional or permanent housing, or pro- ‘‘(C) EXTENSIONS.—At the discretion of the vention programs), and all other applicants viding supportive services. Secretary, and in compelling circumstances, under this subtitle. ‘‘(4) Provision of rental assistance to pro- the Secretary may extend the date by which ‘‘(i) SOLO APPLICANTS.—A solo applicant vide transitional or permanent housing to el- a recipient or project sponsor shall meet the may submit an application to the Secretary igible persons. The rental assistance may in- requirements described in subparagraphs (A) for a grant under subsection (a) and be clude tenant-based, project-based, or spon- and (B) if the Secretary determines that awarded such grant on the same basis as sor-based rental assistance. Project-based compliance with the requirements was de- such grants are awarded to other applicants rental assistance, sponsor-based rental as- layed due to factors beyond the reasonable based on the criteria described in section 427, sistance, and operating cost assistance con- control of the recipient or project sponsor. but only if the Secretary determines that tracts carried out by project sponsors receiv- Such factors may include difficulties in ob- the solo applicant has attempted to partici- ing grants under this section may, at the dis- taining site control for a proposed project, pate in the continuum of care process but cretion of the applicant and the project spon- completing the process of obtaining secure was not permitted to participate in a reason- sor, have an initial term of 15 years, with as- financing for the project, obtaining approv- able manner. The Secretary may award such sistance for the first 5 years paid with funds als from State or local governments, or com- grants directly to such applicants in a man- authorized for appropriation under this Act, pleting the technical submission require- ner determined to be appropriate by the Sec- and assistance for the remainder of the term ments for the project. retary. treated as a renewal of an expiring contract ‘‘(2) OBLIGATION.—Not later than 45 days ‘‘(j) FLEXIBILITY TO SERVE PERSONS DE- as provided in section 429. Project-based after a recipient or project sponsor meets the FINED AS HOMELESS UNDER OTHER FEDERAL rental assistance may include rental assist- requirements described in paragraph (1), the LAWS.— ance to preserve existing permanent sup- Secretary shall obligate the funds for the ‘‘(1) IN GENERAL.—A collaborative appli- portive housing for homeless individuals and grant involved. cant may use not more than 10 percent of families. ‘‘(3) DISTRIBUTION.—A recipient that re- funds awarded under this subtitle (con- ‘‘(5) Payment of operating costs for hous- ceives funds through such a grant— tinuum of care funding) for any of the types ing units assisted under this subtitle or for ‘‘(A) shall distribute the funds to project of eligible activities specified in paragraphs the preservation of housing that will serve sponsors (in advance of expenditures by the (1) through (7) of section 423(a) to serve fami- homeless individuals and families and for project sponsors); and lies with children and youth defined as which another form of assistance is expiring ‘‘(B) shall distribute the appropriate por- homeless under other Federal statutes, or or otherwise no longer available. tion of the funds to a project sponsor not homeless families with children and youth ‘‘(6) Supportive services for individuals and later than 45 days after receiving a request defined as homeless under section 103(a)(6), families who are currently homeless, who for such distribution from the project spon- but only if the applicant demonstrates that have been homeless in the prior six months sor. the use of such funds is of an equal or greater but are currently residing in permanent ‘‘(4) EXPENDITURE OF FUNDS.—The Sec- priority or is equally or more cost effective housing, or who were previously homeless retary may establish a date by which funds in meeting the overall goals and objectives and are currently residing in permanent sup- made available through a grant announced of the plan submitted under section portive housing. under subsection (c)(2) for a homeless assist- 427(b)(1)(B), especially with respect to chil- ‘‘(7) Provision of rehousing services, in- ance project shall be entirely expended by dren and unaccompanied youth. cluding housing search, mediation or out- the recipient or project sponsors involved. ‘‘(2) LIMITATIONS.—The 10 percent limita- reach to property owners, credit repair, pro- The date established under this paragraph tion under paragraph (1) shall not apply to viding security or utility deposits, rental as- shall not occur before the expiration of the collaborative applicants in which the rate of sistance for a final month at a location, as- 24-month period beginning on the date that homelessness, as calculated in the most re- sistance with moving costs, or other activi- funds are obligated for activities described cent point in time count, is less than one- ties that— under paragraphs (1) or (2) of section 423(a). tenth of 1 percent of total population. ‘‘(A) are effective at moving homeless indi- The Secretary shall recapture the funds not ‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— viduals and families immediately into hous- expended by such date. The Secretary shall ‘‘(A) IN GENERAL.—Notwithstanding section ing; or reallocate the funds for another homeless as- 103(a) and subject to subparagraph (B), funds ‘‘(B) may benefit individuals and families sistance and prevention project that meets awarded under this subtitle may be used for who in the prior 6 months have been home- the requirements of this subtitle to be car- eligible activities to serve unaccompanied less, but are currently residing in permanent ried out, if possible and appropriate, in the youth and homeless families and children de- housing. same geographic area as the area served fined as homeless under section 103(a)(6) only ‘‘(8) In the case of a collaborative applicant through the original grant. pursuant to paragraph (1) of this subsection that is a legal entity, performance of the du- ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL and such families and children shall not oth- ties described under section 402(f)(3). APPLICANTS.—The Secretary may renew erwise be considered as homeless for pur- ‘‘(9) Operation of, participation in, and en- funding for a specific project previously poses of this subtitle. suring consistent participation by project

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The Sec- such costs. used for the project results in the use of the retary, on an annual basis, may renew any ‘‘(11) In the case of a collaborative appli- property for the direct benefit of very low-in- such designation. cant that is a unified funding agency under come persons; ‘‘(b) APPLICATION.— section 402(g), payment of administrative ‘‘(B) all of the proceeds of the sale or dis- ‘‘(1) IN GENERAL.—A collaborative appli- costs related to meeting the requirements of position are used to provide transitional or cant seeking designation as a high-per- that section, for which the unified funding permanent housing meeting the require- forming community under subsection (a) agency may use not more than 3 percent of ments of this subtitle; shall submit an application to the Secretary the total funds made available in the geo- ‘‘(C) project-based rental assistance or op- at such time, and in such manner as the Sec- graphic area under this subtitle for such erating cost assistance from any Federal retary may require. costs, in addition to funds used under para- program or an equivalent State or local pro- ‘‘(2) CONTENT OF APPLICATION.—In any ap- graph (10). gram is no longer made available and the plication submitted under paragraph (1), a ‘‘(12) Payment of administrative costs to project is meeting applicable performance collaborative applicant shall include in such project sponsors, for which each project standards, provided that the portion of the application— sponsor may use not more than 10 percent of project that had benefitted from such assist- ‘‘(A) a report showing how any money re- the total funds made available to that ance continues to meet the tenant income ceived under this subtitle in the preceding project sponsor through this subtitle for and rent restrictions for low-income units year was expended; and such costs. under section 42(g) of the Internal Revenue ‘‘(B) information that such applicant can ‘‘(b) MINIMUM GRANT TERMS.—The Sec- Code of 1986; or meet the requirements described under sub- retary may impose minimum grant terms of ‘‘(D) there are no individuals and families section (d). up to 5 years for new projects providing per- in the geographic area who are homeless, in ‘‘(3) PUBLICATION OF APPLICATION.—The manent housing. which case the project may serve individuals Secretary shall— ‘‘(c) USE RESTRICTIONS.— and families at risk of homelessness. ‘‘(A) publish any report or information ‘‘(1) ACQUISITION, REHABILITATION, AND NEW ‘‘(e) STAFF TRAINING.—The Secretary may submitted in an application under this sec- CONSTRUCTION.—A project that consists of action in the geographic area represented by tivities described in paragraph (1) or (2) of allow reasonable costs associated with staff training to be included as part of the activi- the collaborative applicant; and subsection (a) shall be operated for the pur- ‘‘(B) seek comments from the public as to pose specified in the application submitted ties described in subsection (a). ‘‘(f) ELIGIBILITY FOR PERMANENT HOUSING.— whether the collaborative applicant seeking for the project under section 422 for not less designation as a high-performing community than 15 years. Any project that receives assistance under subsection (a) and that provides project- meets the requirements described under sub- ‘‘(2) OTHER ACTIVITIES.—A project that con- based or sponsor-based permanent housing section (d). sists of activities described in any of para- ‘‘(c) USE OF FUNDS.—Funds awarded under graphs (3) through (12) of subsection (a) shall for homeless individuals or families with a disability, including projects that meet the section 422(a) to a project sponsor who is lo- be operated for the purpose specified in the cated in a high-performing community may requirements of subsection (a) and sub- application submitted for the project under be used— section (d)(2)(A) of section 428 may also serve section 422 for the duration of the grant pe- ‘‘(1) for any of the eligible activities de- individuals who had previously met the re- riod involved. scribed in section 423; or quirements for such project prior to moving ‘‘(3) CONVERSION.—If the recipient or ‘‘(2) for any of the eligible activities de- into a different permanent housing project. project sponsor carrying out a project that scribed in paragraphs (4) and (5) of section ‘‘(g) ADMINISTRATION OF RENTAL ASSIST- provides transitional or permanent housing 415(a). ANCE.—Provision of permanent housing rent- submits a request to the Secretary to carry ‘‘(d) DEFINITION OF HIGH-PERFORMING COM- al assistance shall be administered by a out instead a project for the direct benefit of MUNITY.—For purposes of this section, the State, unit of general local government, or low-income persons, and the Secretary deter- term ‘high-performing community’ means a public housing agency.’’. mines that the initial project is no longer geographic area that demonstrates through needed to provide transitional or permanent SEC. 303. HIGH PERFORMING COMMUNITIES. reliable data that all five of the following rehousing, the Secretary may approve the The McKinney-Vento Homeless Assistance quirements are met for that geographic area: project described in the request and author- Act is amended by striking section 424 (42 ‘‘(1) TERM OF HOMELESSNESS.—The mean ize the recipient or project sponsor to carry U.S.C. 11384) and inserting the following: length of episodes of homelessness for that out that project. ‘‘SEC. 424. INCENTIVES FOR HIGH-PERFORMING geographic area— ‘‘(d) REPAYMENT OF ASSISTANCE AND PRE- COMMUNITIES. ‘‘(A) is less than 20 days; or VENTION OF UNDUE BENEFITS.— ‘‘(a) DESIGNATION AS A HIGH-PERFORMING ‘‘(B) for individuals and families in similar ‘‘(1) REPAYMENT.—If a recipient or project COMMUNITY.— circumstances in the preceding year was at sponsor receives assistance under section 422 ‘‘(1) IN GENERAL.—The Secretary shall des- least 10 percent less than in the year before. to carry out a project that consists of activi- ignate, on an annual basis, which collabo- ‘‘(2) FAMILIES LEAVING HOMELESSNESS.—Of ties described in paragraph (1) or (2) of sub- rative applicants represent high-performing individuals and families— section (a) and the project ceases to provide communities. ‘‘(A) who leave homelessness, fewer than 5 transitional or permanent housing— ‘‘(2) CONSIDERATION.—In determining percent of such individuals and families be- ‘‘(A) earlier than 10 years after operation whether to designate a collaborative appli- come homeless again at any time within the of the project begins, the Secretary shall re- cant as a high-performing community under next 2 years; or quire the recipient or project sponsor to paragraph (1), the Secretary shall establish ‘‘(B) in similar circumstances who leave repay 100 percent of the assistance; or criteria to ensure that the requirements de- homelessness, the percentage of such indi- ‘‘(B) not earlier than 10 years, but earlier scribed under paragraphs (1)(B) and (2)(B) of viduals and families who become homeless than 15 years, after operation of the project subsection (d) are measured by comparing again within the next 2 years has decreased begins, the Secretary shall require the re- homeless individuals and families under by at least 20 percent from the preceding cipient or project sponsor to repay 20 percent similar circumstances, in order to encourage year. of the assistance for each of the years in the projects in the geographic area to serve ‘‘(3) COMMUNITY ACTION.—The communities 15-year period for which the project fails to homeless individuals and families with more that compose the geographic area have— provide that housing. severe barriers to housing stability. ‘‘(A) actively encouraged homeless individ- ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex- ‘‘(3) 2-YEAR PHASE IN.—In each of the first uals and families to participate in homeless cept as provided in paragraph (3), if any 2 years after the effective date under section assistance services available in that geo- property is used for a project that receives 503 of the Homeless Emergency Assistance graphic area; and assistance under subsection (a) and consists and Rapid Transition to Housing Act of 2009, ‘‘(B) included each homeless individual or of activities described in paragraph (1) or (2) the Secretary shall designate not more than family who sought homeless assistance serv- of subsection (a), and the sale or other dis- 10 collaborative applicants as high-per- ices in the data system used by that commu- position of the property occurs before the ex- forming communities. nity for determining compliance with this piration of the 15-year period beginning on ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—If, subsection. the date that operation of the project begins, during the 2-year period described under ‘‘(4) EFFECTIVENESS OF PREVIOUS ACTIVI- the recipient or project sponsor who received paragraph (2), more than 10 collaborative ap- TIES.—If recipients in the geographic area the assistance shall comply with such terms plicants could qualify to be designated as have used funding awarded under section

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Head Start, part C of the Individuals with ‘‘(i) the length of time individuals and fam- ‘‘(5) FLEXIBILITY TO SERVE PERSONS DEFINED Disabilities Education Act, and programs au- ilies remain homeless; AS HOMELESS UNDER OTHER FEDERAL LAWS.— thorized under subtitle B of title VII of this ‘‘(ii) the extent to which individuals and With respect to collaborative applicants ex- Act(42 U.S.C. 11431 et seq.); and families who leave homelessness experience ercising the authority under section 422(j) to ‘‘(E) they will provide data and reports as additional spells of homelessness; serve homeless families with children and required by the Secretary pursuant to the ‘‘(iii) the thoroughness of grantees in the youth defined as homeless under other Fed- Act; geographic area in reaching homeless indi- eral statutes, effectiveness in achieving the ‘‘(5) if a collaborative applicant is a unified viduals and families; goals and outcomes identified in subsection funding agency under section 402(g) and re- ‘‘(iv) overall reduction in the number of 427(b)(1)(F) according to such standards as ceives funds under subtitle C to carry out homeless individuals and families; the Secretary shall promulgate. the payment of administrative costs de- ‘‘(v) jobs and income growth for homeless ‘‘(e) COOPERATION AMONG ENTITIES.—A col- scribed in section 423(a)(11), to establish such individuals and families; laborative applicant designated as a high- fiscal control and fund accounting proce- ‘‘(vi) success at reducing the number of in- performing community under this section dures as may be necessary to assure the dividuals and families who become homeless; shall cooperate with the Secretary in distrib- proper disbursal of, and accounting for, such ‘‘(vii) other accomplishments by the recipi- uting information about successful efforts funds in order to ensure that all financial ent related to reducing homelessness; and within the geographic area represented by transactions carried out with such funds are ‘‘(viii) for collaborative applicants that the collaborative applicant to reduce home- conducted, and records maintained, in ac- have exercised the authority under section lessness.’’. cordance with generally accepted accounting 422(j) to serve families with children and SEC. 304. PROGRAM REQUIREMENTS. principles; youth defined as homeless under other Fed- Section 426 of the McKinney-Vento Home- ‘‘(6) to monitor and report to the Secretary eral statutes, success in achieving the goals less Assistance Act (42 U.S.C. 11386) is the provision of matching funds as required and outcomes identified in section amended— by section 430; 427(b)(1)(F); (1) by striking subsections (a), (b), and (c) ‘‘(7) to take the educational needs of chil- ‘‘(B) the plan of the recipient, which shall and inserting the following: dren into account when families are placed describe— ‘‘(a) SITE CONTROL.—The Secretary shall in emergency or transitional shelter and ‘‘(i) how the number of individuals and require that each application include reason- will, to the maximum extent practicable, families who become homeless will be re- able assurances that the applicant will own place families with children as close as pos- duced in the community; or have control of a site for the proposed sible to their school of origin so as not to ‘‘(ii) how the length of time that individ- project not later than the expiration of the disrupt such children’s education; and uals and families remain homeless will be re- 12-month period beginning upon notification ‘‘(8) to comply with such other terms and duced; of an award for grant assistance, unless the conditions as the Secretary may establish to ‘‘(iii) how the recipient will collaborate application proposes providing supportive carry out this subtitle in an effective and ef- with local education authorities to assist in housing assistance under section 423(a)(3) or ficient manner.’’; the identification of individuals and families housing that will eventually be owned or (2) by redesignating subsection (d) as sub- who become or remain homeless and are in- controlled by the families and individuals section (c); formed of their eligibility for services under served. An applicant may obtain ownership (3) in the first sentence of subsection (c) subtitle B of title VII of this Act (42 U.S.C. or control of a suitable site different from (as so redesignated by paragraph (2) of this 11431 et seq.); the site specified in the application. If any subsection), by striking ‘‘recipient’’ and in- ‘‘(iv) the extent to which the recipient recipient or project sponsor fails to obtain serting ‘‘recipient or project sponsor’’; will— ownership or control of the site within 12 (4) by striking subsection (e); ‘‘(I) address the needs of all relevant sub- months after notification of an award for (5) by redesignating subsections (f), (g), and populations; grant assistance, the grant shall be recap- (h), as subsections (d), (e), and (f), respec- ‘‘(II) incorporate comprehensive strategies tured and reallocated under this subtitle. tively; for reducing homelessness, including the ‘‘(b) REQUIRED AGREEMENTS.—The Sec- (6) in the first sentence of subsection (e) interventions referred to in section 428(d); retary may not provide assistance for a pro- (as so redesignated by paragraph (5) of this ‘‘(III) set quantifiable performance meas- posed project under this subtitle unless the section), by striking ‘‘recipient’’ each place ures; collaborative applicant involved agrees— it appears and inserting ‘‘recipient or project ‘‘(IV) set timelines for completion of spe- ‘‘(1) to ensure the operation of the project sponsor’’; cific tasks; in accordance with the provisions of this (7) by striking subsection (i); and ‘‘(V) identify specific funding sources for subtitle; (8) by redesignating subsection (j) as sub- planned activities; and ‘‘(2) to monitor and report to the Secretary section (g). ‘‘(VI) identify an individual or body re- the progress of the project; SEC. 305. SELECTION CRITERIA, ALLOCATION sponsible for overseeing implementation of ‘‘(3) to ensure, to the maximum extent AMOUNTS, AND FUNDING. specific strategies; and practicable, that individuals and families ex- The McKinney-Vento Homeless Assistance ‘‘(v) whether the recipient proposes to experiencing homelessness are involved, Act is amended— ercise authority to use funds under section through employment, provision of volunteer (1) by repealing section 429 (42 U.S.C. 422(j), and if so, how the recipient will services, or otherwise, in constructing, reha- 11389); and achieve the goals and outcomes identified in bilitating, maintaining, and operating facili- (2) by redesignating sections 427 and 428 (42 section 427(b)(1)(F); ties for the project and in providing sup- U.S.C. 11387, 11388) as sections 432 and 433, re- ‘‘(C) the methodology of the recipient used portive services for the project; spectively; and to determine the priority for funding local ‘‘(4) to require certification from all (3) by inserting after section 426 the fol- projects under section 422(c)(1), including the project sponsors that— lowing new sections: extent to which the priority-setting proc- ‘‘(A) they will maintain the confidentiality ‘‘SEC. 427. SELECTION CRITERIA. ess— of records pertaining to any individual or ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(i) uses periodically collected information family provided family violence prevention award funds to recipients through a national and analysis to determine the extent to or treatment services through the project; competition between geographic areas based which each project has resulted in rapid re- ‘‘(B) that the address or location of any on criteria established by the Secretary. turn to permanent housing for those served family violence shelter project assisted ‘‘(b) REQUIRED CRITERIA.— by the project, taking into account the se- under this subtitle will not be made public, ‘‘(1) IN GENERAL.—The criteria established verity of barriers faced by the people the except with written authorization of the per- under subsection (a) shall include— project serves; son responsible for the operation of such ‘‘(A) the previous performance of the re- ‘‘(ii) considers the full range of opinions project; cipient regarding homelessness, including from individuals or entities with knowledge ‘‘(C) they will establish policies and prac- performance related to funds provided under of homelessness in the geographic area or an tices that are consistent with, and do not re- section 412 (except that recipients applying interest in preventing or ending homeless- strict the exercise of rights provided by, sub- from geographic areas where no funds have ness in the geographic area; title B of title VII, and other laws relating to been awarded under this subtitle, or under ‘‘(iii) is based on objective criteria that the provision of educational and related subtitles C, D, E, or F of title IV of this Act, have been publicly announced by the recipi- services to individuals and families experi- as in effect prior to the date of the enact- ent; and encing homelessness; ment of the Homeless Emergency Assistance ‘‘(iv) is open to proposals from entities ‘‘(D) in the case of programs that provide and Rapid Transition to Housing Act of 2009, that have not previously received funds housing or services to families, they will des- shall receive full credit for performance under this subtitle;

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‘‘(D) the extent to which the amount of as- ‘‘(c) ADJUSTMENTS.—The Secretary may ‘‘(B) for homeless families, rapid rehousing sistance to be provided under this subtitle to adjust the formula described in subsection services, short-term flexible subsidies to the recipient will be supplemented with re- (b)(2) as necessary— overcome barriers to rehousing, support sources from other public and private ‘‘(1) to ensure that each collaborative ap- services concentrating on improving incomes sources, including mainstream programs plicant has sufficient funding to renew all to pay rent, coupled with performance meas- identified by the Government Accountability qualified projects for at least one year; and ures emphasizing rapid and permanent re- Office in the two reports described in section ‘‘(2) to ensure that collaborative applicants housing and with leveraging funding from 203(a)(7); are not discouraged from replacing renewal mainstream family service systems such as ‘‘(E) demonstrated coordination by the re- projects with new projects that the collabo- Temporary Assistance for Needy Families cipient with the other Federal, State, local, rative applicant determines will better be and Child Welfare services; and private, and other entities serving individ- able to meet the purposes of this Act. ‘‘(C) any other activity determined by the uals and families experiencing homelessness ‘‘SEC. 428. ALLOCATION OF AMOUNTS AND INCEN- Secretary, based on research and after notice and at risk of homelessness in the planning TIVES FOR SPECIFIC ELIGIBLE AC- and comment to the public, to have been and operation of projects; TIVITIES. proven effective at reducing homelessness ‘‘(F) for collaborative applicants exercising ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT generally, reducing homelessness for a spe- the authority under section 422(j) to serve HOUSING FOR HOMELESS INDIVIDUALS AND cific subpopulation, or achieving homeless homeless families with children and youth FAMILIES WITH DISABILITIES.— prevention and independent living goals as defined as homeless under other Federal ‘‘(1) IN GENERAL.—From the amounts made set forth in section 427(b)(1)(F). statutes, program goals and outcomes, which available to carry out this subtitle for a fis- ‘‘(3) BALANCE OF INCENTIVES FOR PROVEN shall include— cal year, a portion equal to not less than 30 STRATEGIES.—To the extent practicable, in ‘‘(i) preventing homelessness among the percent of the sums made available to carry providing bonuses or incentives for proven subset of such families with children and out subtitle B and this subtitle, shall be used strategies, the Secretary shall seek to main- youth who are at highest risk of becoming for permanent housing for homeless individ- tain a balance among strategies targeting homeless, as such term is defined for pur- uals with disabilities and homeless families homeless individuals, families, and other poses of this title; or that include such an individual who is an subpopulations. The Secretary shall not im- ‘‘(ii) achieving independent living in per- adult or a minor head of household if no plement bonuses or incentives that specifi- manent housing among such families with adult is present in the household. cally discourage collaborative applicants children and youth, especially those who ‘‘(2) CALCULATION.—In calculating the por- from exercising their flexibility to serve have a history of doubled-up and other tem- tion of the amount described in paragraph (1) families with children and youth defined as porary housing situations or are living in a that is used for activities that are described homeless under other Federal statutes. temporary housing situation due to lack of in paragraph (1), the Secretary shall not ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMEN- available and appropriate emergency shelter, count funds made available to renew con- TATION OF PROVEN STRATEGIES.—If any geo- through the provision of eligible assistance tracts for existing projects under section 429. graphic area demonstrates that it has fully that directly contributes to achieving such ‘‘(3) ADJUSTMENT.—The 30 percent figure in implemented any of the activities described results including assistance to address paragraph (1) shall be reduced proportion- in subsection (d) for all homeless individuals chronic disabilities, chronic physical health ately based on need under section 427(b)(2) in and families or for all members of subpopula- or mental health conditions, substance ad- geographic areas for which subsection (e) ap- tions for whom such activities are targeted, diction, histories of domestic violence or plies in regard to subsection (d)(2)(A). that geographic area shall receive the bonus childhood abuse, or multiple barriers to em- ‘‘(4) SUSPENSION.—The requirement estab- or incentive provided under subsection (d), ployment; and lished in paragraph (1) shall be suspended for but may use such bonus or incentive for any ‘‘(G) such other factors as the Secretary any year in which funding available for eligible activity under either section 423 or determines to be appropriate to carry out grants under this subtitle after making the paragraphs (4) and (5) of section 415(a) for this subtitle in an effective and efficient allocation established in paragraph (1) would manner. homeless people generally or for the relevant not be sufficient to renew for 1 year all exist- subpopulation. ‘‘(2) ADDITIONAL CRITERIA.—In addition to ing grants that would otherwise be fully the criteria required under paragraph (1), the funded under this subtitle. ‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF AS- criteria established under paragraph (1) shall SISTANCE FOR PERMANENT HOUS- ‘‘(5) TERMINATION.—The requirement estab- ING. also include the need within the geographic lished in paragraph (1) shall terminate upon area for homeless services, determined as ‘‘(a) IN GENERAL.—Renewal of expiring con- a finding by the Secretary that since the be- tracts for leasing, rental assistance, or oper- follows and under the following conditions: ginning of 2001 at least 150,000 new units of ‘‘(A) NOTICE.—The Secretary shall inform ating costs for permanent housing contracts permanent housing for homeless individuals may be funded either— each collaborative applicant, at a time con- and families with disabilities have been current with the release of the notice of ‘‘(1) under the appropriations account for funded under this subtitle. this title; or funding availability for the grants, of the pro ‘‘(b) SET-ASIDE FOR PERMANENT HOUSING ‘‘(2) the section 8 project-based rental as- rata estimated grant amount under this sub- FOR HOMELESS FAMILIES WITH CHILDREN.— sistance account. title for the geographic area represented by From the amounts made available to carry the collaborative applicant. out this subtitle for a fiscal year, a portion ‘‘(b) RENEWALS.—The sums made available ‘‘(B) AMOUNT.— equal to not less than 10 percent of the sums under subsection (a) shall be available for ‘‘(i) FORMULA.—Such estimated grant made available to carry out subtitle B and the renewal of contracts in the case of ten- amounts shall be determined by a formula, this subtitle for that fiscal year shall be used ant-based assistance, successive 1-year which shall be developed by the Secretary, to provide or secure permanent housing for terms, and in the case of project-based as- by regulation, not later than the expiration homeless families with children. sistance, successive terms of up to 15 years of the 2-year period beginning upon the date ‘‘(c) TREATMENT OF AMOUNTS FOR PERMA- at the discretion of the applicant or project of the enactment of the Homeless Emergency NENT OR TRANSITIONAL HOUSING.—Nothing in sponsor and subject to the availability of an- Assistance and Rapid Transition to Housing this Act may be construed to establish a nual appropriations, for rental assistance Act of 2009, that is based upon factors that limit on the amount of funding that an ap- and housing operation costs associated with are appropriate to allocate funds to meet the plicant may request under this subtitle for permanent housing projects funded under goals and objectives of this subtitle. acquisition, construction, or rehabilitation this subtitle, or under subtitle C or F (as in ‘‘(ii) COMBINATIONS OR CONSORTIA.—For a activities for the development of permanent effect on the day before the effective date of collaborative applicant that represents a housing or transitional housing. the Homeless Emergency Assistance and combination or consortium of cities or coun- ‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— Rapid Transition to Housing Act of 2009). ties, the estimated need amount shall be the ‘‘(1) IN GENERAL.—The Secretary shall pro- The Secretary shall determine whether to sum of the estimated need amounts for the vide bonuses or other incentives to geo- renew a contract for such a permanent hous- cities or counties represented by the collabo- graphic areas for using funding under this ing project on the basis of certification by rative applicant. subtitle for activities that have been proven the collaborative applicant for the geo- ‘‘(iii) AUTHORITY OF SECRETARY.—Subject to be effective at reducing homelessness gen- graphic area that— to the availability of appropriations, the erally, reducing homelessness for a specific ‘‘(1) there is a demonstrated need for the Secretary shall increase the estimated need subpopulation, or achieving homeless pre- project; and amount for a geographic area if necessary to vention and independent living goals as set ‘‘(2) the project complies with program re- provide 1 year of renewal funding for all ex- forth in section 427(b)(1)(F). quirements and appropriate standards of piring contracts entered into under this sub- ‘‘(2) RULE OF CONSTRUCTION.—For purposes housing quality and habitability, as deter- title for the geographic area. of this subsection, activities that have been mined by the Secretary. ‘‘(3) HOMELESSNESS COUNTS.—The Secretary proven to be effective at reducing homeless- ‘‘(c) CONSTRUCTION.—Nothing in this sec- shall not require that communities conduct ness generally or reducing homelessness for tion shall be construed as prohibiting the an actual count of homeless people other a specific subpopulation includes— Secretary from renewing contracts under than those described in paragraphs (1) ‘‘(A) permanent supportive housing for this subtitle in accordance with criteria set through (4) of section 103(a) of this Act (42 chronically homeless individuals and fami- forth in a provision of this subtitle other U.S.C. 11302(a)). lies; than this section.

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.219 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4367 ‘‘SEC. 430. MATCHING FUNDING. ‘‘(1) rehousing or improving the housing may count toward the contributions in para- ‘‘(a) IN GENERAL.—A collaborative appli- situations of individuals and families who graph (1) only when documented by a memo- cant in a geographic area in which funds are are homeless or in the worst housing situa- randum of understanding between the orga- awarded under this subtitle shall specify tions in the geographic area; nization and the other entity that such serv- contributions from any source other than a ‘‘(2) stabilizing the housing of individuals ices will be provided. grant awarded under this subtitle, including and families who are in imminent danger of ‘‘(3) COUNTABLE ACTIVITIES.—The contribu- renewal funding of projects assisted under losing housing; and tions required under paragraph (1) may con- subtitles C, D, and F of this title as in effect ‘‘(3) improving the ability of the lowest-insist of— before the effective date under section 503 of come residents of the community to afford ‘‘(A) funding for any eligible activity de- the Homeless Emergency Assistance and stable housing.’’; scribed under subsection (b); and Rapid Transition to Housing Act of 2009, that (C) in subsection (b)(1)— ‘‘(B) subject to paragraph (2), in-kind pro- shall be made available in the geographic (i) by redesignating subparagraphs (E), (F), vision of services of any eligible activity de- area in an amount equal to not less than 25 and (G) as subparagraphs (I), (J), and (K), re- scribed under subsection (b). percent of the funds provided to recipients in spectively; and ‘‘(g) SELECTION CRITERIA.—The Secretary the geographic area, except that grants for (ii) by striking subparagraph (D) and in- shall establish criteria for selecting recipi- leasing shall not be subject to any match re- serting the following: ents of grants under subsection (a), includ- quirement. ‘‘(D) construction of new housing units to ing— ‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The provide transitional or permanent housing to ‘‘(1) the participation of potential bene- cash value of services provided to the resi- homeless individuals and families and indi- ficiaries of the project in assessing the need dents or clients of a project sponsor by an viduals and families at risk of homelessness; for, and importance of, the project in the entity other than the project sponsor may ‘‘(E) acquisition or rehabilitation of a community; count toward the contributions in subsection structure to provide supportive services or to ‘‘(2) the degree to which the project ad- (a) only when documented by a memorandum provide transitional or permanent housing, dresses the most harmful housing situations of understanding between the project spon- other than emergency shelter, to homeless present in the community; sor and the other entity that such services individuals and families and individuals and ‘‘(3) the degree of collaboration with others will be provided. families at risk of homelessness; in the community to meet the goals de- ‘‘(c) COUNTABLE ACTIVITIES.—The contribu- ‘‘(F) leasing of property, or portions of scribed in subsection (a); tions required under subsection (a) may con- property, not owned by the recipient or ‘‘(4) the performance of the organization in sist of— project sponsor involved, for use in providing improving housing situations, taking ac- ‘‘(1) funding for any eligible activity de- transitional or permanent housing to home- count of the severity of barriers of individ- scribed under section 423; and less individuals and families and individuals uals and families served by the organization; ‘‘(2) subject to subsection (b), in-kind pro- and families at risk of homelessness, or pro- ‘‘(5) for organizations that have previously vision of services of any eligible activity de- viding supportive services to such homeless received funding under this section, the ex- scribed under section 423. and at-risk individuals and families; tent of improvement in homelessness and the ‘‘SEC. 431. APPEAL PROCEDURE. ‘‘(G) provision of rental assistance to pro- worst housing situations in the community ‘‘(a) IN GENERAL.—With respect to funding vide transitional or permanent housing to since such funding began; under this subtitle, if certification of con- homeless individuals and families and indi- ‘‘(6) the need for such funds, as determined sistency with the consolidated plan pursuant viduals and families at risk of homelessness, by the formula established under section to section 403 is withheld from an applicant such rental assistance may include tenant- 427(b)(2); and who has submitted an application for that based or project-based rental assistance; ‘‘(7) any other relevant criteria as deter- certification, such applicant may appeal ‘‘(H) payment of operating costs for hous- mined by the Secretary.’’; such decision to the Secretary. ing units assisted under this title;’’; (H) in subsection (h)— ‘‘(b) PROCEDURE.—The Secretary shall es- (D) in subsection (b)(2), by striking ‘‘appro- (i) in paragraph (1), in the matter pre- tablish a procedure to process the appeals de- priated’’ and inserting ‘‘transferred’’; ceding subparagraph (A), by striking ‘‘The’’ scribed in subsection (a). (E) in subsection (c)— and inserting ‘‘Not later than 18 months ‘‘(c) DETERMINATION.—Not later than 45 (i) in paragraph (1)(A), by striking ‘‘appro- after funding is first made available pursu- days after the date of receipt of an appeal de- priated’’ and inserting ‘‘transferred’’; and ant to the amendments made by title IV of scribed in subsection (a), the Secretary shall (ii) in paragraph (3), by striking ‘‘appro- the Homeless Emergency Assistance and determine if certification was unreasonably priated’’ and inserting ‘‘transferred’’; Rapid Transition to Housing Act of 2009, withheld. If such certification was unreason- (F) in subsection (d)— the’’; and ably withheld, the Secretary shall review (i) in paragraph (5), by striking ‘‘; and’’ and (ii) in paragraph (1)(A), by striking ‘‘pro- such application and determine if such appli- inserting a semicolon; viding housing and other assistance to home- cant shall receive funding under this sub- (ii) in paragraph (6)— less persons’’ and inserting ‘‘meeting the title.’’. (I) by striking ‘‘an agreement’’ and all that goals described in subsection (a)’’; SEC. 306. RESEARCH. follows through ‘‘families’’ and inserting the (iii) in paragraph (1)(B), by striking ‘‘ad- There is authorized to be appropriated following: ‘‘a description of how individuals dress homelessness in rural areas’’ and in- $8,000,000, for each of fiscal years 2010 and and families who are homeless or who have serting ‘‘meet the goals described in sub- 2011, for research into the efficacy of inter- the lowest incomes in the community will be section (a) in rural areas’’; and ventions for homeless families, to be ex- involved by the organization’’; and (iv) in paragraph (2)— pended by the Secretary of Housing and (II) by striking the period at the end, and (I) by striking ‘‘The’’ and inserting ‘‘Not Urban Development over the 2 years at 3 dif- inserting a semicolon; and later than 24 months after funding is first ferent sites to provide services for homeless (iii) by adding at the end the following: made available pursuant to the amendment families and evaluate the effectiveness of ‘‘(7) a description of consultations that made by title IV of the Homeless Emergency such services. took place within the community to ascer- Assistance and Rapid Transition to Housing tain the most important uses for funding Act of 2009, the’’; TITLE IV—RURAL HOUSING STABILITY under this section, including the involve- (II) by striking ‘‘, not later than 18 months ASSISTANCE PROGRAM ment of potential beneficiaries of the after the date on which the Secretary first SEC. 401. RURAL HOUSING STABILITY ASSIST- project; and makes grants under the program,’’; and ANCE. ‘‘(8) a description of the extent and nature (III) by striking ‘‘prevent and respond to Subtitle G of title IV of the McKinney- of homelessness and of the worst housing sit- homelessness’’ and inserting ‘‘meet the goals Vento Homeless Assistance Act (42 U.S.C. uations in the community.’’; described in subsection (a)’’; 11408 et seq.) is amended— (G) by striking subsections (f) and (g) and (I) in subsection (k)— (1) by striking the subtitle heading and in- inserting the following: (i) in paragraph (1), by striking ‘‘rural serting the following: ‘‘(f) MATCHING FUNDING.— homelessness grant program’’ and inserting ‘‘Subtitle G—Rural Housing Stability ‘‘(1) IN GENERAL.—An organization eligible ‘‘rural housing stability grant program’’; and Assistance Program’’; and to receive a grant under subsection (a) shall (ii) in paragraph (2)— (2) in section 491— specify matching contributions from any (I) in subparagraph (A), by striking ‘‘; or’’ (A) by striking the section heading and in- source other than a grant awarded under this and inserting a semicolon; serting ‘‘rural housing stability grant program.’’; subtitle, that shall be made available in the (II) in subparagraph (B)(ii), by striking (B) in subsection (a)— geographic area in an amount equal to not ‘‘rural census tract.’’ and inserting ‘‘county (i) by striking ‘‘rural homelessness grant less than 25 percent of the funds provided for where at least 75 percent of the population is program’’ and inserting ‘‘rural housing sta- the project or activity, except that grants rural; or’’; and bility grant program’’; for leasing shall not be subject to any match (III) by adding at the end the following: (ii) by inserting ‘‘in lieu of grants under requirement. ‘‘(C) any area or community, respectively, subtitle C’’ after ‘‘eligible organizations’’; ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The located in a State that has population den- and cash value of services provided to the bene- sity of less than 30 persons per square mile (iii) by striking paragraphs (1), (2), and (3), ficiaries or clients of an eligible organization (as reported in the most recent decennial and inserting the following: by an entity other than the organization census), and of which at least 1.25 percent of

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.219 S02APPT1 rfrederick on PROD1PC67 with SENATE S4368 CONGRESSIONAL RECORD — SENATE April 2, 2009 the total acreage of such State is under Fed- (8) An assessment of the type and amount seq.), as amended by the preceding provisions eral jurisdiction, provided that no metropoli- of Federal homeless assistance funds award- of this Act, as subtitle D. tan city (as such term is defined in section ed to organizations serving rural areas and SEC. 503. EFFECTIVE DATE. 102 of the Housing and Community Develop- rural communities and a determination as to Except as specifically provided otherwise ment Act of 1974) in such State is the sole whether such amount is proportional to the in this Act, this Act and the amendments beneficiary of the grant amounts awarded distribution of homeless individuals and made by this Act shall take effect on, and under this section.’’; families in and from rural areas and rural shall apply beginning on— (J) in subsection (l)— communities compared to homeless individ- (1) the expiration of the 18-month period (i) by striking the subsection heading and uals and families in non-rural areas and non- beginning on the date of the enactment of inserting ‘‘PROGRAM FUNDING.—’’; and rural communities. this Act, or (ii) by striking paragraph (1) and inserting (9) An assessment of the current roles of (2) the expiration of the 3-month period be- the following: the Department of Housing and Urban Devel- ginning upon publication by the Secretary of ‘‘(1) IN GENERAL.—The Secretary shall de- opment, the Department of Agriculture, and Housing and Urban Development of final reg- termine the total amount of funding attrib- other Federal departments and agencies in ulations pursuant to section 504, utable under section 427(b)(2) to meet the administering homeless assistance programs needs of any geographic area in the Nation in rural areas and rural communities and whichever occurs first. that applies for funding under this section. recommendations for distributing Federal SEC. 504. REGULATIONS. The Secretary shall transfer any amounts responsibilities, including homeless assist- (a) IN GENERAL.—Not later than 12 months determined under this subsection from the ance program administration and after the date of the enactment of this Act, Community Homeless Assistance Program grantmaking, among the departments and the Secretary of Housing and Urban Develop- and consolidate such transferred amounts for agencies so that service organizations in ment shall promulgate regulations gov- grants under this section, except that the rural areas and rural communities are most erning the operation of the programs that Secretary shall transfer an amount not less effectively reached and supported. are created or modified by this Act. than 5 percent of the amount available under (b) ACQUISITION OF SUPPORTING INFORMA- (b) EFFECTIVE DATE.—This section shall subtitle C for grants under this section. Any TION.—In carrying out the study under this take effect on the date of the enactment of amounts so transferred and not used for section, the Comptroller General shall seek this Act. grants under this section due to an insuffi- to obtain views from the following persons: cient number of applications shall be trans- (1) The Secretary of Agriculture. SEC. 505. AMENDMENT TO TABLE OF CONTENTS. ferred to be used for grants under subtitle (2) The Secretary of Housing and Urban The table of contents in section 101(b) of C.’’; and Development. the McKinney-Vento Homeless Assistance (K) by adding at the end the following: (3) The Secretary of Health and Human Act (42 U.S.C. 11301 note) is amended by striking the item relating to the heading for ‘‘(m) DETERMINATION OF FUNDING SOURCE.— Services. title IV and all that follows through the For any fiscal year, in addition to funds (4) The Secretary of Education. item relating to section 492 and inserting the awarded under subtitle B, funds under this (5) The Secretary of Labor. following new items: title to be used in a city or county shall only (6) The Secretary of Veterans Affairs. be awarded under either subtitle C or sub- (7) The Executive Director of the United ‘‘TITLE IV—HOUSING ASSISTANCE title D.’’. States Interagency Council on Homelessness. ‘‘Subtitle A—General Provisions (8) Project sponsors and recipients of SEC. 402. GAO STUDY OF HOMELESSNESS AND ‘‘Sec. 401. Definitions. HOMELESS ASSISTANCE IN RURAL homeless assistance grants serving rural ‘‘Sec. 402. Collaborative applicants. AREAS. areas and rural communities. ‘‘Sec. 403. Housing affordability strategy. (a) STUDY AND REPORT.—Not later than the (9) Individuals and families in or from ‘‘Sec. 404. Preventing involuntary family expiration of the 12-month period beginning rural areas and rural communities who have separation on the date of the enactment of this Act, the sought or are seeking Federal homeless as- ‘‘Sec. 405. Technical assistance. Comptroller General of the United States sistance services. ‘‘Sec. 406. Discharge coordination policy. shall conduct a study to examine homeless- (10) National advocacy organizations con- ‘‘Sec. 407. Protection of personally identi- ness and homeless assistance in rural areas cerned with homelessness, rural housing, and fying information by victim and rural communities and submit a report rural community development. service providers. to the Congress on the findings and conclu- (c) EFFECTIVE DATE.—This section shall ‘‘Sec. 408. Authorization of appropriations. sion of the study. The report shall contain take effect on the date of the enactment of ‘‘Subtitle B—Emergency Solutions Grants the following matters: this Act. Program (1) A general description of homelessness, TITLE V—REPEALS AND CONFORMING ‘‘Sec. 411. Definitions. including the range of living situations AMENDMENTS ‘‘Sec. 412. Grant assistance. among homeless individuals and homeless SEC. 501. REPEALS. ‘‘Sec. 413. Amount and allocation of assist- families, in rural areas and rural commu- Subtitles D, E, and F of title IV of the ance. nities of the United States, including tribal McKinney-Vento Homeless Assistance Act ‘‘Sec. 414. Allocation and distribution of as- lands and colonias. (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 sistance. (2) An estimate of the incidence and preva- et seq.) are hereby repealed. ‘‘Sec. 415. Eligible activities. ‘‘Sec. 416. Responsibilities of recipients. lence of homelessness among individuals and SEC. 502. CONFORMING AMENDMENTS. ‘‘Sec. 417. Administrative provisions. families in rural areas and rural commu- (a) CONSOLIDATED PLAN.—Section 403(1) of ‘‘Sec. 418. Administrative costs. nities of the United States. the McKinney-Vento Homeless Assistance (3) An estimate of the number of individ- Act (as so redesignated by section 101(2) of ‘‘Subtitle C—Continuum of Care Program uals and families from rural areas and rural this Act), is amended— ‘‘Sec. 421. Purposes. communities who migrate annually to non- (1) by striking ‘‘current housing afford- ‘‘Sec. 422. Continuum of care applications rural areas and non-rural communities for ability strategy’’ and inserting ‘‘consoli- and grants. homeless assistance. dated plan’’; and ‘‘Sec. 423. Eligible activities. (4) A description of barriers that individ- (2) by inserting before the comma the fol- ‘‘Sec. 424. Incentives for high-performing uals and families in and from rural areas and lowing: ‘‘(referred to in such section as a communities. rural communities encounter when seeking ‘comprehensive housing affordability strat- ‘‘Sec. 425. Supportive services. to access homeless assistance programs, and egy’)’’. ‘‘Sec. 426. Program requirements. recommendations for removing such bar- (b) PERSONS EXPERIENCING HOMELESS- ‘‘Sec. 427. Selection criteria. riers. NESS.—Section 103 of the McKinney-Vento ‘‘Sec. 428. Allocation of amounts and incen- (5) A comparison of the rate of homeless- Homeless Assistance Act (42 U.S.C. 11302), as tives for specific eligible activi- ness among individuals and families in and amended by the preceding provisions of this ties. from rural areas and rural communities com- Act, is further amended by adding at the end ‘‘Sec. 429. Renewal funding and terms of as- pared to the rate of homelessness among in- the following new subsection: sistance for permanent housing. dividuals and families in and from non-rural ‘‘(e) PERSONS EXPERIENCING HOMELESS- ‘‘Sec. 430. Matching funding. ‘‘Sec. 431. Appeal procedure. areas and non-rural communities. NESS.—Any references in this Act to home- (6) A general description of homeless as- less individuals (including homeless persons) ‘‘Sec. 432. Regulations. ‘‘Sec. 433. Reports to Congress. sistance for individuals and families in rural or homeless groups (including homeless per- areas and rural communities of the United sons) shall be considered to include, and to ‘‘Subtitle D—Rural Housing Stability States. refer to, individuals experiencing homeless- Assistance Program (7) A description of barriers that homeless ness or groups experiencing homelessness, ‘‘Sec. 491. Rural housing stability assist- assistance providers serving rural areas and respectively.’’. ance. rural communities encounter when seeking (c) RURAL HOUSING STABILITY ASSIST- ‘‘Sec. 492. Use of FHMA inventory for transi- to access Federal homeless assistance pro- ANCE.—Title IV of the McKinney-Vento tional housing for homeless grams, and recommendations for removing Homeless Assistance Act is amended by re- persons and for turnkey hous- such barriers. designating subtitle G (42 U.S.C. 11408 et ing.’’.

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0655 E:\CR\FM\A02AP6.219 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4369 By Mr. BAUCUS (for himself and ment, and local communities are work- citizen is immediately deemed ineli- Mr. GRASSLEY): ing together to preserve our precious gible for legal permanent residence and S. 812. A bill to amend the Internal natural resources. therefore becomes deportable. This is Revenue Code of 1986 to make perma- This legislation is vitally important the case even if ample evidence of a nent the special rule for contributions to Montana, and to every other State bona fide marriage, such as cohabita- of qualified conservation contribu- in the Nation. tion, and shared finances, exists. It is tions; to the Committee on Finance. Mr. President, I ask unanimous con- even the case if a couple had a U.S. Mr. BAUCUS. Mr. President, I rise sent that the text of the bill be printed born child. today to introduce the Rural Heritage in the RECORD. Because of the widow penalty, law- Conservation Extension Act of 2009, There being no objection, the text of abiding and well-intentioned widows along with my good friend, Senator the bill was ordered to be printed in who have played by the rules face im- GRASSLEY from Iowa. the RECORD, as follows: mediate deportation. During the 110th As we all know, the country, includ- S. 812 Congress, efforts to persuade the US ing my home State of Montana, is los- Be it enacted by the Senate and House of Rep- Citizenship and Immigration Services, ing precious agricultural and ranch resentatives of the United States of America in CIS, to address the issue administra- lands at a record pace. While providing Congress assembled, tively were unsuccessful. In the cur- Montana and the Nation with the high- SECTION 1. SHORT TITLE. rent administration, Secretary of est quality food and fiber, these farms This Act may be cited as the ‘‘Rural Herit- Homeland Security Janet Napolitano and ranches also provide habitat for age Conservation Extension Act of 2009’’. has directed that the Department of wildlife and the open spaces, land that SEC. 2. SPECIAL RULE FOR CONTRIBUTIONS OF Homeland Security review a number of many of us take for granted and as- QUALIFIED CONSERVATION CON- immigration issues, including the sume will always be there. Conserva- TRIBUTIONS MADE PERMANENT. (a) IN GENERAL.— widow penalty. Although this review is tion easements have been tremen- (1) INDIVIDUALS.—Subparagraph (E) of sec- welcome, there is some question re- dously successful in preserving open tion 170(b)(1) of the Internal Revenue Code of garding the Secretary’s authority to space and wildlife habitat. Montana 1986 (relating to contributions of qualified end the penalty administratively. That has begun to recognize the importance conservation contributions) is amended by is why a clean legislative fix is needed, of using conservation easements to pre- striking clause (vi). as scores of women and children face serve these lands. We currently have (2) CORPORATIONS.—Subparagraph (B) of immediate deportation today. more than 1.5 million acres covered by section 170(b)(2) of such Code (relating to There have been more than 200 widow conservation easements. To some, that qualified conservation contributions) is penalty victims throughout the coun- amended by striking clause (iii). may seem like a large amount, but this (b) EFFECTIVE DATE.—The amendments try, including a woman whose husband is Montana, a State that covers made by this section shall apply to contribu- died while serving overseas as a con- 93,583,532 acres. tions made in taxable years beginning after tractor in Iraq; a woman whose hus- To assure that open space and habi- the date of the enactment of this Act. band died trying to rescue people who tat will be there for future generations, were drowning in the San Francisco we must help our hardworking farmers By Mr. NELSON of Florida (for Bay; a woman whose husband was and ranchers preserve this precious himself, Mr. DURBIN, Mrs. FEIN- killed while on duty with the U.S. Bor- heritage and their way-of-life. The Con- STEIN, Mr. KENNEDY, Mr. der Patrol; and a woman who was ap- gress recognized this by providing tar- KERRY, and Mr. MENENDEZ): prehended by Federal agents when she geted income tax relief to small farm- S. 815. A bill to amend the Immigra- went to meet with immigration au- ers and ranchers who wish to make a tion and Nationality Act to exempt thorities to plead her case, placed in charitable contribution of a qualified surviving spouses of United States citi- shackles, and sent to a detention facil- conservation easement. The provision zens from the numerical limitations ity. allows eligible farmers and ranchers to described in section 201 of such Act; to The widow penalty has received na- increase the amounts of deduction that the Committee on the Judiciary. tional extensive national media atten- may be taken currently for charitable Mr. NELSON of Florida. Mr. Presi- tion, including from 60 Minutes, which contributions of qualified conservation dent, the Immigration and Nationality profiled Raquel Williams, a widow who easements by raising the Adjusted Act, INA, imposes what has become lives with her in-laws in Orlando, in a Gross Income, AGI, limitations to 100 known as the ‘‘widow penalty,’’ requir- segment entitled, ‘‘For Better or For percent and extending the carryover ing the deportation of individuals Worse—A Loss of Love and Country.’’ period from 5 years to 15 years. In the whose pending applications for green After she was deemed deportable fol- case of all landowners, the AGI limita- cards are rejected because their citizen lowing the sudden death of her husband tion was raised from 30 percent to 50 spouse died within the first two years from sleep apnea and heart problems, percent. This provision will expire at of marriage. Today, joined by Senators Ms. Williams and her in-laws have been the end of this year. DURBIN, FEINSTEIN, KENNEDY, KERRY telling their story to raise awareness The number of acres protected and AND MENENDEZ, I am introducing the about this issue. easements held by state and local land Fairness to Surviving Spouses Act of The harsh and unfair widow penalty trusts has grown as a result of this in- 2009. My bill will amend the INA to can be eliminated by allowing the peti- centive. According to the Land Trust remedy this unintended and unjustified tion to be adjudicated even though the Alliance, America’s Land Trusts pro- administrative procedure. citizen spouse has died. The proposed tected 535,000 more acres with con- This legislation is needed because, legislation affects only a small group servation easements in the first two under current law, when a US citizen of individuals who still would be re- years with the new tax incentive than marries a non-citizen, the non-citizen quired to demonstrate that they had a in the previous two years, a 36 percent is eligible to become a legal permanent bona fide marriage before receiving a increase. In 2006 and 2007, land trusts resident and receive a green card. Dur- green card. Thus, USCIS would retain added over 6,000 easements, about 2,000 ing the first two years of marriage, the the discretion to deny petitions, but more than the 2 years before the incen- only way this can be accomplished is they would no longer deny them auto- tive. through a petition that the citizen files matically in response to the death of The Rural Heritage Conservation Ex- on the non-citizen spouse’s behalf. The the citizen spouse. tension Act of 2009 would make this al- non-citizen cannot self-petition for Today, Rep. JIM MCGOVERN is intro- lowable deduction permanent, building legal permanent resident status during ducing identical legislation in the on the success of conservation ease- this time. House. His bill passed out of the House ments. Our farmers and ranchers will If, however, the citizen spouse dies Judiciary Committee during the 110th be able to preserve their important ag- while the petition, through no fault of Congress with bipartisan support, in- ricultural and ranching lands for fu- the couple, remains pending—and cluding from Republicans who led the ture generations, while continuing to delays in the process are often caused charge against comprehensive immi- operate their businesses. Landowners, due to bureaucratic delay—the petition gration reform. The widows who face conservationists, the Federal Govern- automatically is denied, and the non- deportation today should not be forced

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.225 S02APPT1 rfrederick on PROD1PC67 with SENATE S4370 CONGRESSIONAL RECORD — SENATE April 2, 2009 to wait for the Congress to take up Tribe, the Wild Salmon Center, and Sec. 1. Short title; table of contents. comprehensive immigration reform. Bill Ruckelshaus. Sec. 2. Findings; purposes. This legislation is needed now because Wild Pacific salmon are central to Sec. 3. Definitions. it simply corrects an arbitrary and un- the culture, economy, and environment Sec. 4. Salmon Stronghold Partnership. Sec. 5. Information and assessment. just sanction, one which would never of western North America. While cur- Sec. 6. Salmon stronghold watershed grants have occurred but for the Govern- rent Federal, State, and local salmon and technical assistance pro- ment’s failure to act more in a more recovery efforts are focused on recov- gram. timely manner and the unfortunate ering salmon listed under the Endan- Sec. 7. Interagency cooperation. fact that the citizen spouse died before gered Species Act, ESA, seeking to re- Sec. 8. International cooperation. the couple’s second anniversary. store what we’ve lost—the Salmon Sec. 9. Acquisition and transfer of real prop- Mr. President, I ask unanimous con- Stronghold Act seeks to protect what erty interests. sent that the text of the bill be printed we have. Current efforts to recover Sec. 10. Administrative provisions. Sec. 11. Limitations. in the RECORD. threatened or endangered salmon Sec. 12. Reports to Congress. There being no objection, the text of stocks are vital. This is why I have Sec. 13. Authorization of appropriations. the bill was ordered to be printed in consistently fought for increased fund- SEC. 2. FINDINGS; PURPOSES. the RECORD, as follows: ing for the Pacific Coast Salmon Re- (a) FINDINGS.—Congress makes the fol- S. 815 covery Fund, PCSRF, and will continue lowing findings: Be it enacted by the Senate and House of Rep- to proudly do so. (1) Several species of salmon native to the resentatives of the United States of America in The PCSRF, since its inception in rivers of the United States are highly migra- Congress assembled, 2000, has allowed my home State of tory, interacting with salmon originating SECTION 1. RELIEF FOR SURVIVING SPOUSES. Washington to focus the efforts of from Canada, Japan, Russia, and South Korea and spending portions of their life his- (a) IN GENERAL.—The second sentence of counties and conservation districts, on tory outside of the territorial waters of the section 201(b)(2)(A)(i) of the Immigration and average, to remove 300 barriers to fish United States. Recognition of the migratory Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is passage and to open 300 miles of habi- and transboundary nature of salmon species amended by inserting ‘‘(or, if married to tat each year. That’s 2,400 barriers re- has led countries of the North Pacific to seek such citizen for less than 2 years at the time enhanced coordination and cooperation of the citizen’s death, an alien who proves by moved and 2,400 miles of habitat re- through multilateral and bi-lateral agree- a preponderance of the evidence that the stored. In 2008, for every Federal dollar ments. marriage was entered into in good faith and spent on this program it leveraged (2) Salmon are a keystone species, sus- not solely for the purpose of obtaining an about $2 local and State dollars. taining more than 180 other species in fresh- immigration benefit)’’ after ‘‘for at least 2 I will continue the fight to protect water and marine ecosystems. They are also years at the time of the citizen’s death’’. this salmon recovery funding. But an indicator of ecosystem health and poten- (b) APPLICABILITY.— more must be done. A key purpose of tial impacts of climate change. (1) IN GENERAL.—The amendment made by this act is to complement existing Fed- (3) Salmon are a central part of the cul- subsection (a) shall apply to all applications ture, economy, and environment of Western and petitions relating to immediate relative eral, State and local salmon recovery North America. status under section 201(b)(2)(A)(i) of the Im- efforts by directing new Federal re- (4) Economic activities relating to salmon migration and Nationality Act (8 U.S.C. sources to conserve healthy salmon generate billions of dollars of economic ac- 1151(b)(2)(A)(i)) pending on or after the date populations. This legislation will uti- tivity and provide thousands of jobs. of the enactment of this Act. lize sound science to identify and sus- (5) During the anticipated rapid environ- (2) TRANSITION CASES.— tain core centers of salmon abundance, mental change during the period beginning (A) IN GENERAL.—Notwithstanding any productivity, and diversity in the on the date of the enactment of this Act, other provision of law, an alien described in healthiest remaining salmon eco- maintaining key ecosystem processes and subparagraph (B) who seeks immediate rel- functions, population abundance, and genetic ative status pursuant to the amendment systems throughout the Pacific States. integrity will be vital to ensuring the health made by subsection (a) shall file a petition This bill establishes a new regional of salmon populations. under section 204(a)(1)(A)(ii) of the Immigra- Salmon Stronghold Partnership pro- (6) Salmon strongholds provide critical tion and Nationality Act (8 U.S.C. gram that provides federal support and production zones for commercial, rec- 1154(a)(1)(A)(ii)) not later than the date that resources to protect a network of the reational, and subsistence fisheries. is 2 years after the date of the enactment of healthiest remaining wild Pacific salm- (7) Taking into consideration the fre- this Act. on ecosystems in North America. The quency with which fisheries have collapsed (B) ALIENS DESCRIBED.—An alien is de- bill promotes enhanced coordination during the period preceding the date of the scribed in this subparagraph if— enactment of this Act, using scientific re- (i) the alien’s United States citizen spouse and cooperation of Federal, tribal, search to correctly identify and conserve died before the date of the enactment of this State and local governments, public core centers of abundance, productivity, and Act; and private land managers, fisheries diversity is vital to sustain salmon popu- (ii) the alien and the citizen spouse were managers, power authorities, and non- lations and fisheries in the future. married for less than 2 years at the time of governmental organizations in efforts (8) Measures being undertaken as of the the citizen spouse’s death; and to protect salmon strongholds. date of the enactment of this Act to recover (iii) the alien has not remarried. It is time to increase funding for re- threatened or endangered salmon stocks, in- covery efforts, but also focus on pre- By Ms. CANTWELL (for herself, cluding Federal, State, and local programs vention. It is time to adopt the kind of to restore salmon habitat, are vital. These Ms. MURKOWSKI, Mrs. MURRAY, comprehensive solution that can solid- measures will be complemented and en- Mrs. FEINSTEIN, Mrs. BOXER, ify the place wild Pacific salmon hold hanced by identifying and sustaining core Mr. WYDEN, Mr. MERKLEY, and in American culture for generations to centers of abundance, productivity, and di- Mr. BEGICH): come. versity in the healthiest remaining salmon S. 817. A bill to establish a Salmon ecosystems throughout the range of salmon Mr. President, I ask unanimous con- species. Stronghold Partnership program to sent that the text of the bill be printed conserve wild Pacific salmon and for (9) The effects of climate change are affect- in the RECORD. other purposes; to the Committee on ing salmon habitat at all life history stages There being no objection, the text of and future habitat conservation must con- Commerce, Science, and Transpor- the bill was ordered to be printed in sider climate change projections to safe- tation. the RECORD, as follows: guard natural systems under future climate Ms. CANTWELL. Mr. President, I conditions. S. 817 rise today to introduce the Pacific (10) Greater coordination between public Salmon Stronghold Conservation Act Be it enacted by the Senate and House of Rep- and private entities can assist salmon of 2009, together with my colleague resentatives of the United States of America in strongholds by marshaling and focusing re- Congress assembled, from Alaska Senator Murkowski. I am sources on scientifically-supported, high pri- grateful for all the input and collabora- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ority conservation actions. (a) SHORT TITLE.—This Act may be cited as (b) PURPOSES.—The purposes of this Act tion from key stakeholders in Wash- the ‘‘Pacific Salmon Stronghold Conserva- are— ington State that I have received on tion Act of 2009’’. (1) to expand Federal support and resources this legislation. I am especially grate- (b) TABLE OF CONTENTS.—The table of con- for the protection and restoration of the ful for the input from the Quileute tents for this Act is as follows: healthiest remaining salmon strongholds in

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North America to sustain core centers of (10) SECRETARY.—Except as otherwise pro- (2) NOTICE.—Prior to each meeting, the salmon abundance, productivity, and diver- vided, the term ‘‘Secretary’’ means the Sec- Board shall give timely notice of the meet- sity in order to ensure the long-term viabil- retary of Commerce. ing to the public, the government of each ity of salmon populations— SEC. 4. SALMON STRONGHOLD PARTNERSHIP. county, and tribal government in which a (A) in the States of California, Idaho, Or- (a) IN GENERAL.— salmon stronghold is identified by the Board. egon, and Washington, by focusing resources (1) ESTABLISHMENT.—The Secretary shall (d) BOARD CONSULTATION.—The Board shall on cooperative, incentive-based efforts to establish a Salmon Stronghold Partnership seek expertise from fisheries experts from conserve the roughly 20 percent of salmon that is a cooperative, incentive-based, pub- agencies, colleges, or universities, as appro- habitat that supports approximately two- lic-private partnership among appropriate priate. thirds of salmon abundance; and Federal, State, tribal, and local govern- (e) CHAIRPERSON.—The Board shall nomi- (B) in the State of Alaska, a regional ments, private landowners, and nongovern- nate and select a Chairperson from among stronghold that produces more than one- mental organizations working across polit- the members of the Board. (f) COMMITTEES.—The Board— third of all salmon, by increasing resources ical boundaries, government jurisdictions, (1) shall establish a standing science advi- available to public and private organizations and land ownerships to identify and conserve sory committee to assist the Board in the de- working cooperatively to conserve regional salmon strongholds. velopment, collection, evaluation, and peer core centers of salmon abundance and diver- (2) MEMBERSHIP.—To the extent possible, review of statistical, biological, economic, sity; the membership of the Salmon Stronghold social, and other scientific information; and (2) to maintain and enhance economic ben- Partnership shall include each entity de- (2) may establish additional standing or ad efits related to fishing or associated with scribed under subsection (b). hoc committees as the Board determines are healthy salmon stronghold habitats, includ- (3) LEADERSHIP.—The Salmon Stronghold necessary. ing flood protection, recreation, water quan- Partnership shall be managed by a Board established by the Secretary to be known as (g) CHARTER.—The Board shall develop a tity and quality, carbon sequestration, cli- written charter that— mate change mitigation and adaptation, and the Salmon Stronghold Partnership Board. (b) SALMON STRONGHOLD PARTNERSHIP (1) provides for the members of the Board other ecosystem services; and BOARD.— described in subsection (b); (3) to complement and add to existing Fed- (1) IN GENERAL.—The Board shall consist of (2) may be signed by a broad range of part- eral, State, and local salmon recovery efforts representatives with strong scientific or ners, to reflect a shared understanding of the by using sound science to identify and sus- technical credentials and expertise as fol- purposes, intent, and governance framework tain core centers of salmon abundance, pro- lows: of the Salmon Stronghold Partnership; and ductivity, and diversity in the healthiest re- (A) 1 representative from each of— (3) includes— maining salmon ecosystems throughout (i) the National Marine Fisheries Service, (A) the defining criteria for a salmon their range. as appointed by the Administrator; stronghold; SEC. 3. DEFINITIONS. (ii) the United States Fish and Wildlife (B) the process for identifying salmon Service, as appointed by the Director; strongholds; and In this Act: (iii) the Forest Service, as appointed by (C) the process for reviewing and awarding (1) ADMINISTRATOR.—The term ‘‘Adminis- the Chief of the Forest Service; grants under the program, including— trator’’ means the Assistant Administrator (iv) the Environmental Protection Agency, (i) the number of years for which such a for the National Marine Fisheries Service of as appointed by the Administrator of the En- grant may be awarded; the National Oceanic and Atmospheric Ad- vironmental Protection Agency; (ii) the process for renewing such a grant; ministration. (v) the Bonneville Power Administration, (iii) the eligibility requirements for such a (2) BOARD.—The term ‘‘Board’’ means the as appointed by the Administrator of the grant; Salmon Stronghold Partnership Board estab- Bonneville Power Administration; (iv) the reporting requirements for projects lished under section 4. (vi) the Bureau of Land Management, as awarded such a grant; and (3) CHARTER.—The term ‘‘charter’’ means appointed by the Director of the Bureau of (v) the criteria for evaluating the success the charter of the Board developed under sec- Land Management; and of a project carried out with such a grant. tion 4(g). (vii) the Northwest Power and Conserva- (h) FEDERAL ADVISORY COMMITTEE ACT.— (4) DIRECTOR.—The term ‘‘Director’’ means tion Council, as appointed by the Northwest The Federal Advisory Committee Act (5 the Director of the United States Fish and Power and Conservation Council. U.S.C. App.) shall not apply to the Board. Wildlife Service. (B) 1 representative from the natural re- SEC. 5. INFORMATION AND ASSESSMENT. (5) ECOSYSTEM SERVICES.—The term ‘‘eco- sources staff of the office of the Governor or The Administrator shall carry out specific system services’’ means an ecological benefit of an appropriate natural resource agency of information and assessment functions asso- generated from a healthy, functioning eco- a State, as appointed by the Governor, from ciated with salmon strongholds, in coordina- system, including clean water, pollutant fil- each of the States of— tion with other regional salmon efforts, in- tration, regulation of river flow, prevention (i) Alaska; cluding— of soil erosion, regulation of climate, and (ii) California; (1) triennial assessment of status and fish production. (iii) Idaho; trends in salmon strongholds; (6) PROGRAM.—Except as otherwise pro- (iv) Oregon; and (2) geographic information system and vided, the term ‘‘program’’ means the salm- (v) Washington. mapping support to facilitate conservation on stronghold watershed grants and tech- (C) Not less than 3 and not more than 5 planning; nical assistance program established under representatives from Indian tribes or tribal (3) projections of climate change impacts section 6(a). commissions located within the range of a on all habitats and life history stages of (7) SALMON.—The term ‘‘salmon’’ means salmon species, as appointed by such Indian salmon; any of the wild anadromous Oncorhynchus tribes or tribal commissions, in consultation (4) development and application of models species that occur in the Western United with the Board. and other tools to identify salmon conserva- States, including— (D) 1 representative from each of 3 non- tion actions projected to have the greatest (A) chum salmon (Oncorhynchus keta); governmental organizations with salmon positive impacts on salmon abundance, pro- (B) pink salmon (Oncorhynchus conservation and management expertise, as ductivity, or diversity within salmon strong- gorbuscha); selected by the Board. holds; and (C) sockeye salmon (Oncorhynchus nerka); (E) 1 national or regional representative (5) measurement of the effectiveness of the (D) chinook salmon (Oncorhynchus from an association of counties, as selected Salmon Stronghold Partnership activities. tshawytscha); by the Board. SEC. 6. SALMON STRONGHOLD WATERSHED (E) coho salmon (Oncorhynchus kisutch); (F) Representatives of other entities with GRANTS AND TECHNICAL ASSIST- and significant resources regionally dedicated to ANCE PROGRAM. (F) steelhead trout (Oncorhynchus the protection of salmon ecosystems that (a) IN GENERAL.—The Administrator, in mykiss). the Board determines are appropriate, as se- consultation with the Director, shall estab- (8) SALMON STRONGHOLD.—The term ‘‘salm- lected by the Board. lish a salmon stronghold watershed grants on stronghold’’ means all or part of a water- (2) FAILURE TO APPOINT.—If a representa- and technical assistance program, as de- shed or that meets biological criteria for tive described in subparagraph (B), (C), (D), scribed in this section. abundance, productivity, diversity (life his- (E), or (F) of paragraph (1) is not appointed (b) PURPOSE.—The purpose of the program tory and run timing), habitat quality, or to the Board or otherwise fails to participate shall be to support salmon stronghold pro- other biological attributes important to sus- in the Board, the Board shall carry out its tection and restoration activities, includ- taining viable populations of salmon functions until such representative is ap- ing— throughout their range, as defined by the pointed or joins in such participation. (1) to fund the administration of the Salm- Board. (c) MEETINGS.— on Stronghold Partnership in carrying out (9) SALMON STRONGHOLD PARTNERSHIP.—The (1) FREQUENCY.—Not less frequently than 3 the charter; term ‘‘Salmon Stronghold Partnership’’ times each year, the Board shall meet to pro- (2) to encourage cooperation among the en- means the Salmon Stronghold Partnership vide opportunities for input from a broader tities represented on the Board, local au- established under section 4(a)(1). set of stakeholders. thorities, and private entities to establish a

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.227 S02APPT1 rfrederick on PROD1PC67 with SENATE S4372 CONGRESSIONAL RECORD — SENATE April 2, 2009 network of salmon strongholds, and assist carried out, in accordance with subsection under the program for a project shall provide locally in specific actions that support the (d). periodic reports to the State or the National Salmon Stronghold Partnership; (d) CRITERIA FOR APPROVAL.— Fish and Wildlife Foundation, as appro- (3) to support entities represented on the (1) CRITERIA DEVELOPED BY THE BOARD.— priate, that includes the information re- Board— (A) REQUIREMENT TO DEVELOP.—The Board quired by the State or the National Fish and (A) to develop strategies focusing on salm- shall develop and provide criteria for the Wildlife Foundation to evaluate the progress on conservation actions projected to have prioritization of projects funded under the and success of the project. the greatest positive impacts on abundance, program in a manner that enables projects (2) REPORTS TO THE ADMINISTRATION.—Not productivity, or diversity in salmon strong- to be individually ranked in sequential order less frequently than once every 3 years, each holds; and by the magnitude of the project’s positive State that is provided program funds under (B) to provide financial assistance to the impacts on salmon abundance, productivity, subsection (c)(1)(A) and the National Fish Salmon Stronghold Partnership to increase or diversity. and Wildlife Foundation shall provide re- local economic opportunities and resources (B) SPECIFIC REQUIREMENTS.—The criteria ports to the Administrator that include the for actions or practices that provide long- required by subparagraph (A) shall require information required by the Administrator term or permanent conservation and that that a project that receives assistance under to evaluate the implementation of the pro- maintain key ecosystem services in salmon the program— gram. (i) contributes to the conservation of salm- strongholds, including— SEC. 7. INTERAGENCY COOPERATION. on; (i) payments for ecosystem services; and The head of each Federal agency or depart- (ii) meets the criteria for eligibility estab- (ii) demonstration projects designed for ment responsible for acquiring, managing, or lished in the charter; specific salmon strongholds; disposing of Federal land that is within a (iii)(I) addresses a factor limiting or (4) to maintain a forum to share best prac- salmon stronghold shall, to the extent con- threatening to limit abundance, produc- tices and approaches, employ consistent and sistent with the mission of the agency or de- comparable metrics, forecast and address cli- tivity, diversity, habitat quality, or other bi- partment and existing law, cooperate with mate impacts, and monitor, evaluate, and re- ological attributes important to sustaining the Administrator and the Director— port regional status and trends of salmon viable salmon populations within a salmon (1) to conserve the salmon strongholds; and ecosystems in coordination with related re- stronghold; or (2) to effectively coordinate and streamline gional and State efforts; (II) is a programmatic action that supports Salmon Stronghold Partnership activities (5) to carry out activities and existing con- the Salmon Stronghold Partnership; and delivery of overlapping, incentive-based servation programs in, and across, salmon (iv) addresses limiting factors to healthy programs that affect the salmon stronghold. strongholds on a regional scale to achieve ecosystem processes or sustainable fisheries the goals of the Salmon Stronghold Partner- management; SEC. 8. INTERNATIONAL COOPERATION. ship; (v) has the potential for conservation bene- (a) AUTHORITY TO COOPERATE.—The Admin- (6) to accelerate the implementation of re- fits and broadly applicable results; and istrator and the Board may share status and covery plans in salmon strongholds that (vi) meets the requirements for— trends data, innovative conservation strate- have salmon populations listed as threatened (I) cost sharing described in subsection (e); gies, conservation planning methodologies, or endangered under the Endangered Species and and other information with North Pacific Act of 1973 (16 U.S.C. 1531 et seq.); (II) the limitation on administrative ex- countries, including Canada, Japan, Russia, (7) to develop and make information avail- penses described in subsection (f). and South Korea, and appropriate international entities to promote conservation of able to the public pertaining to the Salmon (C) SCHEDULE FOR DEVELOPMENT.—The Stronghold Partnership; and Board shall— salmon and salmon habitat. (8) to conduct education outreach to the (i) develop and provide the criteria re- (b) SENSE OF CONGRESS.—It is the sense of public, in coordination with other programs, quired by subparagraph (A) prior to the ini- Congress that the Administrator and the to encourage increased stewardship of salm- tial solicitation of projects under the pro- Board, or entities that are members of the on strongholds. gram; and Board, should and are encouraged to provide (c) SELECTION.—Projects that will be car- (ii) revise such criteria not less often than information to North Pacific countries, in- ried out with assistance from the program once each year. cluding Canada, Japan, Russia, and South shall be selected and administered as fol- (e) COST SHARING.— Korea, and appropriate international entities lows: (1) FEDERAL SHARE.— to support the development of a network of (1) SITE-BASED PROJECTS.—A project that (A) NON-FEDERAL LAND.—For any fiscal salmon strongholds across the nations of the will be carried out with assistance from the year, the Federal share of the cost of a North Pacific. program within 1 State shall be selected as project that receives assistance under the SEC. 9. ACQUISITION AND TRANSFER OF REAL follows: program and that is carried out on land that PROPERTY INTERESTS. (A) STATE SELECTION.—If a State has a is not owned by the United States shall not (a) USE OF REAL PROPERTY.—No project competitive grant process relating to salmon exceed 50 percent of the total cost of the that will result in the acquisition by the conservation in effect as of the date of enact- project. Secretary or the Secretary of the Interior of ment of this Act and has a proven record of (B) FEDERAL LAND.—For any fiscal year, any land or interest in land, in whole or in implementing an efficient, cost-effective, the Federal share of the cost of a project part, may receive funds under this Act un- and competitive grant program for salmon that receives assistance under the program less the project is consistent with the pur- conservation or has a viable plan to provide and that is carried out on land that is owned poses of this Act. accountability under the program— by the United States, including the acquisi- (b) PRIVATE PROPERTY PROTECTION.—No (i) the National Fish and Wildlife Founda- tion of inholdings, may be up to 100 percent Federal funds made available to carry out tion, in consultation with the Board, shall of the total cost of the project. this Act may be used to acquire any real provide program funds to the State; and (2) NON-FEDERAL SHARE.— property or any interest in any real property (ii) the State shall select and administer (A) IN GENERAL.—Subject to subparagraph without the written consent of the 1 or more projects to be carried out in such State, in (B), the non-Federal share of the cost of a owners of the property or interest in prop- accordance with subsection (d). project that receives assistance under the erty. (B) NATIONAL FISH AND WILDLIFE FOUNDA- program may not be derived from Federal (c) TRANSFER OF REAL PROPERTY.—No land TION SELECTION.—If a State does not meet grant programs, but may include in-kind or interest in land, acquired in whole or in the criteria described in subparagraph (A)— contributions. part by the Secretary of the Interior with (i) the Administrator, in consultation with (B) BONNEVILLE POWER ADMINISTRATION.— Federal funds made available under this Act the Director, shall provide funds to the Na- Any amounts provided by the Bonneville to carry out a salmon stronghold conserva- tional Fish and Wildlife Foundation; and Power Administration directly or through a tion project may be transferred to a State, (ii) the National Fish and Wildlife Founda- grant to another entity used to carry out a other public agency, or other entity unless— tion, in consultation with the Board, shall project that receives assistance under the (1) the Secretary of the Interior determines select and administer projects to be carried program shall be credited toward the non- that the State, agency, or entity is com- out in such State, in accordance with sub- Federal share of the cost of the project. mitted to manage, in accordance with this section (d). (f) ADMINISTRATIVE EXPENSES.—Of the Act and the purposes of this Act, the prop- (2) MULTISITE AND PROGRAMMATIC INITIA- amount available to a State or the National erty being transferred; and TIVES.—For a project that will be carried out Fish and Wildlife Foundation under the pro- (2) the deed or other instrument of transfer with assistance from the program in more gram for each fiscal year, such State and the contains provisions for the reversion of the than 1 State or that is a programmatic ini- National Fish and Wildlife Foundation shall title to the property to the United States if tiative that affect more than 1 State— not expend more than 5 percent of such the State, agency, or entity fails to manage (A) the Administrator, in consultation amount for administrative and reporting ex- the property in accordance with this Act and with the Director, shall provide funds to the penses necessary to carry out this section. the purposes of this Act. National Fish and Wildlife Foundation; and (g) REPORTS.— (d) REQUIREMENT.—Any real property in- (B) the National Fish and Wildlife Founda- (1) REPORTS TO STATES OR NFWF.—Each per- terest conveyed under subsection (c) shall be tion, in consultation with the Board, shall son who receives assistance through a State subject to such terms and conditions as will select and administer such projects to be or the National Fish and Wildlife Foundation ensure, to the maximum extent practicable,

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.227 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4373 that the interest will be administered in ac- SEC. 12. REPORTS TO CONGRESS. for the 21st century classroom and to cordance with this Act and the purposes of Not less frequently than once every 3 meet the needs and expectations of to- this Act. years, the Administrator, in consultation day’s students. Furthermore, tech- SEC. 10. ADMINISTRATIVE PROVISIONS. with the Director, shall submit to Congress a report describing the activities carried out nology and e-learning in our schools (a) CONTRACTS, GRANTS, AND TRANSFERS OF under this Act, including the recommenda- are a must if we are to meet our Na- FUNDS.—In carrying out this Act, the Sec- tions of the Administrator, if any, for legis- tion’s science, technology, engineering, retary may— lation relating to the Salmon Stronghold and mathematics education needs and (1) consistent with a recommendation of Partnership. to provide students with the skills nec- the Board and notwithstanding sections 6304 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. and 6305 of title 31, United States Code, and essary to succeed in the 21st century (a) GRANTS.— the Federal Financial Assistance Manage- knowledge-based, global economy. (1) IN GENERAL.—There is authorized to be ment Improvement Act of 1999 (31 U.S.C. 6101 By authorizing the Enhancing Edu- appropriated to the Administrator, to be dis- note; Public Law 106–107), enter into coopera- cation Through Technology Act, tributed by the National Fish and Wildlife tive agreements, contracts, and grants; Foundation as a fiscal agent, to provide EETT, as part of NCLB, Congress rec- (2) notwithstanding any other provision of grants under the program, $30,000,000 for each ognized that Federal leadership and in- law, apply for, accept, and use grants from of fiscal years 2009 through 2013. vestment is needed to serve as a cata- any person to carry out the purposes of this (2) BOARD.—The National Fish and Wildlife lyst for State and local education ini- Act; and Foundation shall, from the amount appro- (3) make funds available to any Federal tiatives aimed at school innovation priated pursuant to the authorization of ap- agency or department to be used by the and improved student achievement. propriations in paragraph (1), make available agency or department to award financial as- EETT has shown to be effective, par- sufficient funds to the Board to carry out its sistance for any salmon stronghold protec- ticularly in my home State of New duties under this Act. tion, restoration, or enhancement project (b) TECHNICAL ASSISTANCE.—For each of Mexico. As you know, many schools that the Secretary determines to be con- fiscal years 2009 through 2013, there is au- often do not have access to learning re- sistent with this Act. thorized to be appropriated to the Adminis- sources that enable their students to (b) DONATIONS.— trator $300,000 to provide technical assist- gain an academic background with the (1) IN GENERAL.—The Secretary may— ance under the program and to carry out sec- technological skills and knowledge (A) enter into an agreement with any orga- tion 5. nization described in section 501(c)(3) of the necessary to succeed in college or the (c) AVAILABILITY OF FUNDS.—Amounts ap- modern workplace. Through EETT, Internal Revenue Code of 1986 to authorize propriated pursuant to an authorization of the organization to carry out activities appropriations in this section are authorized programs such as the Online Teaching under this Act; and to remain available until expended. and Learning Opportunities Year 2, (B) accept donations of funds or services have become bright spots of oppor- for use in carrying out this Act. By Mr. BINGAMAN (for himself, tunity in some of our Nation’s most (2) PROPERTY.—The Secretary of the Inte- Mr. BURR, Mr. KENNEDY, Mr. isolated communities and have brought rior may accept donations of property for HATCH, and Mrs. MURRAY): technical training, professional devel- use in carrying out this Act. S. 818. A bill to reauthorize the En- opment and advanced technology re- (3) USE OF DONATIONS.—Donations accepted under this section— hancing Education Through Tech- sources to teachers and students. Not- (A) shall be considered to be gifts or be- nology Act of 2001, and for other pur- withstanding this record of success, it quests to, or for the use of, the United poses; to the Committee on Health, is critical that states such as New Mex- States; and Education, Labor, and Pensions. ico have the opportunity to further ad- (B) may be used directly by the Secretary Mr BINGAMAN. Mr. President, I rise vance the use of learning technologies (or, in the case of donated property under today with my colleagues Senators to deliver innovative instruction and paragraph (2), the Secretary of the Interior) BURR, KENNEDY, HATCH and MURRAY to curriculum. or provided to other Federal agencies or de- introduce the Achievement Through To this end, the ATTAIN Act has partments through interagency agreements. Technology and Innovation, ATTAIN, three main objectives. First, to ensure (c) INTERAGENCY FINANCING.—The Sec- Act of 2009. retary may participate in interagency fi- that through technology every student nancing, including receiving appropriated This bill would amend title II of the has access to individualized, rigorous, funds from other agencies or departments to Elementary and Secondary Education and relevant learning to meet the goals carry out this Act. Act of 1965 to rename part D, Achieve- of NCLB and to prepare all students for (d) STAFF.—Subject to the availability of ment through Technology and Innova- the 21st century. Second, to build upon appropriations, the Administrator may hire tion, and reauthorize it through and increase the use of evidence-based such additional full-time employees as are FY2014. I am very pleased that ATTAIN and innovative systemic school rede- necessary to carry out this Act. is supported by the Consortium for sign that centers around technology. SEC. 11. LIMITATIONS. School Networking, International So- And finally, to provide meaningful pro- Nothing in this Act may be construed— ciety for Technology and Education, fessional development around tech- (1) to create a reserved water right, express Software and Information Industry As- nology that leads to changes in teach- or implied, in the United States for any pur- sociation, State Educational Tech- ing and curriculum and improves stu- pose, or affect the management or priority of nology Directors Association, and dent technology literacy. water rights under State law; many other education groups. (2) to affect existing water rights under The future of our students’ success Federal or State law; In 2002, Congress enacted the No depends on the quality of their edu- (3) to affect any Federal or State law in ex- Child Left Behind Act to close the cational experience. I want to thank istence on the date of enactment of this Act achievement gap between low-income, Senators BURR, KENNEDY, HATCH, and regarding water quality or water quantity; underperforming students and their MURRAY for their leadership and com- (4) to affect the authority, jurisdiction, or more affluent peers. Without a renewed mitment to improving education in responsibility of any agency or department dedication to the quality of programs this country. They remain tireless ad- of the United States or of a State to manage, used in our schools, this goal, as well vocates for our Nation’s students, and I control, or regulate fish and resident wildlife as providing an excellent education for under a Federal or State law or regulation; am pleased to be working with them on (5) to authorize the Secretary or the Sec- students, will be difficult to achieve. this legislation as we begin reauthor- retary of the Interior to control or regulate While there is no question that we have izing the No Child Left Behind Act. hunting or fishing under State law; made progress in recent years in ad- This legislation is an integral step in (6) to abrogate, abridge, affect, modify, su- vancing educational opportunity, I re- advancing State and local learning persede, or otherwise alter any right of a fed- main concerned about the number of technologies for millions of students erally recognized Indian tribe under any ap- schools that are failing to meet the across the country, and I urge my col- plicable Federal or tribal law or regulation; performance criteria set out in the No leagues to support this legislation. or Child Left Behind Act. Mr. President, I ask unanimous con- (7) to diminish or affect the ability of the The bill I am introducing represents Secretary or the Secretary of the Interior to sent that the text of the bill be printed join the adjudication of rights to the use of a critical step forward in advancing in the RECORD. water pursuant to subsections (a), (b), or (c) learning technologies for millions of There being no objection, the text of of section 208 of the Department of Justice students across the country. Many the bill was ordered to be printed in Appropriation Act, 1953 (43 U.S.C. 666). schools lack the resources necessary the RECORD, as follows:

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.227 S02APPT1 rfrederick on PROD1PC67 with SENATE S4374 CONGRESSIONAL RECORD — SENATE April 2, 2009 S. 818 and technology-based curriculum interven- ‘‘(A) possesses the leadership skills nec- Be it enacted by the Senate and House of Rep- tions, students taught by such teachers had essary for effective technology integration resentatives of the United States of America in scores that increased by 14 points in 8th and every teacher possesses the knowledge Congress assembled, grade mathematics, 16 points in 4th grade and skills to use technology across the cur- SECTION 1. ACHIEVEMENT THROUGH TECH- mathematics, and 13 points in 4th grade riculum; NOLOGY AND INNOVATION. reading compared with control groups. ‘‘(B) uses technology and curriculum rede- Part D of title II of the Elementary and ‘‘(4) Technology and e-learning in our Na- sign as key components of changing teaching Secondary Education Act of 1965 (20 U.S.C. tion’s schools are necessary to meet our Na- and learning and improving student achieve- 6751 et seq.) is amended to read as follows: tion’s science, technology, engineering, and ment; ‘‘PART D—ACHIEVEMENT THROUGH mathematics (STEM) education needs and to ‘‘(C) uses technology for data analysis to TECHNOLOGY AND INNOVATION provide students with 21st century skills, in- enable individualized instruction; and ‘‘SEC. 2401. SHORT TITLE. cluding technology literacy, information lit- ‘‘(D) uses technology to improve student ‘‘This part may be cited as the ‘Achieve- eracy, communication skills, problem solv- technology literacy. ment Through Technology and Innovation ing skills, and the ability for self-directed ‘‘(3) To ensure that every student is tech- Act of 2009’ or the ‘ATTAIN Act’. life-long learning. nologically literate by the end of 8th grade, ‘‘SEC. 2402. FINDINGS, PURPOSES, AND GOALS. ‘‘(5) A 2003 Department of Commerce report regardless of the student’s race, ethnicity, ‘‘(a) FINDINGS.—Congress makes the fol- credits United States industry’s investments gender, family income, geographic location, lowing findings: in information technology between 1989 and or disability. ‘‘(1) Learning technologies in our Nation’s 2001 with ‘producing positive and probably ‘‘(4) To improve student engagement, op- schools are critical— lasting changes in the Nation’s economic po- portunity, attendance, graduation rates, and ‘‘(A) to meet the goals of the No Child Left tential’, but finds United States education technology access through enhanced or rede- Behind Act of 2001 of raising student achieve- last in intensity of information technology signed curriculum or instruction. ment, closing the achievement gap, and en- in 55 industry sectors. ‘‘(5) To more effectively use data to inform suring high-quality teaching; and ‘‘(6) Many of our Nation’s schools lack the instruction, address individualized student ‘‘(B) to ensure that our Nation’s students resources necessary for the 21st century needs, and support school decisionmaking. are prepared to compete in the 21st century classroom and to meet the needs and expec- ‘‘SEC. 2403. DEFINITION OF STUDENT TECH- knowledge-based global economy. tations of today’s digital native students, in- NOLOGY LITERACY. ‘‘(2) Increased professional development cluding— ‘‘In this part: opportunities are needed if teachers are to be ‘‘(A) software, digital content, and ‘‘(1) LOCAL EDUCATIONAL AGENCY.— highly qualified and effective in a 21st cen- broadband resources; and ‘‘(A) IN GENERAL.—The term ‘local edu- tury classroom with today’s digital native ‘‘(B) other technologies. cational agency’ includes a consortium of students, including professional development ‘‘(7) According to the Department of Edu- local educational agencies. opportunities— cation’s National Educational Technology ‘‘(B) IMPLEMENTING REGULATIONS.—The ‘‘(A) in the use of learning technologies to Trends Study (NETTS 2007), insufficient or Secretary shall promulgate regulations im- deliver innovative instruction and cur- outdated technology presented a substantial plementing subparagraph (A). riculum; and barrier to technology use for teaching and ‘‘(2) STUDENT TECHNOLOGY LITERACY.—The ‘‘(B) to use data to inform instruction. learning for more than 40 percent of stu- term ‘student technology literacy’ means ‘‘(3) Scientifically based research, con- dents, while the lack of support specialists student knowledge and skills in using conducted with Federal funding, demonstrates was a barrier to technology use for more temporary information, communication, and that systemic redesign initiatives centered than 50 percent of students. learning technologies in a manner necessary around technology have shown great promise ‘‘(8) Federal leadership and investment is for successful employment, life-long learn- in improving teaching and learning, includ- needed to serve as a catalyst for State and ing, and citizenship in the knowledge-based, ing the following: local education initiatives aimed at school digital, and global 21st century, which in- ‘‘(A) In Utah, Missouri, and Maine, the innovation and improved student achieve- cludes, at a minimum, the ability— eMINTS program provides schools and teach- ment through leveraging educational tech- ‘‘(A) to effectively communicate and col- ers with educational technology tools, cur- nologies. According to the Department of laborate; riculum, and more than 200 hours of profes- Education’s National Educational Tech- ‘‘(B) to analyze and solve problems; sional development to change how teachers nology Trends Study (NETTS 2007), ‘Because ‘‘(C) to access, evaluate, manage, and cre- teach and students learn. In classrooms in funds generated locally through bonds or ate information and otherwise gain informa- the same school (1 with eMINTS and 1 with- taxes frequently have legal restrictions re- tion literacy; out), the student achievement of students in quiring them to be spent on hardware and ‘‘(D) to demonstrate creative thinking, the eMINTS classroom was repeatedly over connectivity purchases only, Federal and construct knowledge, and develop innovative 10 percent higher than the control class- State funds supporting the use of technology products and processes; and room. resources fill a critical gap.’. ‘‘(E) to do so in a safe and ethical manner. ‘‘(B) In West Virginia, students receiving ‘‘(b) PURPOSES.—The purposes of this part ‘‘SEC. 2404. AUTHORIZATION OF APPROPRIA- access to online foreign language courses are the following: TIONS. performed at least as well as students in ‘‘(1) To ensure that through technology ‘‘(a) IN GENERAL.—There are authorized to face-to-face versions of the classes, providing every student has access to individualized, be appropriated to carry out this part, comparable high-quality instruction for stu- rigorous, and relevant learning to meet the $1,000,000,000 for fiscal year 2010, and such dents in rural areas who otherwise would not goals of this part, and to prepare all students sums as may be necessary for each of the 5 have access to such courses. and the United States for the 21st century. succeeding fiscal years. ‘‘(C) In Michigan’s Freedom to Learn tech- ‘‘(2) To evaluate, build upon, and increase ‘‘(b) ALLOCATION OF FUNDS BETWEEN STATE nology program, proficiency on Michigan the use of evidence-based and innovative sys- AND LOCAL AND NATIONAL INITIATIVES.—Of Education Assessment Program (MEAP) temic school redesigns that center on the use the funds made available under subsection tests of 8th grade mathematics increased of technology that leads to school improve- (a) for a fiscal year— from 31 percent in 2004 to 63 percent in 2005 ment and increased student achievement. ‘‘(1) 3 percent or $10,000,000, whichever in 1 middle school, and science achievement ‘‘(3) To increase ongoing, meaningful pro- amount is less, shall be available to carry increased from 68 percent of students professional development around technology out subpart 2, of which— ficient in 2003 to 80 percent in 2004. that— ‘‘(A) $2,000,000 shall be available to carry ‘‘(D) In Texas, the Technology Immersion ‘‘(A) leads to changes in teaching and cur- out section 2411(1); and Pilot (TIP), implemented in middle schools, riculum; ‘‘(B) 1.5 percent or $4,000,000, whichever demonstrated that discipline referrals went ‘‘(B) improves student achievement, in- amount is less, shall be available to carry down by more than 1⁄2 with the changes in cluding in core academic subjects; out section 2412; and teaching and learning; while in 1 school, the ‘‘(C) improves student technology literacy; ‘‘(2) the remainder of the funds made avail- percentage of 6th graders who passed the and able under subsection (a) shall be available reading portion of the 2006 State assessment ‘‘(D) is aligned with professional develop- to carry out subpart 1. (TAKS) test was up 17 points from 2004, and ment activities supported under section 2123. ‘‘(c) LIMITATION.— the percentage of 7th graders who passed the ‘‘(c) GOALS.—The goals of this part are the ‘‘(1) LOCAL ADMINISTRATIVE COSTS.—Of the mathematics portion of the TAKS rose 13 following: funds made available to a local educational points. The students participating in the ‘‘(1) To improve student academic achieve- agency under this part for a fiscal year, not Technology Immersion Pilot have become ment with respect to State academic stand- more than 3 percent may be used by the local more responsible for their learning, more en- ards through the use of professional develop- educational agency for administrative costs. gaged in the classroom, and much more ment and systemic school redesigns that ‘‘(2) STATE ADMINISTRATIVE COSTS.—Of the knowledgeable about the role of technology center on the use of technology and the ap- funds made available to a State educational in problem solving and learning. plications of technology. agency under section 2406(a)(1), not more ‘‘(E) In Iowa, after connecting teachers ‘‘(2) To improve professional development than 60 percent may be used by the State with sustainable professional development to ensure every school administrator— educational agency for administrative costs.

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.228 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4375 ‘‘Subpart 1—State and Local Grants ‘‘(A) ensure the subgrants are of sufficient under this subpart in implementing, and will ‘‘SEC. 2405. ALLOTMENT AND REALLOTMENT. size and scope to be effective, consistent help improve the local educational agency’s ‘‘(a) RESERVATIONS AND ALLOTMENT.—From with the purposes of this part; capacity to implement, professional develop- the amount made available to carry out this ‘‘(B) ensure subgrants are of sufficient du- ment programs pursuant to section subpart under section 2404(b)(2) for a fiscal ration to be effective, consistent with the 2410(b)(1)(A). year— purposes of this part, including by awarding ‘‘(5) A description of how the State edu- ‘‘(1) the Secretary shall reserve— subgrants for a period of not less than 2 cational agency will ensure that teachers, ‘‘(A) 3⁄4 of 1 percent for the Secretary of the years that may be renewed for not more than paraprofessionals, library and media per- Interior for programs under this subpart for an additional 3 years; sonnel, and administrators served by the schools operated or funded by the Bureau of ‘‘(C) give preference in the awarding of sub- State educational agency possess the knowl- Indian Affairs; and grants to local educational agencies that edge and skills— ‘‘(B) 1⁄2 of 1 percent to provide assistance serve schools in need of improvement, as ‘‘(A) to use technology across the cur- under this subpart to the outlying areas; and identified under section 1116, including those riculum; ‘‘(2) subject to subsection (b), the Sec- schools with high populations of— ‘‘(B) to use technology and curriculum re- retary shall use the remainder to award ‘‘(i) students with limited English pro- design as key components of changing teach- grants by allotting to each State educational ficiency; ing and learning and improving student agency an amount that bears the same rela- ‘‘(ii) students with disabilities; or achievement; tionship to such remainder for such year as ‘‘(iii) other subgroups of students who have ‘‘(C) to use technology for data analysis to the amount received under part A of title I not met the State’s student academic enable individualized instruction; and for such year by such State educational achievement standards; and ‘‘(D) to use technology to improve student agency bears to the amount received under ‘‘(D) ensure an equitable distribution of technology literacy. such part for such year by all State edu- subgrants under subsection (a)(3)(B) among ‘‘(6) A description of the process, activities, cational agencies. urban and rural areas of the State, according and performance measures that the State ‘‘(b) MINIMUM ALLOTMENT.—The amount of to the demonstrated need for assistance educational agency will use to evaluate the any State educational agency’s allotment under this subpart of the local educational impact and effectiveness of activities de- under subsection (a)(2) for any fiscal year agencies serving the areas. scribed in section 2408(b). shall not be less than 1⁄2 of 1 percent of the ‘‘(2) MINIMUM SUBGRANT.—The amount of ‘‘(7) Identification of the State challenging amount made available for allotments to any local educational agency’s subgrant academic content standards and challenging State educational agencies under this part under subsection (a)(3)(A) for any fiscal year student academic achievement standards for such year. shall be not less than $3,000. that the State educational agency will use to ensure that each student is technology lit- ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational agency does not apply any local educational agency does not apply erate by the end of the 8th grade consistent for an allotment under this subpart for a fis- for a subgrant under subsection (a)(3)(A) for with the definition of student technology lit- cal year, or does not use the State edu- a fiscal year, or does not use the local edu- eracy, and a description of how the State cational agency’s entire allotment under cational agency’s entire allotment under educational agency will assess, not less than this subpart for that fiscal year, the Sec- this subpart for that fiscal year, the State once by the end of 8th grade, student performance in gaining technology literacy retary shall reallot the amount of the State shall reallot the amount of the local edu- only for the purpose of tracking progress to- educational agency’s allotment, or the un- cational agency’s allotment, or the unused used portion of the allotment, to the remain- wards achieving the 8th grade technology lit- portion of the allotment, to the remaining ing State educational agencies that use their eracy goal but not for meeting adequate local educational agencies that use their en- entire allotments under this subpart in ac- yearly progress goals, including through em- tire allotments under this subpart in accord- cordance with this section. bedding such assessment items in other ance with this section. ‘‘(d) STATE EDUCATIONAL AGENCY DE- State tests or performance-based assess- FINED.—In this section, the term ‘State edu- ‘‘SEC. 2407. STATE APPLICATIONS. ments portfolios, or through other valid and cational agency’ does not include an agency ‘‘(a) IN GENERAL.—To be eligible to receive reliable means, except that nothing in this of an outlying area or the Bureau of Indian a grant under this subpart, a State edu- subpart shall be construed to require States Affairs. cational agency shall submit to the Sec- to develop a separate test to assess student ‘‘SEC. 2406. USE OF ALLOTMENT BY STATE. retary, at such time and in such manner as technology literacy. ‘‘(a) IN GENERAL.—Of the amount provided the Secretary may specify, an application ‘‘(8) An assurance that financial assistance to a State educational agency under section containing the contents described in sub- provided under this subpart will supplement, 2405(a)(2) for a fiscal year— section (b) and such other information as the and not supplant, State and local funds. ‘‘(1) the State educational agency may use Secretary may reasonably require. ‘‘(9) A description of how the State edu- not more than 5 percent of such amount or ‘‘(b) CONTENTS.—Each State educational cational agency will, in providing technical $100,000, whichever amount is greater, to agency application submitted under sub- and other assistance to local educational carry out activities under section 2408(a); section (a) shall include each of the fol- agencies, give priority to those local edu- ‘‘(2) the State educational agency shall use lowing: cational agencies identified by the State 2.5 percent of such amount or $50,000, which- ‘‘(1) A description of how the State edu- educational agency as having the highest ever amount is greater, to carry out activi- cational agency will support local edu- need for assistance under this subpart, in- ties under section 2408(b); and cational agencies that receive subgrants cluding those local educational agencies ‘‘(3) the State educational agency shall dis- under this subpart in meeting, and help im- with the highest percentage or number— tribute the remainder as follows: prove the local educational agencies’ capac- ‘‘(A) of students from families with in- ‘‘(A) The State educational agency shall ity to meet, the purposes and goals of this comes below the poverty line; use 60 percent of the remainder to award Im- part and the requirements of this subpart, ‘‘(B) of students not achieving at the State proving Teaching and Learning through including through technical assistance. proficiency level; Technology subgrants to local educational ‘‘(2) A description of the State educational ‘‘(C) of student populations identified agencies having applications approved under agency’s long-term goals and strategies for under section 2406(b)(1)(C); or section 2409(c) for the activities described in improving student academic achievement, ‘‘(D) of schools identified as in need of im- section 2410(b) by allotting to each such local including in core academic subjects and in provement under section 1116. educational agency an amount that bears student technology literacy, through the ef- ‘‘(10) A description of how the State edu- the same relationship to 60 percent of the re- fective use of technology in classrooms and cational agency will ensure that each mainder for such year as the amount re- schools throughout the State. subgrant awarded under section 2406(a)(3)(B) ceived under part A of title I for such year ‘‘(3) A description of the priority area upon is of sufficient size, scope, and duration to be by such local educational agency bears to which the State educational agency will effective as required under section 2406(b), the amount received under such part for focus the State educational agency’s guid- and that such subgrants are appropriately such year by all local educational agencies ance, technical assistance, and other assist- targeted and equitably distributed as re- within the State, subject to subsection (b)(2). ance under this subpart, and other local sup- quired under section 2406(b) to carry out the ‘‘(B) The State educational agency shall port under this subpart, such that the pri- purposes of this part effectively. use 40 percent of the remainder to award ority area shall be identified by the State ‘‘(11) A description of how the State edu- Systemic School Redesign through Tech- educational agency from among the core cational agency consulted with local edu- nology Integration subgrants, through a academic subjects, grade levels, and student cational agencies in the development of the State-determined competitive process, to subgroup populations that may be causing State application. local educational agencies having applica- the most number of local educational agen- ‘‘SEC. 2408. STATE ACTIVITIES. tions approved under section 2409(b) for the cies in the State to not make adequate year- ‘‘(a) MANDATORY AND PERMISSIVE ACTIVI- activities described in section 2410(a). ly progress, as defined in section TIES.— ‘‘(b) SUFFICIENT AMOUNTS.— 1111(b)(2)(C). ‘‘(1) MANDATORY ACTIVITIES.—From funds ‘‘(1) SPECIAL RULE.—In awarding subgrants ‘‘(4) A description of how the State edu- made available under section 2406(a)(1), a under subsection (a)(3)(B), the State educational agency will support local edu- State educational agency shall carry out cational agency shall— cational agencies that receive subgrants each of the following activities:

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.228 S02APPT1 rfrederick on PROD1PC67 with SENATE S4376 CONGRESSIONAL RECORD — SENATE April 2, 2009 ‘‘(A) Identify the State challenging aca- courses and curricula through the use of ‘‘(A) collectively lead to school or school demic content standards and challenging technology, including distance learning district change and improvement, including student academic achievement standards technologies. in the use of technology and in improved stu- that the State educational agency will use to ‘‘(C) Assisting local educational agencies dent achievement; and ensure that each student is technology lit- that receive subgrants under this subpart in ‘‘(B) incorporate all of the following ele- erate by the end of the 8th grade consistent providing sustained and intensive, high-qual- ments: with the definition of student technology lit- ity professional development pursuant to ‘‘(i) Reform or redesign of curriculum, in- eracy. section 2410(b)(1)(A), including through as- struction, assessment, use of data, or other ‘‘(B) Assess not less than once by the end sistance in a review of relevant research. standards-based school or classroom prac- of the 8th grade student performance in gain- ‘‘(b) ACTIVITIES RELATING TO RESEARCH.— tices through the use of technology in order ing technology literacy consistent with sub- From funds made available under section to increase student learning opportunity, paragraph (A), including through embedding 2406(a)(2), a State educational agency shall student technology literacy, student access such assessment items in other State tests, carry out 1 or more of the following activi- to technology, and student engagement in performance-based assessments, or port- ties: learning. folios, or through other means, except that ‘‘(1) Conduct scientifically based or other ‘‘(ii) Improvement of educator quality, such assessments shall be used only to track rigorous research to evaluate the impact of 1 knowledge and skills through ongoing, sus- student technology literacy and shall not be or more programs or activities carried out tainable, timely, and contextual professional used to determine adequate yearly progress. under subsection (a) in meeting the purposes development described in section ‘‘(C) Publish the results of the State edu- and goals of this part. 2410(b)(1)(A). cational agency’s technology literacy assess- ‘‘(2) Provide technical assistance to local ‘‘(iii) Development of student technology ment administered under subparagraph (B) educational agencies in carrying out evalua- literacy and other skills necessary for 21st not less than 3 months after the assessment tion research activities as required under century learning and success. is administered such that the results are section 2410(a)(1). ‘‘(iv) Ongoing use of formative assessments made widely available to local educational ‘‘(3) Create 1 or more evaluation research and other timely data sources and data sys- agencies, parents, and citizens, including protocols, designs, performance measure- tems to more effectively identify individual through presentation on the Internet, and ment systems, or other tools to assist local student learning needs and guide personal- transmit such results to the Secretary. educational agencies in carrying out evalua- ized instruction, learning, and appropriate ‘‘(D) Provide guidance, technical assist- tion activities as required under section interventions that address individual stu- ance, and other assistance in the priority 2410(a)(1). dent learning needs. area identified by the State pursuant to sec- ‘‘(4) Collect and disseminate the findings of ‘‘(v) Engagement of school district leaders, tion 2407(b)(3) to local educational agencies the evaluation research activities carried school leaders, and classroom educators. receiving subgrants of less than $10,000 under out by local educational agencies under ‘‘(vi) Programs, practices, and technologies section 2406(a)(3)(A) with a priority given to paragraphs (1), (2), and (3). that are research-based or innovative, such those local educational agencies with the ‘‘SEC. 2409. LOCAL APPLICATIONS. that research-based systemic redesigns are highest need for assistance described in sec- ‘‘(a) IN GENERAL.—Each local educational based on a review of the best available re- tion 2407(b)(9). agency desiring a subgrant from a State edu- search evidence, and innovative systemic re- ‘‘(E) Provide technical assistance to local cational agency under this subpart shall sub- designs are based on development and use of educational agencies, with a priority given mit to the State educational agency an ap- new redesigns, programs, practices, and tech- to those local educational agencies identified plication containing a new or updated local nologies. by the State as having the highest need for long-range strategic educational technology ‘‘(2) An assurance that the local edu- assistance under this subpart, including plan, and such other information as the cational agency will use not less than 25 per- those local educational agencies with the State educational agency may reasonably recent of the subgrant funds to implement a highest percentage or number of (i) students quire, at such time and in such manner as program of professional development de- from families with incomes below the pov- the State educational agency may require. scribed in section 2410(b)(1)(A). erty line, (ii) students not achieving at the The application shall contain each of the fol- ‘‘(3) A description of how the local edu- State proficiency level, (iii) student popu- lowing: cational agency will evaluate the impact of lations described in section 2406(b)(1)(C), and ‘‘(1) A description of how the local edu- 1 or more programs or activities carried out (iv) schools identified as in need of improve- cational agency will align and coordinate under this subpart in meeting 1 or more of ment under section 1116, in the following the local educational agency’s use of funds the purposes or goals of this part. ways: under this subpart with— ‘‘(c) FORMULA GRANTS; IMPROVING TEACH- ‘‘(i) Submitting applications for funding ‘‘(A) the school district technology plan; ING AND LEARNING THROUGH TECHNOLOGY.—In under this part. ‘‘(B) the school district plans and activities addition to components included in sub- ‘‘(ii) Carrying out activities authorized for improving student achievement, includ- section (a), a local educational agency that under section 2410, including implementation ing plans and activities under sections 1111 submits an application for a subgrant under of systemic school redesigns as described in and 1112, and sections 1116 and 2123, as appli- section 2406(a)(3)(A) shall submit to the section 2409(b). cable; and State educational agency an application con- ‘‘(iii) Developing local educational tech- ‘‘(C) funds available from other Federal, taining each of the following: nology plans and integrating such plans with State, and local sources. ‘‘(1) An assurance that the local edu- the local educational agency’s plans for im- ‘‘(2) An assurance that financial assistance cational agency will use not less than 40 per- proving student achievement under sections provided under this subpart will supplement, cent of the subgrant funds for— 1111 and 1112, and, if applicable, section 1116. and not supplant other funds available to ‘‘(A) professional development described in ‘‘(F) Provide guidance, technical assist- carry out activities assisted under this sec- section 2410(b)(1)(A); and ance, and other assistance to local edu- tion. ‘‘(B) technology tools, applications, and cational agencies regarding the local edu- ‘‘(3) A description of the process used to as- other resources related specifically to such cational agency’s plans to assess, and, as sess and, as needed, update the computers, professional development activities. needed, update the computers, software, software, servers, and other technologies ‘‘(2) A description of how the local edu- servers, and other technologies throughout throughout the local educational agency in cational agency will implement a program of the local educational agency in terms of the terms of their functional capabilities, age, professional development required under functional capabilities, age, and other speci- and other specifications, in order to ensure paragraph (1)(A). fications of the technology, including to en- technologies can process, at scale, new appli- ‘‘(3) A description of how the local edu- sure such technologies can process, at scale, cations and online services, such as video cational agency will employ technology new applications and online services such as conferencing, video streaming, virtual sim- tools, applications, and other resources in video conferencing, video streaming, virtual ulations, and distance learning courses. professional development and to improve simulations, and distance learning. ‘‘(4) Such other information as the State student learning and achievement in the ‘‘(2) PERMISSIVE ACTIVITIES.—From funds educational agency may reasonably require. area of priority identified by the local edu- made available under section 2406(a)(1), a ‘‘(b) COMPETITIVE GRANTS; SYSTEMIC cational agency pursuant to paragraph (4). State educational agency may carry out 1 or SCHOOL REDESIGN THROUGH TECHNOLOGY IN- ‘‘(4) A description of the priority area upon more of the following activities: TEGRATION.—In addition to components in- which the local educational agency will ‘‘(A) State leadership activities and tech- cluded in subsection (a), a local educational focus the subgrant funds provided under this nical assistance that assist local educational agency submitting an application for a subpart, such that such priority area shall be agencies that receive subgrants under this subgrant under section 2406(a)(3)(B) shall identified from among the core academic subpart in achieving the purposes and goals submit to the State educational agency an subjects, grade levels, and student subgroup of this part. application containing each of the following: populations in which the most number of ‘‘(B) Assist local educational agencies that ‘‘(1) A description of how the local edu- students served by the local educational receive subgrants under this subpart in the cational agency will use the subgrant funds agency are not proficient. development and utilization of research- to implement systemic school redesign, ‘‘(d) COMBINED APPLICATIONS.—A local edu- based or innovative strategies for the deliv- which is a comprehensive set of programs, cational agency that submits an application ery of specialized or rigorous academic practices, and technologies that— to the State educational agency for subgrant

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funds awarded under section 2406(a)(3)(B) ‘‘(b) FORMULA GRANTS; IMPROVING TEACH- ing mathematics, science, and foreign lan- may, upon notice to the State educational ING AND LEARNING THROUGH TECHNOLOGY.— guage courses, often not available except agency, submit a single application that will From funds made available to a local edu- through technology such as online learning, also be considered by the State educational cational agency under section 2406(a)(3)(A), especially in rural and high-poverty schools. agency as an application for subgrant funds the local educational agency shall carry out ‘‘(C) Increasing parental involvement awarded under section 2406(a)(3)(A), if the ap- activities to improve student learning, stu- through improved communication with plication addresses each application require- dent technology literacy, and achievement teachers and access to student assignments ment under subsections (a), (b), and (c). in the area of priority identified by the local and grades. ‘‘(e) CONSORTIUM APPLICATIONS.—For any educational agency under section 2409(c)(4), ‘‘(D) Enhancing accountability, instruc- fiscal year, a local educational agency apply- including each of the following: tion, and data-driven decisionmaking ing for a subgrant described in section ‘‘(1) The local educational agency shall use through data systems that allow for manage- 2406(a)(3) may apply as part of a consortium not less than 40 percent of subgrant funds for ment, analysis, and disaggregating of stu- in which more than 1 local educational agen- professional development activities that are dent, teacher, and school data. cy jointly submits a subgrant application aligned with activities supported under sec- ‘‘(E) Such other activities as are appro- under this subpart, except that no local edu- tion 2123 to improve teacher quality and priate and consistent with the goals and pur- cational agency may receive more than 1 skills through support for the following: poses of this part. subgrant under this subpart. ‘‘(A) Training of teachers, paraprofes- ‘‘(c) MULTIPLE GRANTS.—A local edu- sionals, library and media personnel, and ad- ‘‘SEC. 2410. LOCAL ACTIVITIES. cational agency that receives a grant under ministrators, which— ‘‘(a) COMPETITIVE GRANTS; SYSTEMIC subparagraph (A) and subparagraph (B) of ‘‘(i) shall include the development, acquisi- section 2406(a)(3) may use all such grant SCHOOL REDESIGN THROUGH TECHNOLOGY IN- tion, or delivery of— TEGRATION.—From subgrant funds made funds for activities authorized under sub- ‘‘(I) training that is ongoing, sustainable, section (a). available to a local educational agency timely, and directly related to up-to-date ‘‘Subpart 2—National Activities under section 2406(a)(3)(B), the local edu- teaching content areas; cational agency— ‘‘(II) training in strategies and pedagogy in ‘‘SEC. 2411. NATIONAL ACTIVITIES. ‘‘(1) shall use not less than 5 percent of the core academic subjects that involve use ‘‘From the amount made available to carry such subgrant funds to evaluate the impact of technology and curriculum redesign as out national activities under section of 1 or more programs or activities carried key components of changing teaching and 2404(b)(1) (other than the amounts made out under the subgrant in meeting 1 or more learning and improving student achieve- available to carry out subparagraphs (A) and of the purposes or goals of this part as ap- ment; (B) of section 2404(b)(1)), the Secretary, proved by the State educational agency as ‘‘(III) training in the use of technology to working through and in coordination with part of the local application described in sec- ensure every educator is technologically lit- the Director of the Office of Educational tion 2409(b)(3); and erate, including possessing the knowledge Technology and collaborating, as appro- ‘‘(2) shall use the remaining funds to im- and skills— priate, with the National Center for Achieve- plement a plan for systemic school redesign, ‘‘(aa) to use technology across the cur- ment Through Technology authorized under which may take place in 1 or more schools riculum; section 2412, shall carry out the following ac- served by the local educational agency or ‘‘(bb) to use technology and curriculum re- tivities: across all schools served by the local edu- design as key components of innovating ‘‘(1) NATIONAL REPORT.—The Secretary cational agency, in accordance with section teaching and learning and improving student shall annually conduct and publish a na- 2409(b)(1), including each of the following: achievement; tional report on student technology literacy ‘‘(A) Using not less than 25 percent of ‘‘(cc) to use technology for data analysis to to determine the extent to which students subgrant funds to improve teacher quality enable individualized instruction; and have gained student technology literacy by and skills through support for the following: ‘‘(dd) to use technology to improve student the end of the 8th grade. In conducting the ‘‘(i) Professional development activities, as technology literacy; and study, the Secretary shall— described in subsection (b)(1)(A). ‘‘(IV) training that includes ongoing com- ‘‘(A) consult first with experts and stake- ‘‘(ii) The acquisition and implementation munication and follow-up with instructors, holders, including educators and education of technology tools, applications, and other facilitators, and peers; and leaders, education technology experts from resources to be employed in the professional ‘‘(ii) may include— education and industry, and the business and development activities described in clause ‘‘(I) the use of instructional technology higher education communities seeking sec- (i). specialists, mentors, or coaches to work di- ondary school graduates with student tech- ‘‘(B) Acquiring and effectively imple- rectly with teachers, including through the nology literacy; and menting technology tools, applications, and preparation of 1 or more teachers as tech- ‘‘(B) employ a random stratified sample other resources in conjunction with enhanc- nology leaders or master teachers who are methodology of student technology literacy ing or redesigning the curriculum or instruc- provided with the means to serve as experts performance using a cost-effective assess- tion in order to— and train other teachers in the effective use ment that is a readily available, valid, and ‘‘(i) increase student learning opportunity of technology; and reliable assessment instrument. or access, student engagement in learning, ‘‘(II) the use of technology, such as dis- ‘‘(2) STUDENT TECHNOLOGY LITERACY.—The or student attendance or graduation rates; tance learning and online virtual educator- Secretary shall publish each year the results ‘‘(ii) improve student achievement in 1 or to-educator peer communities, as a means of the State technology literacy assessments more of the core academic subjects; and for delivering professional development. carried out under section 2408(a)(1)(C). ‘‘(iii) improve student technology literacy. ‘‘(B) The acquisition and implementation ‘‘(3) NATIONAL EDUCATION TECHNOLOGY ‘‘(C) Acquiring and effectively imple- of technology tools, applications, and other PLAN.—Based on the Nation’s progress and menting technology tools, applications, and resources to be employed in the professional an assessment by the Secretary of the con- other resources to— development activities described in subpara- tinuing and future needs of the Nation’s ‘‘(i) conduct ongoing formative assess- graph (A). schools in effectively using technology to ments and use other timely data sources and ‘‘(2) The local educational agency shall use provide all students the opportunity to meet data systems to more effectively identify in- the funds that remain after application of challenging State academic content and stu- dividual student learning needs and guide paragraph (1) to acquire or implement tech- dent academic achievement standards, the personalized instruction, learning, and ap- nology tools, applications, and other re- Secretary shall update and publish, in a form propriate interventions that address those sources to improve student learning, student readily accessible to the public, a national individualized student learning needs; technology literacy, and student achieve- long-range technology plan not less often ‘‘(ii) support individualized student learn- ment in the area of priority identified by the than once every 5 years, and shall implement ing, including through instructional soft- local educational agency, including through such plan. ware and digital content that supports the 1 or more of the following: ‘‘(4) OTHER NATIONAL ACTIVITIES.—From the learning needs of each student, or through ‘‘(A) Conducting ongoing formative assess- funds remaining after carrying out para- providing access to high-quality courses and ment and using other timely data sources graphs (1), (2), and (3), the Secretary shall instructors, including mathematics, science, and data systems to more effectively iden- carry out 1 or more of the following activi- and foreign language courses, often not tify individual student learning needs and ties: available except through technology and on- guide personalized instruction, learning, and ‘‘(A) Support efforts to increase student line learning, especially in rural and high- appropriate interventions that address those technology literacy, including through out- poverty schools; and individualized student learning needs. reach to education, business, and elected ‘‘(iii) conduct such other activities as ap- ‘‘(B) Supporting individualized student leaders aimed at building understanding of propriate consistent with the goals and pur- learning, including through instructional the knowledge and skills students need to poses of research-based and innovative sys- software and digital content that supports succeed in the 21st century through the use temic school redesign, including activities the learning needs of each student served by of technology for life-long learning, citizen- that increase parental involvement through the local educational agency under the ship, and workplace success. improved communication with teachers and subgrant, or through providing access to ‘‘(B) Support the work of the National Cen- access to student assignments and grades. high-quality courses and instructors, includ- ter for Achievement Through Technology in

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.228 S02APPT1 rfrederick on PROD1PC67 with SENATE S4378 CONGRESSIONAL RECORD — SENATE April 2, 2009 serving as a national resource for the im- ‘‘(II) student technology literacy and re- ‘‘(A) Teachers and other educators who use provement of technology implementation in lated 21st century college preparedness and technologies. education through identification and dis- workforce competitiveness; and ‘‘(B) Local and State education leaders semination of promising practices and exem- ‘‘(ii) complement other such efforts under- who administer programs employing tech- plary programs that effectively use edu- taken by public and private agencies and or- nologies. cational technologies. ganizations. ‘‘(C) Businesses that develop educational ‘‘(C) Support efforts to increase the capac- ‘‘SEC. 2412. NATIONAL CENTER FOR ACHIEVE- technologies. ity of State and local education officials to MENT THROUGH TECHNOLOGY. ‘‘(D) Researchers who study educational budget for technology acquisition and imple- ‘‘(a) PURPOSE.—The purpose of this section technologies. mentation, including taking into account is to establish a National Center for Achieve- ‘‘(E) Related education, educational tech- the long-term costs of such acquisition and ment Through Technology that— nology, and business organizations. ‘‘(c) NATIONAL CENTER FOR ACHIEVEMENT implementation, how technology invest- ‘‘(1) provides national leadership regarding THROUGH TECHNOLOGY ACTIVITIES.—The Cen- improvement in the use of technology in ments may increase effectiveness and effi- ter shall carry out the following activities: ciencies that ultimately save other edu- education, with a focus on elementary and ‘‘(1) PROMISING PRACTICES, EXEMPLARY PRO- secondary education, including technology’s cational costs or provide improved out- GRAMS AND RESEARCH.—The Center shall role in improving— comes, and how spending for technology in identify and compile promising practices, ex- ‘‘(A) student achievement; education shall be considered in a com- emplary programs, quantitative and quali- ‘‘(B) student technology literacy; and prehensive cost-benefit analysis and not sim- tative research, and other information and ‘‘(C) teacher quality; ply as a supplemental expense. evidence demonstrating— ‘‘(D) Support staff at the Department and ‘‘(2) serves as a national resource for the ‘‘(A) the broad uses and positive impacts of other Federal agencies in their under- improvement of technology implementation technology in elementary and secondary standing of education technology, the role of in education through identification and dis- education; and technology in Federal education programs, semination of promising practices and exem- ‘‘(B) the factors and steps important to and how Federal grantees can be supported plary programs that effectively use edu- technology’s improvement and to the effec- in integrating education technologies into cational technologies to improve teaching tive use of technology with students so that the grantees’ programs as appropriate. and learning, teacher quality, student en- specific technologies are considered in the ‘‘(E) Convene stakeholders in an effort to gagement and opportunity, student achieve- context of the comprehensive educational outline and support a national research and ment and technology literacy, and the effi- program or practice in which the tech- development agenda aimed at supporting ciency and productivity of the education en- nologies are used— public-private partnerships to leverage terprise, including serving as a national re- ‘‘(i) across a curriculum to improve teach- evolving technologies to meet evolving edu- source for the related research and research ing, learning, and student achievement, in- cational needs. on the conditions and practices that support cluding in the core academic subjects; ‘‘(F) Convene practitioners and leaders the effective use of technology in education; ‘‘(ii) to support the teaching and learning from local and State education, business and and of student technology literacy; industry, higher education, or other stake- ‘‘(3) provides an annual report to Congress ‘‘(iii) for formative and summative assess- holder communities— that— ment, including to inform instruction and ‘‘(i) to carry out the activities under this ‘‘(A) synthesizes the promising practices data-driven decisionmaking, to individualize paragraph, including convening an annual and exemplary programs that effectively use instruction, and for accountability purposes; educational technologies to improve the forum on leadership and classroom tech- ‘‘(iv) to improve student learning and teaching and learning described in paragraph nology best practices; achievement, including through— (2); and ‘‘(ii) to otherwise address challenges and ‘‘(I) improving student interest and en- ‘‘(B) includes the related research and re- opportunities in the use of technology to im- gagement; search on the conditions and practices that prove teaching, learning, teacher quality, ‘‘(II) increasing student access to courses support the effective use of technology in student achievement, student technology lit- and instructors through distance learning education described in paragraph (2). eracy, and the efficiency and productivity of and expanded student learning time; and ‘‘(b) ESTABLISHMENT.— the education enterprise; and ‘‘(III) individualizing curriculum and in- ‘‘(1) IN GENERAL.—From amounts made struction to meet unique student learning ‘‘(iii) to otherwise support school innova- available under section 2404(b)(1)(B), the Di- needs, learning styles, and pace; tion and our Nation’s competitiveness. rector of the Office of Educational Tech- ‘‘(v) to improve teacher quality, including ‘‘(G) Support efforts to ensure teachers and nology shall award a grant, on a competitive through professional development and time- other educators have the knowledge and basis, to an eligible entity to enable the eli- ly and ongoing training and support; and skills to teach in the 21st century through gible entity to establish a National Center ‘‘(vi) to improve the efficiency and produc- the use of technology, including by providing for Achievement Through Technology (in tivity of the classroom and school enter- assistance to and sharing information with this section referred to as the ‘Center’). prise, including through data management State accrediting agencies, colleges of teach- ‘‘(2) COORDINATION WITH THE INSTITUTE.— and analysis, resource management, and er education, and other educational institu- The Director of the Office of Educational communications; and tions and government entities involved in Technology shall award the grant under ‘‘(C) the policies, budgeting, technology in- the preparation and certification of teachers, paragraph (1) in coordination with the Direc- frastructure, conditions, practices, teacher to ensure such teachers possess the knowl- tor of the Institute of Education Sciences, training, school leadership, and other imple- edge and skills prior to entering the teaching but the Director of the Office of Educational mentation factors important to improving force. Technology shall administer the grant pro- the effectiveness of technology in elemen- ‘‘(H) Support efforts to assist principals, gram under this section. tary and secondary education as outlined in superintendents, and other senior school and ‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In subparagraph (B), including in— school district administrators in adapting this section the term ‘eligible entity’ means ‘‘(i) the knowledge and skills teachers and to, and leading their schools with, 21st cen- an entity that is— other educators need to teach in the 21st tury technology tools and 21st century ‘‘(A) a research organization or research century through the use of technology, in- knowledge and skills, including the fol- institution with education technology as one cluding knowledge and skills necessary— lowing: of the organization or institution’s primary ‘‘(I) to use technology and curriculum re- ‘‘(i) Developing a blueprint for the job areas of focus; or design as key components of changing teach- skills required and the coursework and expe- ‘‘(B) a partnership that consists of a re- ing and learning; rience necessary to be prepared for school search organization or research institution ‘‘(II) to use technology for data analysis to leadership. described in subparagraph (A) and 1 or more enable individualized instruction; and ‘‘(ii) Supporting the development of profes- education institutions or agencies, nonprofit ‘‘(III) to use technology to improve student sional development and training programs organizations, or research organizations or technology literacy; that help education leaders obtain the institutions. ‘‘(ii) the knowledge and skills principals, knowledge and skills, including through col- ‘‘(4) DURATION.—The grant awarded under superintendents, and other senior school and laborative efforts with up-to-date programs this section shall be not less than 2 years in school district administrators need to effec- and institutions. duration, and shall be renewable at the dis- tively lead in 21st century schools using ‘‘(iii) Developing materials, resources, self- cretion of the Director of the Office of Edu- technology, including the job skills required assessments, and other tools to meet the ac- cational Technology for not more than an and the coursework and experience necessary tivities described in clauses (i) and (ii). additional 3 years. to be prepared for school leadership; and ‘‘(I) Undertake other activities that— ‘‘(5) PEER REVIEW.—In awarding the grant ‘‘(iii) the budgeting for technology acquisi- ‘‘(i) lead to the improvement of— under this section, the Director of the Office tion and implementation, including taking ‘‘(I) our Nation’s educational system in of Educational Technology shall consider the into account the long-term costs of such ac- using educational technologies to improve recommendations of a peer review panel, quisition and implementation, how tech- teaching, learning, and student achievement; which shall be composed of representatives nology investments may increase effective- and of the following stakeholder communities: ness and efficiencies that ultimately save

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.228 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4379 other educational costs or provide improved Mr. DURBIN. Mr. President, I ask comprehensive early intervention, health, outcomes, and how spending for technology unanimous consent that the text of the recreation, job training, employment, hous- in education shall be considered in a com- bill be printed in the RECORD. ing, transportation, and early, primary, and prehensive cost-benefit analysis and not sim- There being no objection, the text of secondary education. With access to, and as- ply as a supplemental expense. sistance with, these types of services and ‘‘(2) ORIGINAL RESEARCH.—The Center may the bill was ordered to be printed in supports, individuals with autism spectrum conduct, directly or through grants, con- the RECORD, as follows: disorders can live rich, full, and productive tracts, or cooperative agreements, original S. 819 lives. Greater coordination and streamlining research as necessary to fill important gaps Be it enacted by the Senate and House of Rep- within the service delivery system will en- in research necessary to address the areas resentatives of the United States of America in able individuals with autism spectrum dis- described in paragraph (1) with a focus on Congress assembled, orders and their families to access assistance the policies, budgeting, technology infra- from all sectors throughout an individual’s SECTION 1. SHORT TITLE; TABLE OF CONTENTS. structure, conditions, practices, teacher lifespan. (a) SHORT TITLE.—This Act may be cited as training, school leadership, and other imple- (7) A 2007 report from the Centers for Dis- the ‘‘Autism Treatment Acceleration Act of mentation factors important to improving ease Control and Prevention found that the 2009’’. the effectiveness of technology in elemen- prevalence of autism spectrum disorders is (b) TABLE OF CONTENTS.—The table of con- tary and secondary education. estimated to be 1 in 150 people in the United tents for this Act is as follows: ‘‘(3) OUTREACH.—The Center shall consult States. with appropriate stakeholders, including at Sec. 1. Short title; table of contents. (8) The Harvard School of Public Health reported that the cost of caring for and treat- least the stakeholders described in sub- Sec. 2. Findings. section (b)(5), in determining priorities for ing individuals with autism spectrum dis- Sec. 3. Parental rights rule of construction. the activities described in paragraph (1), in orders in the United States is more than gathering information pursuant to para- Sec. 4. Definitions; technical amendment to $35,000,000,000 annually (an estimated graph (1), and in determining the need for the Public Health Service Act. $3,200,000 over an individual’s lifetime). original research pursuant to paragraph (2). Sec. 5. Autism Care Centers Demonstration (9) Although the overall incidence of au- The Center shall establish 1 or more infor- Project. tism is consistent around the globe, re- mal advisory groups to provide the consulta- searchers with the Journal of Paediatrics Sec. 6. Planning and demonstration grants and Child Health have found that males are tion. for services for adults. ‘‘(4) DISSEMINATION.—The Center shall dis- 4 times more likely to develop an autism Sec. 7. National Registry. seminate widely the information identified spectrum disorder than females. Autism and compiled pursuant to paragraph (1) to Sec. 8. Multimedia campaign. spectrum disorders know no racial, ethnic, teachers and other educators, local, regional, Sec. 9. Interdepartmental Autism Coordi- or social boundaries, nor differences in fam- State, and Federal education leaders, public nating Committee. ily income, lifestyle, or educational levels, and elected officials, the network of feder- and can affect any child. Sec. 10. National Network for Autism Spec- (10) Individuals with autism spectrum dis- ally funded educational resource centers and trum Disorders Research and labs, businesses that develop educational orders from low-income, rural, and minority Services. communities often face significant obstacles technologies, colleges of teacher education Sec. 11. National training initiatives on au- to accurate diagnosis and necessary special- and teacher accrediting agencies, research- tism spectrum disorders. ized services, supports, and education. ers who study educational technologies, (11) There is strong consensus within the other interested stakeholders, and related Sec. 12. Amendments relating to health in- research community that intensive treat- educator, education leader, and business or- surance. ment as soon as possible following diagnosis ganizations, including through— Sec. 13. Authorization of appropriations. not only can reduce the cost of lifelong care ‘‘(A) development and ongoing update of a SEC. 2. FINDINGS. by two-thirds, but also yields the most posi- database accessed through the Internet; Congress makes the following findings: tive life outcomes for children with autism ‘‘(B) development, distribution, and deliv- (1) Autism (sometimes called ‘‘classical au- spectrum disorders. ery of reports, tools, best practices, con- tism’’) is the most common condition in a (12) Individuals with autism spectrum dis- ference presentations, and other publica- group of developmental disorders known as orders and their families experience a wide tions; and autism spectrum disorders. range of medical issues. Few common stand- ‘‘(C) partnerships with organizations rep- (2) Autism spectrum disorders include au- ards exist for the diagnosis and management resenting stakeholders, including educators, tism as well as Asperger syndrome, Retts of many aspects of clinical care. Behavioral education leaders, and technology providers. syndrome, childhood disintegrative disorder, difficulties may be attributed to the over- ‘‘(d) CENTER OPERATIONS.— and pervasive developmental disorder not arching disorder rather than to the pain and ‘‘(1) GRANTS, CONTRACTS, AND COOPERATIVE otherwise specified (usually referred to as discomfort of a medical condition, which AGREEMENTS.—As appropriate, the Center PDD-NOS), as well as other related develop- may go undetected and untreated. The shall award grants to, or enter into contracts mental disorders. health care and other treatments available or cooperative agreements with, individuals, (3) Individuals with autism spectrum dis- in different communities can vary widely. public or private institutions, agencies, orga- orders have the same rights as other individ- Many families, lacking access to comprehen- nizations, or consortia of such institutions, uals to exert control and choice over their sive and coordinated health care, must fend agencies, or organizations to carry out the own lives, to live independently, and to par- for themselves to find the best health care, activities of the Center, including awarding ticipate fully in, and contribute to, their treatments, and services in a complex clin- a grant or entering into a contract or coop- communities and society through full inte- ical world. erative agreement to disseminate the Cen- gration and inclusion in the economic, polit- (13) Effective health care, treatment, and ter’s findings pursuant to subsection (c)(4). ical, social, cultural, and educational main- services for individuals with autism spec- ‘‘(2) REPORT.—The Center shall submit an stream of society. Individuals with autism trum disorders depends upon a continuous annual report on March 1 to the Committee spectrum disorders have the right to a life exchange among researchers and caregivers. on Health, Education, Labor, and Pensions of with dignity and purpose. Evidence-based and promising autism prac- the Senate and the Committee on Education (4) While there is no uniform prevalence or tices should move quickly into communities, and Labor of the House of Representatives severity of symptoms associated with autism allowing individuals with autism spectrum that provides a summary synthesis of prom- spectrum disorders, the National Institutes disorders and their families to benefit from ising and exemplary practices and programs, of Health has determined that autism spec- the newest research and enabling researchers and related research, that effectively use trum disorders are characterized by 3 dis- to learn from the life experiences of the peo- educational technologies to improve teach- tinctive behaviors: impaired social inter- ple whom their work most directly affects. ing and learning as described in subsection action, problems with verbal and nonverbal (14) There is a critical shortage of appro- (c)(1), including the conditions and practices communication, and unusual, repetitive, or priately trained personnel across numerous that support the effective use of technology severely limited activities and interests. important disciplines who can assess, diag- in education, in order to inform Federal edu- (5) Both children and adults with autism nose, treat, and support children and adults cation policymaking and oversight.’’. spectrum disorders can show difficulties in with autism spectrum disorders and their verbal and nonverbal communication, social families. Practicing professionals, as well as By Mr. DURBIN (for himself, Mr. interactions, and sensory processing. Indi- those in training to become professionals, CASEY, and Mr. MENENDEZ): viduals with autism spectrum disorders ex- need the most up-to-date practices informed S. 819. A bill to provide for enhanced hibit different symptoms or behaviors, which by the most current research findings. treatment, support, services, and re- may range from mild to significant, and re- (15) The appropriate goals of the Nation require varying degrees of support from garding individuals with autism spectrum search for individuals with autism friends, families, service providers, and com- disorder are the same as the appropriate spectrum disorders and their families; munities. goals of the Nation regarding individuals to the Committee on Health, Edu- (6) Individuals with autism spectrum dis- with disabilities in general, as established in cation, Labor, and Pensions. orders often need assistance in the areas of the Americans with Disabilities Act of 1990

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(42 U.S.C. 12101 et seq.): to assure equality of tism care coordinator and the major med- ‘‘(b) GOALS.—The Program shall be de- opportunity, full participation, independent ical, educational, and behavioral specialties signed— living, and economic self-sufficiency for such and ancillary services in the region. ‘‘(1) to increase— individuals. ‘‘(7) CHILD WITH AUTISM SPECTRUM DIS- ‘‘(A) comprehensive autism spectrum dis- (16) Finally, individuals with autism spec- ORDER.—The term ‘child with autism spec- order care delivery; trum disorders are often denied health care trum disorder’ means an individual with an ‘‘(B) access to appropriate health care serv- benefits solely because of their diagnosis, autism spectrum disorder who has not at- ices, especially wellness and prevention care, even though proven, effective treatments for tained 22 years of age. at times convenient for patients; autism spectrum disorders do exist. ‘‘(8) INTERVENTIONS.—The term ‘interven- ‘‘(C) patient satisfaction; SEC. 3. PARENTAL RIGHTS RULE OF CONSTRUC- tions’ means the educational methods and ‘‘(D) communication among autism spec- TION. positive behavioral support strategies de- trum disorder health care providers, Nothing in this Act shall be construed to signed to improve or ameliorate symptoms behaviorists, educators, specialists, hos- modify the legal rights of parents or legal associated with autism spectrum disorders. pitals, and other autism spectrum disorder guardians under Federal, State, or local law ‘‘(9) NETWORK.—The term ‘Network’ means care providers; regarding the care of their children. the Network for Autism Spectrum Disorders ‘‘(E) school placement and attendance; SEC. 4. DEFINITIONS; TECHNICAL AMENDMENT Research and Services described in section 10 ‘‘(F) successful transition to postsecondary TO THE PUBLIC HEALTH SERVICE of the Autism Treatment Acceleration Act of education, vocational or job training and ACT. 2009. placement, and comprehensive adult services Part R of title III of the Public Health ‘‘(10) PERSONAL PRIMARY CARE COORDI- for individuals with autism spectrum dis- Service Act (42 U.S.C. 280i et seq.) is amend- NATOR.—The term ‘personal primary care co- orders, focusing in particular upon the tran- ed— ordinator’ means a physician, nurse, nurse sitional period for individuals between the (1) by inserting after the header for part R practitioner, psychologist, social worker, ages of 18 and 25; the following: family therapist, educator, or other appro- ‘‘(G) the quality of health care services, ‘‘Subpart 1—Surveillance and Research Pro- priate personnel (as determined by the Sec- taking into account nationally-developed gram; Education, Early Detection, and retary) who has extensive expertise in treat- standards and measures; Intervention; and Reporting’’; ment and services for individuals with au- ‘‘(H) development, review, and promulga- (2) in section 399AA(d), by striking ‘‘part’’ tism spectrum disorders, who— tion of common clinical standards and guide- and inserting ‘‘subpart’’; and ‘‘(A) practices in an autism care center; lines for medical care to individuals with au- (3) by adding at the end the following: and tism spectrum disorders; ‘‘Subpart 2—Care for People With Autism ‘‘(B) has been trained to coordinate and ‘‘(I) development of clinical research Spectrum Disorders, Registry, and Public manage comprehensive autism care for the projects to support clinical findings in a Education whole person. search for recommended practices; and ‘‘(11) PROJECT.—The term ‘project’ means ‘‘SEC. 399GG. DEFINITIONS. ‘‘(J) the quality of life of individuals with the autism care center demonstration ‘‘Except as otherwise provided, in this sub- autism spectrum disorders, including com- project established under section 399HH. part: munication abilities, social skills, commu- ‘‘(12) SERVICES.—The term ‘services’ means ‘‘(1) AUTISM SPECTRUM DISORDER.—The nity integration, and employment and other services to assist individuals with autism term ‘autism spectrum disorder’ means a de- related services; and spectrum disorders to live more independ- velopmental disability that causes substan- ‘‘(2) to decrease— ently in their communities and to improve tial impairments in the areas of social inter- ‘‘(A) inappropriate emergency room utili- their quality of life. action, emotional regulation, communica- zation, which can be accomplished through ‘‘(13) TREATMENTS.—The term ‘treatments’ tion, and the integration of higher-order cog- initiatives such as expanded hours of care; means the health services, including mental nitive processes and which may be character- ‘‘(B) avoidable hospitalizations; health and behavioral therapy services, de- ized by the presence of unusual behaviors ‘‘(C) the duplication of health care serv- signed to improve or ameliorate symptoms and interests. Such term includes autistic ices; associated with autism spectrum disorders. disorder, pervasive developmental disorder ‘‘(D) the inconvenience of multiple pro- ‘‘(14) AUTISM CARE CENTER.—In this sub- (not otherwise specified), Asperger syn- vider locations; part, the term ‘autism care center’ means a drome, Retts disorder, childhood disintegra- ‘‘(E) health disparities and inequalities center that is directed by a primary care co- tive disorder, and other related develop- that individuals with autism spectrum dis- ordinator who is an expert in autism spec- mental disorders. orders face; and trum disorder treatment and practice and ‘‘(2) ADULT WITH AUTISM SPECTRUM DIS- ‘‘(F) preventable and inappropriate in- provides an array of medical, psychological, ORDER.—The term ‘adult with autism spec- volvement with the juvenile and criminal behavioral, educational, and family services trum disorder’ means an individual with an justice systems. to individuals with autism and their fami- autism spectrum disorder who has attained ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to lies. Such a center shall— 22 years of age. receive assistance under the Program, an en- ‘‘(A) incorporate the attributes of the care ‘‘(3) AFFECTED INDIVIDUAL.—The term ‘af- tity shall— management model; fected individual’ means an individual with ‘‘(1) be a State or a public or private non- ‘‘(B) offer, through on-site service provi- an autism spectrum disorder. profit entity; sion or through detailed referral and coordi- ‘‘(4) AUTISM.—The term ‘autism’ means an ‘‘(2) agree to establish and implement an nated care arrangements, an autism manage- autism spectrum disorder or a related devel- autism care center that— ment team of appropriate providers, includ- opmental disability. ‘‘(A) enables targeted beneficiaries to des- ing behavioral specialists, physicians, psy- ‘‘(5) AUTISM MANAGEMENT TEAM.—The term ignate a personal primary care coordinator chologists, social workers, family therapists, ‘autism management team’ means a group of in such center to be their source of first con- nurse practitioners, nurses, educators, and autism care providers, including behavioral tact and to recommend comprehensive and other appropriate personnel; and specialists, physicians, psychologists, social coordinated care for the whole of the indi- ‘‘(C) have the capability to achieve im- workers, family therapists, nurse practi- vidual; provements in the management and coordi- tioners, nurses, educators, other appropriate ‘‘(B) provides for the establishment of a co- nation of care for targeted beneficiaries.’’. personnel, and family members who work in ordination of care committee that is com- a coordinated manner to treat individuals SEC. 5. AUTISM CARE CENTERS DEMONSTRATION posed of clinicians and practitioners trained PROJECT. with autism spectrum disorders and their in and working in autism spectrum disorder Part R of title III of the Public Health families. Such team shall determine the spe- Service Act (42 U.S.C. 280i), as amended by intervention; cific structure and operational model of its section 4, is further amended by adding at ‘‘(C) establishes a network of physicians, specific autism care center, taking into con- the end the following: psychologists, family therapists, behavioral sideration cultural, regional, and geo- specialists, social workers, educators, and ‘‘SEC. 399HH. AUTISM CARE CENTER DEM- graphical factors. ONSTRATION PROJECT. health centers that have volunteered to par- ‘‘(6) CARE MANAGEMENT MODEL.—The term ‘‘(a) IN GENERAL.—Not later than 1 year ticipate as consultants to patient-centered ‘care management model’ means a model of after the date of enactment of the Autism autism care centers to provide high-quality care that with respect to autism— Treatment Acceleration Act of 2009, the Sec- care, focusing on autism spectrum disorder ‘‘(A) is centered on the relationship be- retary, acting through the Administrator of care, at the appropriate times and places and tween an individual with an autism spec- the Health Resources and Services Adminis- in a cost-effective manner; trum disorder and his or her family and their tration, shall establish a demonstration ‘‘(D) works in cooperation with hospitals, personal autism care coordinator; project for the implementation of an Autism local public health departments, and the net- ‘‘(B) provides services to individuals with Care Center Program (referred to in this sec- work of patient-centered autism care cen- autism spectrum disorders to improve the tion as the ‘Program’) to provide grants and ters, to coordinate and provide health care; management and coordination of care pro- other assistance to improve the effectiveness ‘‘(E) utilizes health information tech- vided to patients and their families; and and efficiency in providing comprehensive nology to facilitate the provision and coordi- ‘‘(C) has established, where practicable, ef- care to individuals diagnosed with autism nation of health care by network partici- fective referral relationships between the au- spectrum disorders and their families. pants; and

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.236 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4381 ‘‘(F) collaborates with other entities to visory council of the recipient’s autism care ‘‘(A) submit an application at such time further the goals of the program, particu- center who shall be— and containing such information as the Sec- larly by collaborating with entities that pro- ‘‘(A) an individual with autism spectrum retary may require; and vide transitional adult services to individ- disorder who has received, or is receiving, ‘‘(B) demonstrate the ability to carry out uals between the ages of 18 and 25 with au- services through the Program; or such planning grant in coordination with the tism spectrum disorder, to ensure successful ‘‘(B) a family member of such an indi- State Developmental Disabilities Council transition of such individuals to adulthood; vidual. and organizations representing or serving in- and ‘‘(f) EVALUATION.—The Secretary shall dividuals with autism spectrum disorders ‘‘(3) submit to the Secretary an applica- enter into a contract with an independent and their families. tion, at such time, in such manner, and con- third-party organization with expertise in ‘‘(e) IMPLEMENTATION GRANTS.— taining such information as the Secretary evaluation activities to conduct an evalua- ‘‘(1) IN GENERAL.—The Secretary shall may require, including— tion and, not later than 180 days after the award grants to eligible entities that have ‘‘(A) a description of the treatments, inter- conclusion of the 3-year grant program under received a planning grant under subsection ventions, or services that the eligible entity this section, submit a report to the Sec- (d) to enable such entities to provide appro- proposes to provide under the Program; retary, which may include measures such as priate services to adults with autism spec- ‘‘(B) a demonstration of the capacity of the whether and to what degree the treatments, trum disorders. eligible entity to provide or establish such interventions, and services provided through ‘‘(2) APPLICATION.—In order to receive a treatments, interventions, and services with- the Program have resulted in improved grant under paragraph (1), the eligible entity in such entity; health, educational, employment, and com- shall submit an application at such time and ‘‘(C) a demonstration of the capacity of the munity integration outcomes for individuals containing such information as the Sec- eligible entity to monitor and evaluate the with autism spectrum disorders, or other retary may require, including— outcomes of the treatments, interventions, measures, as the Secretary determines ap- ‘‘(A) the services that the eligible entity and services described in subparagraph (A); propriate. proposes to provide and the expected out- ‘‘(D) estimates of the number of individ- ‘‘(g) ADMINISTRATIVE EXPENSES.—Of the comes for adults with autism spectrum dis- uals and families who will be served by the amounts appropriated to carry out this sec- orders who receive such services; eligible entity under the Program, including tion, the Secretary shall allocate not more ‘‘(B) the number of adults and families who an estimate of the number of such individ- than 7 percent for administrative expenses, will be served by such grant, including an es- uals and families in medically underserved including the expenses related to carrying timate of the adults and families in under- areas; out the evaluation described in subsection served areas who will be served by such ‘‘(E) a description of the ability of the eli- (f). grant; gible entity to enter into partnerships with ‘‘(h) SUPPLEMENT NOT SUPPLANT.— ‘‘(C) the ways in which services will be co- community-based or nonprofit providers of Amounts provided to an entity under this ordinated among both public and nonprofit treatments, interventions, and services, section shall be used to supplement, not sup- providers of services for adults with disabil- which may include providers that act as ad- plant, amounts otherwise expended for exist- ities, including community-based services; vocates for individuals with autism spectrum ing treatments, interventions, and services ‘‘(D) where applicable, the process through disorders and local governments that provide for individuals with autism spectrum dis- which the eligible entity will distribute services for individuals with autism spec- orders.’’. funds to a range of community-based or non- trum disorders at the community level; SEC. 6. PLANNING AND DEMONSTRATION profit providers of services, including local ‘‘(F) a description of the ways in which ac- GRANTS FOR SERVICES FOR governments, and such entity’s capacity to cess to such treatments and services may be ADULTS. provide such services; sustained following the Program period; Part R of title III of the Public Health ‘‘(E) the process through which the eligible ‘‘(G) a description of the ways in which the Service Act (42 U.S.C. 280i), as amended by entity will monitor and evaluate the out- eligible entity plans to collaborate with section 5, is further amended by adding at come of activities funded through the grant, other entities to develop and sustain an ef- the end the following: including the effect of the activities upon fective protocol for successful transition ‘‘SEC. 399II. PLANNING AND DEMONSTRATION adults with autism spectrum disorders who from children’s services to adult services for GRANT FOR SERVICES FOR ADULTS. receive such services; individuals with autism spectrum disorder, ‘‘(a) IN GENERAL.—In order to enable se- ‘‘(F) the plans of the eligible entity to co- particularly for individuals between the ages lected eligible entities to provide appro- ordinate and streamline transitions from of 18 and 25; and priate services to adults with autism spec- youth to adult services; ‘‘(H) a description of the compliance of the trum disorders, to enable such adults to be ‘‘(G) the process by which the eligible enti- eligible entity with the integration require- as independent as possible, the Secretary ty will ensure compliance with the integra- ment provided under section 302 of the Amer- shall establish— tion requirement provided under section 302 icans with Disabilities Act of 1990 (42 U.S.C. ‘‘(1) a one-time, single-year planning grant of the Americans With Disabilities Act of 12182). program for eligible entities; and 1990 (42 U.S.C. 12182); and ‘‘(d) GRANTS.—The Secretary shall award 3- ‘‘(2) a multiyear service provision dem- ‘‘(H) a description of how such services year grants to eligible entities whose appli- onstration grant program for selected eligi- may be sustained following the grant period. cations are approved under subsection (c). ble entities. ‘‘(f) EVALUATION.—The Secretary shall con- Such grants shall be used to— ‘‘(b) PURPOSE OF GRANTS.—Grants shall be tract with a third-party organization with ‘‘(1) carry out a program designed to meet awarded to eligible entities to provide all or expertise in evaluation to evaluate such the goals described in subsection (b) and the part of the funding needed to carry out pro- demonstration grant program and, not later requirements described in subsection (c); and grams that focus on critical aspects of adult than 180 days after the conclusion of the ‘‘(2) facilitate coordination with local com- life, such as— grant program under subsection (e), submit a munities to be better prepared and posi- ‘‘(1) postsecondary education, vocational report to the Secretary. The evaluation and tioned to understand and meet the needs of training, self-advocacy skills, and employ- report may include an analysis of whether the communities served by autism care cen- ment; and to what extent the services provided ters. ‘‘(2) residential services and supports, through the grant program described in this ‘‘(e) ADVISORY COUNCILS.— housing, and transportation; section resulted in improved health, edu- ‘‘(1) IN GENERAL.—Each recipient of a grant ‘‘(3) nutrition, health and wellness, rec- cation, employment, and community inte- under this section shall establish an autism reational and social activities; and gration outcomes for adults with autism care center advisory council, which shall ad- ‘‘(4) personal safety and the needs of indi- spectrum disorders, or other measures, as vise the autism care center regarding poli- viduals with autism spectrum disorders who the Secretary determines appropriate. cies, priorities, and services. become involved with the criminal justice ‘‘(g) ADMINISTRATIVE EXPENSES.—Of the ‘‘(2) MEMBERSHIP.—Each recipient of a system. amounts appropriated to carry out this sec- grant shall appoint members of the recipi- ‘‘(c) ELIGIBLE ENTITY.—An eligible entity tion, the Secretary shall set aside not more ent’s advisory council, which shall include a desiring to receive a grant under this section than 7 percent for administrative expenses, variety of autism care center service pro- shall be a State or other public or private including the expenses related to carrying viders, individuals from the public who are nonprofit organization, including an autism out the evaluation described in subsection knowledgeable about autism spectrum dis- care center. (f). orders, individuals receiving services ‘‘(d) PLANNING GRANTS.— ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Dem- through the Program, and family members ‘‘(1) IN GENERAL.—The Secretary shall onstration grant funds provided under this of such individuals. At least 60 percent of the award one-time grants to eligible entities to section shall supplement, not supplant, ex- membership shall be comprised of individ- support the planning and development of ini- isting treatments, interventions, and serv- uals who have received, or are receiving, tiatives that will expand and enhance service ices for individuals with autism spectrum services through the Program or who are delivery systems for adults with autism disorders.’’. family members of such individuals. spectrum disorders. SEC. 7. NATIONAL REGISTRY. ‘‘(3) CHAIRPERSON.—The recipient of a ‘‘(2) APPLICATION.—In order to receive such Part R of title III of the Public Health grant shall appoint a chairperson to the ad- a grant, an eligible entity shall— Service Act (42 U.S.C. 280i), as amended by

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.236 S02APPT1 rfrederick on PROD1PC67 with SENATE S4382 CONGRESSIONAL RECORD — SENATE April 2, 2009 section 6, is further amended by adding at SEC. 9. INTERDEPARTMENTAL AUTISM COORDI- of 4 years and may be reappointed for one or the end the following: NATING COMMITTEE. more additional 4-year terms. The term of ‘‘SEC. 399JJ. NATIONAL REGISTRY FOR AUTISM (a) ESTABLISHMENT.—There is established a any member appointed under subsection SPECTRUM DISORDERS. committee, to be known as the ‘‘Interdepart- (c)(2)(C) or subsection (c)(2)(D) shall expire if ‘‘(a) ESTABLISHMENT.—The Secretary, in mental Autism Coordinating Committee,’’ the member no longer represents the organi- consultation with national health organiza- (referred to in this section as the ‘‘Com- zation described in such subsections. Any tions and professional societies with experi- mittee’’) to coordinate all Federal efforts member appointed to fill a vacancy for an ence and expertise relating to autism spec- concerning autism spectrum disorders. unexpired term shall be appointed for the re- trum disorders, shall establish a voluntary (b) RESPONSIBILITIES.—In carrying out its mainder of such term. A member may serve population-based registry of cases of autism duties under this section, the Committee after the expiration of the member’s term spectrum disorders. Such registry shall be shall— until a successor has taken office. known as the ‘National Registry for Autism (1) develop and annually update a summary (3) The Committee shall be chaired by the Spectrum Disorders’ (referred to in this sec- of developments in research on autism spec- Secretary or the Secretary’s designee. The tion as the ‘Registry’). The Secretary shall trum disorders, services for people on the au- Committee shall meet at the call of the ensure that the Registry maintains the pri- tism spectrum and their families, and pro- chairperson and not fewer than 2 times each vacy of individuals and the highest level of grams that focus on people on the autism year. medical and scientific research ethics. spectrum; (4) All meetings of the Committee or its ‘‘(b) PURPOSE.—The purpose of the Reg- (2) monitor governmental and nongovern- subcommittees shall be public and shall in- istry is to facilitate the collection, analysis, mental activities with respect to autism clude appropriate time periods for questions and dissemination of data related to autism spectrum disorders; and presentations by the public. spectrum disorders that can increase under- (3) make recommendations to the Sec- (5) The Committee may convene workshops standing of causal factors, rates, and trends retary of Health and Human Services and and conferences. of autism spectrum disorders. other relevant heads of agencies (referred to (e) SUBCOMMITTEES: ESTABLISHMENT AND ‘‘(c) ACTIVITIES.—In carrying out the Reg- in this subsection as the ‘‘agency heads’’) re- MEMBERSHIP.— istry, the Secretary may— garding any appropriate changes to such ac- (1) ESTABLISHMENT OF SUBCOMMITTEES.—In ‘‘(1) implement a surveillance and moni- tivities and any ethical considerations relat- carrying out its functions, the Committee toring system that is based on thorough and ing to those activities; may establish— complete medical diagnosis data, clinical (4) make recommendations to the agency (A) a subcommittee on research on autism history, and medical findings; heads regarding public participation in deci- spectrum disorders; ‘‘(2) collect standardized information con- sions relating to autism spectrum disorders; (B) a subcommittee on services for individ- cerning the environmental, medical, social, (5) develop and annually update a strategic uals with autism spectrum disorders and and genetic circumstances that may cor- plan, including proposed budgetary require- their families and programs that focus on in- relate with diagnosis of autism spectrum dis- ments, for conducting and supporting re- dividuals with autism spectrum disorders; orders; search related to autism spectrum disorders, and ‘‘(3) promote the use of standardized au- services for individuals on the autism spec- (C) such other subcommittees as the Com- tism spectrum disorder investigation and re- trum and their families, and programs that mittee determines appropriate. porting tools of the Centers for Disease Con- focus on such individuals and their families; (2) MEMBERSHIP.—Subcommittees may in- trol and Prevention, as well as standardized and clude as members individuals who are not autism spectrum disorder protocols; (6) annually submit to Congress and the members of the Committee. ‘‘(4) establish a standardized classification President such strategic plan and any up- (3) MEETINGS.—Subcommittees may hold system for defining subcategories of autism dates to such plan. such meetings as are necessary. spectrum disorders for surveillance research (c) MEMBERSHIP.— (f) INTERAGENCY AUTISM COORDINATING activities; and (1) FEDERAL MEMBERS.—The Committee COMMITTEE.—Part R of title III of the Public ‘‘(5) support multidisciplinary reviews of shall be composed of— Health Service Act (42 U.S.C. 280i) is amend- autism spectrum disorders.’’. (A) the Director of the National Institutes ed by striking section 399CC (42 U.S.C. 284i- SEC. 8. MULTIMEDIA CAMPAIGN. of Health, and the directors of such national 2). Part R of title III of the Public Health research institutes of the National Institutes SEC. 10. NATIONAL NETWORK FOR AUTISM SPEC- Service Act (42 U.S.C. 280i), as amended by of Health as the Director determines appro- TRUM DISORDERS RESEARCH AND section 7, is further amended by adding at priate; SERVICES. the end the following: (B) the heads of other agencies within the (a) DEFINITIONS.—In this section: ‘‘SEC. 399KK. MULTIMEDIA CAMPAIGN. Department of Health and Human Services, (1) SERVICES.—The term ‘‘services’’ means ‘‘(a) IN GENERAL.—The Secretary, in order as the Secretary determines appropriate; and services to assist individuals with autism to enhance existing awareness campaigns (C) representatives of the Department of spectrum disorders to live more independ- and provide for the implementation of new Education, the Department of Defense, and ently in their communities and improve the campaigns, shall award grants to public and other Federal agencies that provide services quality of life of such individuals. nonprofit private entities for the purpose of to individuals with autism spectrum dis- (2) SECRETARY.—The term ‘‘Secretary’’ carrying out multimedia campaigns to in- orders and their families or that have pro- means the Secretary of Health and Human crease public education and awareness and grams that affect individuals with autism Services. reduce stigma concerning— spectrum disorders, as the Secretary deter- (3) TREATMENTS.—The term ‘‘treatments’’ ‘‘(1) healthy developmental milestones for mines appropriate. means the health services, including mental infants and children that may assist in the (2) NON-FEDERAL MEMBERS.—Not less than health and behavioral therapy services, de- early identification of the signs and symp- 2/5 of the total membership of the Committee signed to improve or ameliorate symptoms toms of autism spectrum disorders; and shall be composed of public members to be associated with autism spectrum disorders. ‘‘(2) autism spectrum disorders through the appointed by the Secretary, of which— (4) AUTISM CARE CENTER.—In this subpart, lifespan and the challenges that individuals (A) at least one such member shall be an the term ‘‘autism care center’’ means a cen- with autism spectrum disorders face, which individual with an autism spectrum disorder; ter that is directed by a primary care coordi- may include transitioning into adulthood, (B) at least one such member shall be a nator who is an expert in autism spectrum securing appropriate job training or postsec- parent or legal guardian of an individual disorder treatment and practice and provides ondary education, securing and holding jobs, with an autism spectrum disorder; an array of medical, psychological, behav- finding suitable housing, interacting with (C) at least one such member shall be a ioral, educational, and family services to in- the correctional system, increasing inde- representative of a nongovernmental organi- dividuals with autism and their families. pendence, and attaining a good quality of zation that provides services to individuals Such a center shall— life. with autism spectrum disorders or their fam- (A) incorporate the attributes of the care ‘‘(b) ELIGIBILITY.—To be eligible to receive ilies; and management model; a grant under subsection (a), an entity (D) at least one such member shall be a (B) offer, through on-site service provision shall— representative of a leading research, advo- or through detailed referral and coordinated ‘‘(1) submit to the Secretary an application cacy, and service organization for individ- care arrangements, an autism management at such time, in such manner, and con- uals with autism spectrum disorders and team of appropriate providers, including be- taining such information as the Secretary their families. havioral specialists, physicians, psycholo- may require; and (d) ADMINISTRATIVE SUPPORT; TERMS OF gists, social workers, family therapists, ‘‘(2) provide assurance that the multimedia SERVICE; OTHER PROVISIONS.—The following nurse practitioners, nurses, educators, and campaign implemented under such grant will provisions shall apply with respect to the other appropriate personnel; and provide information that is tailored to the Committee: (C) have the capability to achieve improve- intended audience, which may be a diverse (1) The Committee shall receive necessary ments in the management and coordination public audience or a specific audience, such and appropriate administrative support from of care for targeted beneficiaries. as health professionals, criminal justice pro- the Secretary. (b) ESTABLISHMENT OF THE NATIONAL NET- fessionals, or emergency response profes- (2) Members of the Committee appointed WORK FOR AUTISM SPECTRUM DISORDERS RE- sionals.’’. under subsection (c)(2) shall serve for a term SEARCH AND SERVICES.—Not later than 1 year

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00152 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.236 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4383 after the date of enactment of this Act, the to collect, store, and disseminate informa- section 8, is further amended by adding at Secretary shall establish the National Net- tion regarding research, data, findings, mod- the end the following: work for Autism Spectrum Disorders Re- els of treatment, training modules, and tech- ‘‘SEC. 399LL. NATIONAL TRAINING INITIATIVES search and Services (referred to in this sec- nical assistance materials related to autism ON AUTISM SPECTRUM DISORDERS. tion as the ‘‘National Network’’). The Na- spectrum disorders in order to facilitate the ‘‘(a) NATIONAL TRAINING INITIATIVE SUPPLE- tional Network shall provide resources for, development and rapid dissemination of re- MENTAL GRANTS.— and facilitate communication between, au- search into best practices that improve care. ‘‘(1) IN GENERAL.—The Secretary shall tism spectrum disorder researchers and serv- (2) ELIGIBILITY.—To be eligible to receive award multiyear national training initiative ice providers for individuals with autism the contract described in paragraph (1), an supplemental grants to eligible entities so spectrum disorders and their families. entity shall— that such entities may provide training and (c) PURPOSES.—The purposes of the Na- (A) be a public or private nonprofit entity; technical assistance and to disseminate in- tional Network are to— and formation, in order to enable such entities to (1) build upon the infrastructure relating (B) have experience— address the unmet needs of individuals with to autism spectrum disorders that exists on (i) collecting data; autism spectrum disorders and their fami- the date of enactment of this Act; (ii) developing systems to store data in a lies. (2) strengthen linkages between autism secure manner that does not personally iden- ‘‘(2) ELIGIBLE ENTITY.—To be eligible to re- spectrum disorders research and service ini- tify individuals; ceive assistance under this section an entity tiatives at the Federal, regional, State, and (iii) developing internet web portals and shall— local levels; other means of communicating with a wide ‘‘(A) be a public or private nonprofit enti- (3) facilitate the translation of research on audience; and ty, including University Centers for Excel- autism spectrum disorders into services and (iv) making information available to the lence in Developmental Disabilities and treatments to improve the quality of life for public. other service, training, and academic enti- individuals with autism and their families; (3) CONTENTS.—The Data Repository shall ties; and and include— ‘‘(B) submit an application as described in (4) ensure the rapid dissemination of evi- (A) emerging research, data, and findings paragraph (3). dence-based or promising autism spectrum regarding autism spectrum disorders from ‘‘(3) REQUIREMENTS.—An eligible entity disorder practices through the National Data basic and applied researchers and service that desires to receive a grant under this Repository for Autism Spectrum Disorders providers; paragraph shall submit to the Secretary an Research and Services described in sub- (B) emerging or promising models of treat- application containing such agreements and section (e). information as the Secretary may require, ment, service provision, and training related (d) ORGANIZATION AND ACTIVITIES OF THE including agreements that the training pro- to autism spectrum disorders that are devel- NATIONAL NETWORK.— gram shall— oped in individual care centers or programs; (1) IN GENERAL.—In establishing the Na- ‘‘(A) provide trainees with an appropriate and tional Network, the Secretary, acting balance of interdisciplinary academic and (C) training modules and technical assist- through Administrator of the Health Re- community-based experiences; ance materials. sources and Services Administration, shall ‘‘(B) have a demonstrated capacity to in- (4) DUTIES OF THE ADMINISTRATOR.—The ensure that the National Network is com- clude individuals with autism spectrum dis- Data Repository Administrator shall— posed of entities at the Federal, regional, orders, parents, and family members as part (A) collect information from autism spec- State, and local levels. of the training program to ensure that a per- trum disorders research and service provi- (2) REGIONAL LEADERSHIP AND ORGANIZA- son and family-centered approach is used; sion agencies and organizations including— TION.—In establishing the National Network, ‘‘(C) provide to the Secretary, in the man- the Secretary shall establish a Committee of (i) Centers of Excellence in Autism Spec- ner prescribed by the Secretary, data regard- Regional Leaders, which shall ensure that trum Disorder Epidemiology under section ing the outcomes of the provision of training regional participation is provided through 399AA(b) of the Public Health Service Act (42 and technical assistance; the appointment of regional leaders such as U.S.C. 280i(b)); ‘‘(D) demonstrate a capacity to share and university- and community-based partner- (ii) autism care centers; disseminate materials and practices that are ships that represent the needs and interests (iii) recipients of grants through the grant developed and evaluated to be effective in of regional stakeholders (including individ- program for adult services under section the provision of training and technical as- uals with autism spectrum disorders and 399II of the Public Health Service Act, as sistance; and their families, providers, and researchers). added by section 6 of this Act; ‘‘(E) provide assurances that training, The Committee of Regional Leaders shall be (iv) members and recipients of the national technical assistance, and information dis- responsible for monitoring, reporting, ana- training initiatives on autism spectrum dissemination performed under grants made lyzing, and disseminating information in the orders under section 399LL of the Public pursuant to this paragraph shall be con- Data Repository described in subsection (e) Health Service Act, as added by section 11 of sistent with the goals established under al- to other stakeholders to ensure that the in- this Act; and ready existing disability programs author- formation contained in such Data Repository (v) the Committee of Regional Leaders, re- ized under Federal law and conducted in co- is widely available to policymakers and serv- gional leaders, State directors, members of ordination with other relevant State agen- ice providers at the State and local levels, State and community autism subnetworks, cies and service providers. and to facilitate communication between and other entities, as determined by the Sec- ‘‘(4) ACTIVITIES.—An entity that receives a various members of the National Network. retary; grant under this section shall expand and de- (B) securely store and maintain informa- (3) STATE AND COMMUNITY LEVEL LEADER- velop interdisciplinary training and con- tion in the Data Repository in a manner that SHIP AND ORGANIZATION.— tinuing education initiatives for health, al- does not personally identify individuals; (A) STATE DIRECTORS.—The regional lead- lied health, and educational professionals by ers appointed under paragraph (2) shall ap- (C) make information in the Data Reposi- engaging in the following activities: point State directors who shall coordinate tory accessible through an Internet web por- ‘‘(A) Promoting and engaging in training the activities of the National Network at the tal or other appropriate means of sharing infor health, allied health, and educational State and community levels. formation; professionals to identify, diagnose, and de- (D) ensure that the information contained (B) STATE AND COMMUNITY SUBNETWORKS.— velop interventions for individuals with, or The Secretary shall ensure that the State di- in the Data Repository is accessible to the at risk of developing, autism spectrum dis- rectors establish State and community au- National Network, including health care pro- orders. tism subnetworks, which shall engage in a viders, educators, and other autism spectrum ‘‘(B) Working to expand the availability of variety of frontline autism activities and disorders service providers at the national, training and information regarding effective, provide services, including comprehensive State, and local levels; and lifelong interventions, educational services, diagnostics, treatment, resource and refer- (E) provide a means through the Internet and community supports, including specific ral, and support programs, for individuals web portal, or through other means, for training for criminal justice system, emer- with autism spectrum disorders. members of the National Network to share gency health care, legal, and other main- (e) NATIONAL DATA REPOSITORY FOR AUTISM information, research, and best practices on stream first responder professionals, to iden- SPECTRUM DISORDERS RESEARCH AND SERV- autism spectrum disorders. tify characteristics of individuals with au- ICES.— (f) SUPPLEMENT NOT SUPPLANT.—Amounts tism spectrum disorders and to develop ap- (1) IN GENERAL.—The Secretary shall estab- provided under this section shall be used to propriate responses and interventions. lish a National Data Repository for Autism supplement, not supplant, amounts other- ‘‘(C) Providing technical assistance in col- Spectrum Disorders Research and Services wise expended for existing network or orga- laboration with relevant State, regional, or (referred to in this section as the ‘‘Data Re- nizational structures relating to autism national agencies, institutions of higher edu- pository’’) and shall contract with one eligi- spectrum disorders. cation, advocacy groups for individuals with ble third-party entity to develop and admin- SEC. 11. NATIONAL TRAINING INITIATIVES ON autism spectrum disorders and their fami- ister such repository (referred to in this sec- AUTISM SPECTRUM DISORDERS. lies, or community-based service providers. tion as the ‘‘Data Repository Adminis- Part R of title III of the Public Health ‘‘(D) Developing mechanisms to provide trator’’). The Data Repository shall be used Service Act (42 U.S.C. 280i), as amended by training and technical assistance, including

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.236 S02APPT1 rfrederick on PROD1PC67 with SENATE S4384 CONGRESSIONAL RECORD — SENATE April 2, 2009 for-credit courses, intensive summer insti- ‘‘(2) to prevent a group health plan or a ‘‘(C) Direct or consultative services pro- tutes, continuing education programs, dis- health insurance issuer from negotiating the vided by a psychiatrist or psychologist. tance-based programs, and web-based infor- level and type of reimbursement with a pro- ‘‘(D) Professional, counseling, and guid- mation dissemination strategies. vider for care provided in accordance with ance services and treatment programs, in- ‘‘(E) Collecting data on the outcomes of this section. cluding applied behavior analysis and other training and technical assistance programs ‘‘(c) NOTICE UNDER GROUP HEALTH PLAN.— structured behavioral programs. In this sub- to meet statewide needs for the expansion of The imposition of the requirements of this paragraph, the term ‘applied behavior anal- services to children with autism spectrum section shall be treated as a material modi- ysis’ means the design, implementation and disorders and adults with autism spectrum fication in the terms of the plan described in evaluation of environmental modifications, disorders. section 102(a)(1), for purposes of assuring no- using behavioral stimuli and consequences, ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- tice of such requirements under the plan, ex- to produce socially significant improvement retary shall reserve 2 percent of the appro- cept that the summary description required in human behavior, including the use of di- priated funds to make a grant to a national to be provided under the last sentence of sec- rect observation, measurement, and func- organization with demonstrated capacity for tion 104(b)(1) with respect to such modifica- tional analysis of the relationship between providing training and technical assistance tion shall be provided not later than the ear- environment and behavior. to the entities receiving grants under sub- lier of— ‘‘(E) Augmentative communication devices section (a) to enable such entities to— ‘‘(1) 60 days after the first day of the first and other assistive technology devices.’’. ‘‘(1) assist in national dissemination of spe- plan year in which such requirements apply; (2) CLERICAL AMENDMENT.—The table of cific information, including evidence-based or contents in section 1 of the Employee Retire- and promising best practices, from inter- ‘‘(2) in the first mailing after the date of ment Income Security Act of 1974 (29 U.S.C. disciplinary training programs, and when ap- enactment of the Autism Treatment Accel- 1001 note) is amended by inserting after the propriate, other entities whose findings eration Act of 2009 made by the plan or item relating to section 714 the following: would inform the work performed by entities issuer to the participant or beneficiary. ‘‘Sec. 715. Required coverage for autism awarded grants; ‘‘(d) PROHIBITIONS.—A group health plan, spectrum disorders.’’. ‘‘(2) compile and disseminate strategies and a health insurance issuer offering group (b) PUBLIC HEALTH SERVICE ACT.— and materials that prove to be effective in health insurance coverage in connection (1) GROUP MARKET.—Subpart 2 of part A of the provision of training and technical as- with a group health plan, shall not— title XXVII of the Public Health Service Act sistance so that the entire network can ben- ‘‘(1) deny to an individual eligibility, or (42 U.S.C. 300gg-4 et seq.) is amended by add- efit from the models, materials, and prac- continued eligibility, to enroll or to renew ing at the end the following: tices developed in individual centers; coverage under the terms of the plan, solely ‘‘(3) assist in the coordination of activities for the purpose of avoiding the requirements ‘‘SEC. 2708. REQUIRED COVERAGE FOR AUTISM of grantees under this section; of this section; or SPECTRUM DISORDERS. ‘‘(4) develop an Internet web portal that ‘‘(2) deny coverage otherwise available ‘‘(a) IN GENERAL.—A group health plan, and will provide linkages to each of the indi- under this section on the basis that such a health insurance issuer providing health vidual training initiatives and provide access coverage will not— insurance coverage in connection with a to training modules, promising training, and ‘‘(A) develop skills or functioning; group health plan, shall provide coverage for technical assistance practices and other ma- ‘‘(B) maintain skills or functioning; the diagnosis of autism spectrum disorders terials developed by grantees; ‘‘(C) restore skills or functioning; or and the treatment of autism spectrum dis- ‘‘(5) convene experts from multiple inter- ‘‘(D) prevent the loss of skills or func- orders. disciplinary training programs and individ- tioning. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in uals with autism spectrum disorders and ‘‘(e) PREEMPTION; RELATION TO STATE this section shall be construed— their families to discuss and make rec- LAW.— ‘‘(1) as preventing a group health plan or ommendations with regard to training issues ‘‘(1) IN GENERAL.—Nothing in this section health insurance issuer from imposing finan- related to the assessment, diagnosis of, shall be construed to preempt any State law cial requirements or limits in relation to treatment, interventions and services for, (or cost sharing requirements under State benefits for the diagnosis and treatment of children with autism spectrum disorders and law) with respect to health insurance cov- autism spectrum disorders, except that such adults with autism spectrum disorders; and erage that requires coverage of at least the financial requirements or limits for any such ‘‘(6) undertake any other functions that coverage for autism spectrum disorders oth- benefits may not be less favorable to the in- the Secretary determines to be appropriate. erwise required under this section. dividual than such financial requirements or ‘‘(c) SUPPLEMENT NOT SUPPLANT.— ‘‘(2) EFFECT ON OTHER LAWS.—Nothing in limits for substantially all other medical Amounts provided under this section shall be this section shall be construed to affect or and surgical benefits covered by the plan, used to supplement, not supplant, amounts modify the provisions of section 514 with re- and there shall be no separate financial re- otherwise expended for existing network or spect to group health plans. quirements or limits that are applicable only organizational structures.’’. ‘‘(f) DEFINITIONS.—In this section: with respect to benefits for the diagnosis or SEC. 12. AMENDMENTS RELATING TO HEALTH IN- ‘‘(1) AUTISM SPECTRUM DISORDERS.—The treatment of autism spectrum disorders; or SURANCE. term ‘autism spectrum disorders’ means de- ‘‘(2) to prevent a group health plan or a (a) ERISA.— velopmental disabilities that cause substan- health insurance issuer from negotiating the (1) IN GENERAL.—Subpart B of part 7 of sub- tial impairments in the areas of social inter- level and type of reimbursement with a pro- title B of title I of the Employee Retirement action, emotional regulation, communica- vider for care provided in accordance with Income Security Act of 1974 (29 U.S.C. 1185 et tion, and the integration of higher-order cog- this section. seq.) is amended by adding at the end the fol- nitive processes and which may be character- ‘‘(c) NOTICE UNDER GROUP HEALTH PLAN.— lowing: ized by the presence of unusual behaviors The imposition of the requirements of this ‘‘SEC. 715. REQUIRED COVERAGE FOR AUTISM and interests. Such term includes autistic section shall be treated as a material modi- SPECTRUM DISORDERS. disorder, pervasive developmental disorder fication in the terms of the plan described in ‘‘(a) IN GENERAL.—A group health plan, and (not otherwise specified), Asperger syn- section 102(a)(1), for purposes of assuring no- a health insurance issuer providing health drome, Retts disorder, and childhood disinte- tice of such requirements under the plan, ex- insurance coverage in connection with a grative disorder. cept that the summary description required group health plan, shall provide coverage for ‘‘(2) DIAGNOSIS OF AUTISM SPECTRUM DIS- to be provided under the last sentence of sec- the diagnosis of autism spectrum disorders ORDERS.—The term ‘diagnosis of autism spec- tion 104(b)(1) with respect to such modifica- and the treatment of autism spectrum dis- trum disorders’ means medically necessary tion shall be provided not later than the ear- orders. assessments, evaluations, or tests to diag- lier of— ‘‘(b) RULE OF CONSTRUCTION.—Nothing in nose whether an individual has an autism ‘‘(1) 60 days after the first day of the first this section shall be construed— spectrum disorder. plan year in which such requirements apply; ‘‘(1) as preventing a group health plan or ‘‘(3) TREATMENT OF AUTISM SPECTRUM DIS- or health insurance issuer from imposing finan- ORDERS.—The term ‘treatment of autism ‘‘(2) in the first mailing after the date of cial requirements or limits in relation to spectrum disorders’ means the following care enactment of the Autism Treatment Accel- benefits for the diagnosis and treatment of prescribed, provided, or ordered for an indi- eration Act of 2009 made by the plan or autism spectrum disorders, except that such vidual diagnosed with an autism spectrum issuer to the enrollee. financial requirements or limits for any such disorder by a physician, psychologist, or ‘‘(d) PROHIBITIONS.—A group health plan, benefits may not be less favorable to the in- other qualified professional who determines and a health insurance issuer offering group dividual than such financial requirements or the care to be medically necessary: health insurance coverage in connection limits for substantially all other medical ‘‘(A) Medications prescribed by a physician with a group health plan, shall not— and surgical benefits covered by the plan, and any health-related services necessary to ‘‘(1) deny to an individual eligibility, or and there shall be no separate financial re- determine the need or effectiveness of the continued eligibility, to enroll or to renew quirements or limits that are applicable only medications. coverage under the terms of the plan, solely with respect to benefits for the diagnosis or ‘‘(B) Occupational therapy, physical ther- for the purpose of avoiding the requirements treatment of autism spectrum disorders; and apy, and speech therapy. of this section; or

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.236 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4385 ‘‘(2) deny coverage otherwise available (A) IN GENERAL.—The amendment made by ness as a result of this recession. Per- under this section on the basis that such subsection (a) shall apply to group health mitting carryback of losses will help to coverage will not— plans for plan years beginning on or after the prevent employees from being laid off ‘‘(A) develop skills or functioning; date of enactment of this Act. today as a result of the credit crunch ‘‘(B) maintain skills or functioning; (B) SPECIAL RULE FOR COLLECTIVE BAR- ‘‘(C) restore skills or functioning; or GAINING AGREEMENTS.—In the case of a group that continues to exacerbate the down- ‘‘(D) prevent the loss of skills or func- health plan maintained pursuant to one or ward spiral of our economy. We can tioning. more collective bargaining agreements be- help lessen the credit crunch and in- ‘‘(e) PREEMPTION; RELATION TO STATE tween employee representatives and one or crease cash flow in companies by per- LAW.— more employers, any plan amendment made mitting companies to carryback losses ‘‘(1) IN GENERAL.—Nothing in this section pursuant to a collective bargaining agree- for 5 years. shall be construed to preempt any State law ment relating to the plan which amends the (or cost sharing requirements under State Today I am honored to introduce the plan solely to conform to any requirement NOL Carryback Act with the chairman law) with respect to health insurance cov- added by the amendment made by sub- erage that requires coverage of at least the sections (a) and (b)(1) shall not be treated as of the Senate Finance Committee, coverage for autism spectrum disorders oth- a termination of such collective bargaining Chairman MAX BAUCUS, and a distin- erwise required under this section. agreement. guished group of colleagues from the ‘‘(2) ERISA.—Nothing in this section shall (2) INDIVIDUAL PLANS.—The amendment Finance Committee. This bill mirrors be construed to affect or modify the provi- made by subsection (b)(2) shall apply with re- the Senate-passed NOL carryback pro- sions of section 514 of the Employee Income spect to health insurance coverage offered, vision that was passed in ARRA. The Retirement Security Act of 1974 with respect sold, issued, renewed, in effect, or operated to group health plans. Senate-passed bill allowed carrybacks in the individual market on or after the date for losses incurred in 2008 and 2009, for ‘‘(f) DEFINITIONS.—In this section: of enactment of this Act. ‘‘(1) AUTISM SPECTRUM DISORDERS.—The any sized business, but it prevented SEC. 13. AUTHORIZATION OF APPROPRIATIONS. term ‘autism spectrum disorders’ means de- There are authorized to be appropriated for companies that receive cash from the velopmental disabilities that cause substan- fiscal years 2010 through 2014 such sums as Troubled Asset Relief Program from tial impairments in the areas of social inter- may be necessary to carry out this Act. also receiving this cash infusion. action, emotional regulation, communication, and the integration of higher-order cog- By Ms. SNOWE (for herself, Mr. By Ms. SNOWE (for herself and nitive processes and which may be character- Mr. BEGICH): ized by the presence of unusual behaviors BAUCUS, Mr. HATCH, Ms. and interests. Such term includes autistic STABENOW, Mr. ENSIGN, Mrs. S. 824. A bill to establish a Jobs Cre- disorder, pervasive developmental disorder LINCOLN, Ms. CANTWELL, and ation Coordinator in the Department of (not otherwise specified), and Asperger syn- Mr. NELSON of Florida): Commerce to ensure that agencies in drome. S. 823. A bill to amend the Internal the Department use resources in a ‘‘(2) DIAGNOSIS OF AUTISM SPECTRUM DIS- Revenue Code of 1986 to allow a 5-year manner that maximizes the mainte- ORDERS.—The term ‘diagnosis of autism spec- carryback of operating losses, and for nance and creation of jobs in the trum disorders’ means medically necessary other purposes; to the Committee on United States, and for other purposes; assessments, evaluations, or tests to diag- Finance. to the Committee on Commerce, nose whether an individual has an autism spectrum disorder. Ms. SNOWE. Mr. President, Amer- Science, and Transportation. ‘‘(3) TREATMENT OF AUTISM SPECTRUM DIS- ica’s economy is continuing in reces- Ms. SNOWE. Mr. President, I rise ORDERS.—The term ‘treatment of autism sion. Companies that have been profit- today in response to the devastating spectrum disorders’ means the following care able for years are finding their balance job losses resulting from the current prescribed, provided, or ordered for an indi- sheets awash in red ink. The economic economic crisis. Figures released this vidual diagnosed with an autism spectrum stimulus bill, the American Recover week show that U.S. companies shed disorder by a physician, psychologist, or and Reinvestment Act or ‘‘ARRA,’’ more than 740,000 jobs in March, a 5 other qualified professional who determines helped some small companies with a percent increase over the 706,000 jobs the care to be medically necessary: lost in February. Our country has now ‘‘(A) Medications prescribed by a physician provision that allows them to take and any health-related services necessary to losses from 2008 and carry them back lost nearly 4.5 million jobs since the determine the need or effectiveness of the for up to five years rather than carry onset of the recession—the most since medications. them forward for up to 20 or back only 1945. Tomorrow’s release of govern- ‘‘(B) Occupational therapy, physical ther- two. This net operating loss, NOL, ment-compiled employment figures is apy, and speech therapy. carryback provision gives formerly certain to confirm the dismal state of ‘‘(C) Direct or consultative services pro- profitable companies the ability to get the U.S. job market—a tragic reality vided by a psychiatrist or psychologist. a quick infusion of cash by recouping that millions of hardworking Ameri- ‘‘(D) Professional, counseling, and guid- cans and the families they support ance services and treatment programs, in- taxes paid when they were profitable in cluding applied behavior analysis and other the recent past. know all too well. structured behavioral programs. In this sub- The cash from a 5 year carryback of As a senior member of the Senate paragraph, the term ‘applied behavior anal- NOLs allows companies to keep em- Committee on Commerce, Science and ysis’ means the design, implementation and ployees on payroll, and stabilize oper- Transportation, I believe it is essential evaluation of environmental modifications, ations during the most trying time for the Department of Commerce to re- using behavioral stimuli and consequences, businesses have faced in at least a gen- spond to this dire situation by focusing to produce socially significant improvement eration. The House and Senate and the its efforts on expanding employment in human behavior, including the use of di- Obama Administration all acknowl- opportunities for Americans. With its rect observation, measurement, and functional analysis of the relationship between edged the importance of permitting statutory mission ‘‘to foster, promote, environment and behavior. NOL carrybacks during the debate on and develop the foreign and domestic ‘‘(E) Augmentative communication devices the economic stimulus with provisions commerce,’’ the Department of Com- and other assistive technology devices.’’. that generally allowed any company to merce has a clear mandate to defend (2) INDIVIDUAL MARKET.—Subpart 3 of part carryback losses incurred in 2008 and and grow the U.S. economy through job B of title XXVII of the Public Health Service 2009. Unfortunately, the final agree- preservation and creation. Act (42 U.S.C. 300gg-51 et seq.) is amended by ment on that law did not contain the Yet the disparate agencies that com- adding at the end the following: sweeping provision that is necessary to prise the department have little or no ‘‘SEC. 2754. REQUIRED COVERAGE FOR AUTISM occasion to coordinate their efforts to- SPECTRUM DISORDERS. help as many companies as are in need ‘‘The provisions of section 2708 shall apply of this tax relief. ward maximizing its job maintaining to health insurance coverage offered by a Companies are permitted to take and creating potential. While divisions health insurance issuer in the individual these losses against future income, for such as the Economic Development market in the same manner as they apply to up to 20 years from now. However, that Agency and the Minority Business De- health insurance coverage offered by a carryforward of losses does nothing to velopment Agency each have their own health insurance issuer in connection with a help companies weather the current re- programs to increase employment in group health plan in the small or large group market.’’. cession in fact some of these companies their respective target communities, (c) EFFECTIVE DATES.— might never be able to take these there is the potential for even greater (1) GROUP HEALTH PLANS.— losses because they’ll go out of busi- job creation through the coordination

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00155 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.237 S02APPT1 rfrederick on PROD1PC67 with SENATE S4386 CONGRESSIONAL RECORD — SENATE April 2, 2009 of their efforts with the core functions the tax burden on families and businesses, Whereas a policy briefing published by the of other department components, such and focus on policies that will lead to job School of Oriental and African Studies, Uni- as the export-promotion activities of creation and economic growth; and versity of London, in 2008, entitled ‘‘Invisible the International Trade Administra- Whereas taxpayers in the United States to the World’’, used extrapolations based on are expressing their opposition to high taxes surveys in 6 areas that took place in 2006 and tion, the economic analysis of the Eco- and skyrocketing spending by the United 2007 to conclude that approximately 2,400,000 nomics and Statistics Administration, States Government by organizing ‘‘Taxed schoolchildren from Uzbekistan between the and the stewardship of technological Enough Already’’ parties, also known as ages of 10 and 15 are forcibly recruited into innovation by the National Tele- ‘‘TEA’’ parties: Now, therefore, be it the annual cotton harvest; communications & Information Admin- Resolved, That the Senate designates each Whereas the British Broadcasting Com- istration. of April 15, 2009, and April 15, 2010, as ‘‘Na- pany undertook an investigation in late 2007 That is why I am today introducing tional TEA Party Day’’. and found that the Government of f Uzbekistan continues to rely on the state-or- bipartisan legislation with my Com- chestrated mass mobilization of children to merce Committee colleague Senator SENATE RESOLUTION 99—EX- bring in the cotton harvest; Begich to establish a Job Creation Co- PRESSING THE SENSE OF THE Whereas, in 2008, reports of child labor in ordinator at the department. Answer- SENATE THAT THE GOVERN- the cotton fields were received by multiple ing directly to the Secretary of Com- MENT OF UZBEKISTAN SHOULD media outlets and local human rights activ- merce, the Coordinator would not only IMMEDIATELY ENFORCE ITS EX- ists from the major cotton-growing regions ensure that each agency is carrying in Uzbekistan, including Djizzak, Namangan, ISTING DOMESTIC LEGISLATION Samarkand, and Ferghana, among others; out its primary mission in a way that AND FULFILL ITS INTER- Whereas a report by the Rapid Reaction maximizes U.S. employment, but also NATIONAL COMMITMENTS AIMED Group indicates that schoolchildren who would identify and implement opportu- AT ENDING STATE-SPONSORED cannot fulfill their daily picking quotas are nities to link separate programs being FORCED AND CHILD LABOR forced to make up the difference in cash carried out by the agencies in a way from the pockets of their own families; Mr. HARKIN (for himself, Mr. SAND- that ensures that department resources Whereas the Government of Uzbekistan de- ERS, and Mr. BINGAMAN) submitted the are being spent in a manner which tained and harassed an independent jour- following resolution; which was re- nalist who accompanied a diplomat from the guarantees the utmost job creation per ferred to the Committee on Foreign United States on a research trip to Syr Daria dollar appropriated. Relations: province, where the diplomat photographed Specifically, the Jobs Coordinator children working in the cotton fields; S. RES. 99 would be responsible for making an ini- Whereas the children working in the cot- tial assessment of the private sector Whereas the United States has a growing ton fields are stressed by the pressure to ful- strategic involvement in Central Asia; fill cotton quotas, physically abused by ardu- jobs currently being maintained or cre- Whereas the interests of the United States ated by Commerce Department pro- ous work in the cotton fields, and subjected in Central Asia, including the operations in to poor and hazardous living conditions dur- grams; formulating an action plan for Afghanistan, can only be secured by the ing the harvest period; improving these figures under existing presence in the region of viable, vigorous de- Whereas international brands such as Gap, statutory authority; liaising with Con- mocracies that fully guarantee the economic H&M, Levi Strauss, Limited Brands, Target, gress about additional authority which and social rights of all people, including chil- Tesco, and Wal-Mart have banned cotton would enhance the job maintaining and dren; from Uzbekistan from their products and in- creating abilities of Commerce Depart- Whereas the Government of Uzbekistan structed their suppliers to comply with the continues to commit serious human rights ment programs; and, overseeing the ban; abuses, including arbitrary arrest and deten- Whereas the Government of Uzbekistan al- implementation of new department tion, torture in custody, and the severe re- lowed a survey to be conducted by the policies or statutory authorities in- striction of freedom of speech, the press, re- United Nations Children’s Fund (UNICEF), tended to enhance the department’s job ligion, independent political activity, and under the strict supervision of the Govern- maintenance and creation potential. nongovernmental organizations; ment of Uzbekistan, yet the survey was not The millions of Americans who have Whereas the Government of Uzbekistan de- conducted during the fall harvest season (a lost their livelihoods to the economic tains thousands of people for political or re- time when the likelihood of children work- downturn, or whose jobs are at risk ligious reasons; ing in the fields is significantly greater); Whereas Uzbekistan is the third largest ex- amidst the turmoil, deserve the utmost Whereas the Government of Uzbekistan re- porter of cotton in the world, and cotton is fused to fully cooperate with the ILO and the effort by their government to put an 1 of the largest sources of export revenue for International Cotton Advisory Committee to end to the lay-offs and get people back Uzbekistan; undertake an independent technical assess- to work. I urge my colleagues to join Whereas Uzbekistan has signed and prop- ment of forced child labor during the fall 2008 me in this vital effort by supporting erly deposited with the International Labour harvest season; and this legislation. Organization (ILO) the Minimum Age Con- Whereas the ILO has conducted inde- vention, convened at Geneva June 6, 1973 pendent investigations into forced and child f (International Labour Organization Conven- labor in more than 60 countries around the SUBMITTED RESOLUTIONS tion Number 138) and the Worst Forms of world, including developing and developed Child Labour Convention, convened at Gene- countries: Now, therefore, be it va June 1, 1999 (International Labour Organi- Resolved, That it is the sense of the Senate SENATE RESOLUTION 98—DESIG- zation Convention Number 182); that the Government of Uzbekistan should— NATING EACH OF APRIL 15, 2009, Whereas the Government of Uzbekistan (1) immediately enforce its existing domes- issued a decree in September 2008 that osten- tic legislation and fulfill its international AND APRIL 15, 2010, AS ‘‘NA- sibly prohibited the practice of forced and commitments aimed at ending state-spon- TIONAL TEA PARTY DAY’’ child labor, but the Government of sored forced and child labor; Mr. VITTER submitted the following Uzbekistan sent schoolchildren to harvest (2) allow a comprehensive independent in- resolution; which was referred to the cotton within weeks after issuing the decree; vestigation into forced and child labor in the Committee on the Judiciary: Whereas the 2008 Country Reports on cotton sector during the fall 2009 harvest Human Rights Practices by the Department season by the International Labour Organi- S. RES. 98 of State stated that large-scale compulsory zation; Whereas the taxpayers of the United mobilization of youth and students to har- (3) in consultation and cooperation with States understand that the so-called ‘‘stim- vest cotton continued in most rural areas of the International Labour Organization, de- ulus bill’’, the American Recovery and Rein- Uzbekistan and that the students and youths velop a credible and comprehensive action vestment Act of 2009 (Public Law 111–5; 123 were poorly paid, living conditions were plan based on the findings of the Inter- Stat. 115), included a laundry list of spending poor, and children were exposed to harmful national Labour Organization and commit projects; chemicals and pesticides applied in the cot- the resources necessary to end forced and Whereas the taxpayers of the United ton fields; child labor in the cotton sector; and States understand that the bailouts of Wall Whereas research by the Environmental (4) take concrete steps towards systemic Street by the United States Government Justice Foundation indicates that each year reform that will— have been ineffective and a waste of taxpayer hundreds of thousands of schoolchildren (A) ensure greater freedom and better re- funding; from Uzbekistan, some as young as 7 years turns from their labor for cotton-producing Whereas the taxpayers of the United old, are forced by the Government of farmers; and States agree that the United States Govern- Uzbekistan to work in the national cotton (B) enable such farmers to employ adults ment should stop wasteful spending, reduce harvest for up to 3 months; in the cotton sector.

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.238 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4387 SENATE RESOLUTION 100—EX- SENATE RESOLUTION 101—EX- Resolved that Jamie Lynch is authorized to PRESSING THE SUPPORT OF THE PRESSING THE SENSE OF THE testify and to produce documents in Richard SENATE FOR THE ESTABLISH- SENATE ON THE TRAGIC EVENTS Bowen v. Department of the Navy, except MENT OF AN URBAN YOUTH AT THE PINELAKE HEALTH AND concerning matters for which a privilege should be asserted. SPORT INITIATIVE IN PARTNER- REHAB CENTER IN CARTHAGE, SHIP WITH THE UNITED STATES NORTH CAROLINA ON SUNDAY, f OLYMPIC COMMITTEE MARCH 29, 2009 SENATE CONCURRENT RESOLU- Mr. BURR (for himself and Mrs. TION 17—AUTHORIZING THE USE Mr. DURBIN submitted the following OF EMANCIPATION HALL IN THE resolution; which was referred to the HAGAN) submitted the following resolution; which was CAPITOL VISITOR CENTER FOR Committee on Commerce, Science, and THE UNVEILING OF A BUST OF S. RES. 101 Transportation: SOJOURNER TRUTH Resolved, That the Senate— S. RES. 100 (1) offers its heartfelt condolences to the Mrs. GILLIBRAND (for herself and Whereas participation in sports and orga- victims and their families, and to the staff Mr. SPECTER) submitted the following nized physical education is essential to fos- and their families, who have been deeply af- concurrent resolution, which was re- tering healthy attitudes and lifestyles in fected by the tragic events that occurred at ferred to the Committee on Rules and children; the Pinelake Health and Rehab Center in Administration. Whereas the National Association for Carthage, North Carolina on March 29, 2009; Sport and Physical Education reports that (2) honors the lives of the deceased vic- S. CON. RES. 17 participation among American students in tims—Jerry Avant, Louise DeKler, Lillian Resolved by the Senate (the House of Rep- physical education has declined dramati- Dunn, Tessie Garner, John Goldstrom, Bessie resentatives concurring), cally; Hedrick, Margaret Johnson, and Jesse SECTION 1. USE OF EMANCIPATION HALL FOR Whereas American children are experi- Musser; and UNVEILING OF SOJOURNER TRUTH encing obesity in growing numbers, and data (3) recognizes the heroism of Officer Justin BUST. continues to highlight the link between obe- Garner, whose decisive action and bravery (a) AUTHORIZATION.—Emancipation Hall in sity and diabetes, heart disease, and other preserved the safety of many, and wishes Of- the Capitol Visitor Center is authorized to be life-threatening medical conditions; ficer Garner a complete and rapid recovery used for an event on April 28, 2009, to unveil Whereas youth physical fitness through from the wound he sustained. a bust of Sojourner Truth. sport improves overall health, aids child de- (b) PREPARATIONS.—Physical preparations f velopment, improves self-esteem, and infor the conduct of the ceremony described in creases academic success in the classroom; SENATE RESOLUTION 102—PRO- subsection (a) shall be carried out in accord- Whereas participation in adaptive sports VIDING FOR MEMBERS ON THE ance with such conditions as may be pre- improves self-worth, health, independence, PART OF THE SENATE OF THE scribed by the Architect of the Capitol. and self-esteem for youth with physical and JOINT COMMITTEE ON PRINTING f cognitive disabilities; AND THE JOINT COMMITTEE OF Whereas the rate of participation by urban AMENDMENTS SUBMITTED AND youth in organized athletics is approxi- CONGRESS ON THE LIBRARY PROPOSED mately one-third of the rate of suburban Mr. SCHUMER (for himself and Mr. SA 928. Mr. THUNE submitted an amend- youth, and this is particularly true for young BENNETT) submitted the following reso- ment intended to be proposed by him to the girls in urban areas; lution; which was concurrent resolution S. Con. Res. 13, setting Whereas both the world and United States S. RES. 102 forth the congressional budget for the United populations are becoming increasingly States Government for fiscal year 2010, revis- urban, and if the trend of urbanization con- Resolved, That the following named Mem- bers be, and they are hereby, elected mem- ing the appropriate budgetary levels for fis- tinues, by 2030 it is estimated that two- cal year 2009, and setting forth the appro- thirds of the global population will reside in bers of the following joint committees of Congress: priate budgetary levels for fiscal years 2011 urban areas; through 2014; which was ordered to lie on the Whereas establishing sports in urban set- JOINT COMMITTEE ON PRINTING: Mr. Schu- mer, Mrs. Murray, Mr. Udall of New Mexico, table. tings remains a particular challenge because SA 929. Mr. BROWN submitted an amend- cities often lack the physical space needed Mr. Bennett, and Mr. Chambliss. JOINT COMMITTEE OF CONGRESS ON THE LI- ment intended to be proposed by him to the for sports and efforts are often fragmented concurrent resolution S. Con. Res. 13, supra; due to communication and coordination BRARY: Mr. Schumer, Mr. Dodd, Mr. Durbin, Mr. Bennett, and Mr. Cochran. which was ordered to lie on the table. challenges; SA 930. Ms. LANDRIEU submitted an Whereas the selection of the city of Chi- f amendment intended to be proposed by her cago to represent the United States in its bid to the concurrent resolution S. Con. Res. 13, to host the 2016 Summer Olympic and SENATE RESOLUTION 103—TO AU- THORIZE TESTIMONY AND DOCU- supra; which was ordered to lie on the table. Paralympic Games would leave a legacy of SA 931. Ms. LANDRIEU (for herself, Mr. youth engagement in sports in cities across MENT PRODUCTION IN RICHARD BEGICH, and Ms. MURKOWSKI) submitted an our Nation; BOWEN V. DEPARTMENT OF THE amendment intended to be proposed by her Whereas the city of Chicago and Chicago NAVY (MSPB) to the concurrent resolution S. Con. Res. 13, 2016 are committed to an initiative estab- Mr. REID (for himself and Mr. supra. lishing sustainable urban sport venues and SA 932. Mr. KYL (for himself and Mr. connecting sport venues with programs that MCCONNELL) submitted the following resolution; which was: LIEBERMAN) submitted an amendment in- address coaching challenges, resource issues, tended to be proposed by him to the concur- and the difficulties of parental support to S. RES. 103 rent resolution S. Con. Res. 13, supra; which run programs; Whereas, in the case of Richard Bowen v. was ordered to lie on the table. Whereas the United States Olympic Com- Department of the Navy, No. SF–0752–09– SA 933. Mr. KYL submitted an amendment mittee and its 45 member organizations are 0040–I–1, pending before the Merit Systems intended to be proposed by him to the concurrently investing in Olympic and Protection Board, a request has been made current resolution S. Con. Res. 13, supra; Paralympic sport and physical activity pro- for documents from the office of Senator Jim which was ordered to lie on the table. grams for Americans in communities Webb and a declaration from Jamie Lynch, a SA 934. Mr. CORNYN submitted an amend- throughout the United States; and former fellow in the office of Senator Webb; ment intended to be proposed by him to the Whereas the creation of an Urban Youth Whereas, by the privileges of the Senate of concurrent resolution S. Con. Res. 13, supra. Sport Initiative would increase involvement the United States and Rule XI of the Stand- SA 935. Mr. VITTER submitted an amend- of urban youth in sport, increase the training Rules of the Senate, no evidence under ment intended to be proposed by him to the ing and availability of coaches in urban the control or in the possession of the Senate concurrent resolution S. Con. Res. 13, supra; areas for youth sports, and enhance the abil- may, by the judicial or administrative proc- which was ordered to lie on the table. ity of urban cities to administer youth ess, be taken from such control or possession SA 936. Mr. VITTER submitted an amend- sports programs: Now, therefore, be it but by permission of the Senate; ment intended to be proposed by him to the Resolved, That the Senate— Whereas, when it appears that evidence concurrent resolution S. Con. Res. 13, supra; (1) supports the expansion of quality urban under the control or in the possession of the which was ordered to lie on the table. youth sports programs to increase urban Senate may promote the administration of SA 937. Mr. VITTER submitted an amend- youth involvement in sport; and justice, the Senate will take such action as ment intended to be proposed by him to the (2) supports the establishment of an Urban will promote the ends of justice consistent concurrent resolution S. Con. Res. 13, supra. Youth Sport Initiative in partnership with with the privileges of the Senate: Now, SA 938. Mr. VITTER (for himself, Mr. the United States Olympic Committee. therefore, be it GRASSLEY, and Mr. FEINGOLD) submitted an

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.240 S02APPT1 rfrederick on PROD1PC67 with SENATE S4388 CONGRESSIONAL RECORD — SENATE April 2, 2009 amendment intended to be proposed by him to be proposed by him to the concurrent res- SA 980. Mr. KYL (for himself and Mr. to the concurrent resolution S. Con. Res. 13, olution S . Con. Res. 13, supra. LIEBERMAN) submitted an amendment in- supra; which was ordered to lie on the table. SA 959. Mr. GRAHAM submitted an amend- tended to be proposed by him to the concur- SA 939. Mr. HATCH (for himself, Ms. MI- ment intended to be proposed by him to the rent resolution S. Con. Res. 13, supra. KULSKI, Mr. CARDIN, and Mr. KENNEDY) sub- concurrent resolution S. Con. Res. 13, supra; f mitted an amendment intended to be pro- which was ordered to lie on the table. posed by him to the concurrent resolution S. SA 960. Mr. BARRASSO (for himself and TEXT OF AMENDMENTS Con. Res. 13, supra. Mr. CRAPO) submitted an amendment in- SA 928. Mr. THUNE submitted an SA 940. Ms. SNOWE (for herself and Ms. tended to be proposed by him to the concur- amendment intended to be proposed by LANDRIEU) submitted an amendment in- rent resolution S. Con. Res. 13, supra. tended to be proposed by her to the concur- SA 961. Ms. MURKOWSKI submitted an him to the concurrent resolution S. rent resolution S. Con. Res. 13, supra. amendment intended to be proposed by her Con. Res. 13, setting forth the congres- SA 941. Mr. GREGG submitted an amend- to the concurrent resolution S. Con. Res. 13, sional budget for the United States ment intended to be proposed by him to the supra; which was ordered to lie on the table. Government for fiscal year 2010, revis- concurrent resolution S. Con. Res. 13, supra; SA 962. Mr. HATCH submitted an amend- ing the appropriate budgetary levels which was ordered to lie on the table. ment intended to be proposed by him to the for fiscal year 2009, and setting forth SA 942. Mr. GREGG submitted an amend- concurrent resolution S. Con. Res. 13, supra. the appropriate budgetary levels for ment intended to be proposed by him to the SA 963. Mr. DEMINT submitted an amend- concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the fiscal years 2011 through 2014; which which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra. was ordered to lie on the table; as fol- SA 943. Mr. GREGG (for himself and Mr. SA 964. Mr. DEMINT (for himself, Mr. BEN- lows: BARRASSO) submitted an amendment in- NETT, Mr. ENZI, Mr. BROWNBACK, Mr. COBURN, On page 68, after line 4, insert the fol- tended to be proposed by him to the concur- and Mr. VITTER) submitted an amendment lowing: rent resolution S. Con. Res. 13, supra; which intended to be proposed by him to the con- SEC. lll. LIMITATION ON BUDGET RESOLU- was ordered to lie on the table. current resolution S. Con. Res. 13, supra. TIONS SHOWING AN AVERAGE AN- SA 944. Mr. GREGG (for himself, Mr. ALEX- SA 965. Mr. DEMINT submitted an amend- NUAL DEFICIT-TO-GROSS DOMESTIC ANDER, and Mr. BARRASSO) submitted an ment intended to be proposed by him to the PRODUCT RATIO OF GREATER THAT amendment intended to be proposed by him concurrent resolution S. Con. Res. 13, supra. 3.5 PERCENT. to the concurrent resolution S. Con. Res. 13, SA 966. Mr. LIEBERMAN (for himself, Mr. (a) POINT OF ORDER.—In the Senate, it supra; which was ordered to lie on the table. SESSIONS, Mr. BEGICH, Mr. KYL, Ms. MUR- shall not be in order to consider any budget SA 945. Mr. GREGG submitted an amend- KOWSKI, Mr. INHOFE, Mr. JOHANNS, and Mr. resolution, or amendment thereto, or con- ment intended to be proposed by him to the NELSON of Nebraska) submitted an amend- ference report thereon, that shows an aver- concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the age annual deficit-to-gross domestic product which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; ratio of greater that 3.5 percent for the pe- SA 946. Mr. DORGAN (for himself, Mr. which was ordered to lie on the table. riod of the current fiscal year through the JOHNSON, Mr. BINGAMAN, Mr. BEGICH, Mr. SA 967. Mr. DEMINT submitted an amend- next 5 years. UDALL, of New Mexico, Mr. TESTER, Ms. ment intended to be proposed by him to the (b) FORM OF POINT OF ORDER.—A point of MURKOWSKI, Mr. REID, and Mr. WYDEN) sub- concurrent resolution S. Con. Res. 13, supra. order under subsection (a) may be raised by mitted an amendment intended to be pro- SA 968. Mr. VITTER submitted an amend- a Senator as provided in section 313(e) of the posed by him to the concurrent resolution S. ment intended to be proposed by him to the Congressional Budget Act of 1974. Con. Res. 13, supra. concurrent resolution S. Con. Res. 13, supra; (c) WAIVER.—This section may be waived SA 947. Ms. KLOBUCHAR (for herself and which was ordered to lie on the table. or suspended only by the affirmative vote of Mr. HARKIN) submitted an amendment in- SA 969. Mr. SESSIONS submitted an three-fifths of the Members, duly chosen and tended to be proposed by her to the concur- amendment intended to be proposed by him sworn. rent resolution S. Con. Res. 13, supra; which to the concurrent resolution S. Con. Res. 13, (d) APPEALS.—An affirmative vote of three- was ordered to lie on the table. supra. fifths of the Members, duly chosen and SA 948. Ms. KLOBUCHAR (for herself and SA 970. Mr. HATCH (for himself and Mr. sworn, shall be required to sustain an appeal Mr. DORGAN) submitted an amendment in- KENNEDY) submitted an amendment intended of the ruling of the Chair on a point of order tended to be proposed by her to the concur- to be proposed by him to the concurrent res- raised under this section. rent resolution S. Con. Res. 13, supra; which olution S. Con. Res. 13, supra. (e) DETERMINATIONS OF BUDGET LEVELS.— was ordered to lie on the table. SA 971. Mrs. GILLIBRAND submitted an For purposes of this section, the levels of net SA 949. Mr. REED submitted an amend- amendment intended to be proposed by her direct spending shall be determined on the ment intended to be proposed by him to the to the concurrent resolution S. Con. Res. 13, basis of estimates provided by the Com- concurrent resolution S. Con. Res. 13, supra. supra; which was ordered to lie on the table. mittee on the Budget of the Senate and pro- SA 950. Mr. GRASSLEY submitted an SA 972. Ms. MURKOWSKI (for herself, Mr. jected gross domestic product figures shall amendment intended to be proposed by him UDALL, of New Mexico, Mr. DORGAN, Mr. be determined on the basis of estimates pro- to the concurrent resolution S. Con. Res. 13, JOHNSON, and Mr. BEGICH) submitted an vided by the Congressional Budget Office. supra. amendment intended to be proposed by her (f) SUNSET.—This section shall expire on SA 951. Mr. SCHUMER submitted an to the concurrent resolution S. Con. Res. 13, September 30, 2010. amendment intended to be proposed by him supra; which was ordered to lie on the table. to the concurrent resolution S. Con. Res. 13, SA 973. Mr. ENZI submitted an amendment SA 929. Mr. BROWN submitted an supra; which was ordered to lie on the table. intended to be proposed by him to the con- amendment intended to be proposed by SA 952. Mrs. BOXER submitted an amend- current resolution S. Con. Res. 13, supra; him to the concurrent resolution S. ment intended to be proposed by her to the which was ordered to lie on the table. Con. Res. 13, setting forth the congres- concurrent resolution S. Con. Res. 13, supra; SA 974. Mr. DURBIN submitted an amend- sional budget for the United States which was ordered to lie on the table. ment intended to be proposed by him to the Government for fiscal year 2010, revis- concurrent resolution S. Con. Res. 13, supra. SA 953. Mrs. BOXER (for herself and Mr. ing the appropriate budgetary levels ENSIGN) submitted an amendment intended SA 975. Mr. MENENDEZ submitted an to be proposed by her to the concurrent reso- amendment intended to be proposed by him for fiscal year 2009, and setting forth lution S. Con. Res. 13, supra. to the concurrent resolution S. Con. Res. 13, the appropriate budgetary levels for SA 954. Mr. BENNETT submitted an supra; which was ordered to lie on the table. fiscal years 2011 through 2014; which amendment intended to be proposed by him SA 976. Mr. HATCH (for himself and Mr. was ordered to lie on the table; as fol- to the concurrent resolution S. Con. Res. 13, WYDEN) submitted an amendment intended lows: to be proposed by him to the concurrent res- supra. On page 36, line 5, after ‘‘programs’’, insert olution S. Con. Res. 13, supra. SA 955. Mr. DODD (for himself and Mr. ‘‘, particularly the Highway Bridge Pro- ATCH) submitted an amendment intended to SA 977. Mr. LAUTENBERG submitted an H gram,’’. be proposed by him to the concurrent resolu- amendment intended to be proposed by him tion S. Con. Res. 13, supra. to the concurrent resolution S. Con. Res. 13, SA 930. Ms. LANDRIEU submitted an SA 956. Mr. LAUTENBERG submitted an supra; which was ordered to lie on the table. amendment intended to be proposed by amendment intended to be proposed by him SA 978. Mr. HATCH (for himself, Mr. BAU- her to the concurrent resolution S. to the concurrent resolution S. Con. Res. 13, CUS, and Mr. ENZI) submitted an amendment Con. Res. 13, setting forth the congres- supra; which was ordered to lie on the table. intended to be proposed by him to the con- sional budget for the United States SA 957. Mr. LAUTENBERG (for himself and current resolution S. Con. Res. 13, supra; Government for fiscal year 2010, revis- Mrs. GILLIBRAND) submitted an amendment which was ordered to lie on the table. intended to be proposed by him to the con- SA 979. Mr. PRYOR submitted an amend- ing the appropriate budgetary levels current resolution S. Con. Res. 13, supra. ment intended to be proposed by him to the for fiscal year 2009, and setting forth SA 958. Mr. CRAPO (for himself and Mr. concurrent resolution S. Con. Res. 13, supra; the appropriate budgetary levels for CORKER) submitted an amendment intended which was ordered to lie on the table. fiscal years 2011 through 2014; which

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00158 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.243 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4389 was ordered to lie on the table; as fol- On page 12, line 22, decrease the amount by (1) IN GENERAL.—In the Senate, it shall not lows: $553,000,000. be in order, to consider any bill, joint resolu- On page 27, line 23, increase the amount by At the end of subtitle A of title III, add the tion, amendment, motion, or conference re- $1,453,000,000. port that includes a restriction on the right following: On page 27, line 24, increase the amount by of Americans to own a firearm. SEC. ll. POINT OF ORDER AGAINST LEGISLA- $1,453,000,000. (2) DEFINITION.—In this subsection the TION THAT REPEALS CERTAIN TAX term ‘‘Restriction on the right of Americans BENEFITS THAT SUPPORT DOMES- Mr. KYL submitted an TIC ENERGY PRODUCTION. SA 933. to own a firearm’’ means any bill that re- (a) IN GENERAL.—In the Senate, it shall not amendment intended to be proposed by stricts the right of an American to own any be in order, to consider any bill, joint resolu- him to the concurrent resolution S. firearm. tion, amendment, motion, or conference re- Con. Res. 13, setting forth the congres- (3) WAIVER.—This section may be waived or suspended only by an affirmative vote of port that includes a measure that repeals the sional budget for the United States three-fifths of the Members, dully chosen enhanced oil recovery credit, the marginal Government for fiscal year 2010, revis- and sworn. well tax credit, expensing of intangible drilling the appropriate budgetary levels (4) APPEALS.—An affirmative vote of three- ing costs, the deduction for tertiary for fiscal year 2009, and setting forth fifths of the Members of the Senate, duly injectants, or the percentage depletion al- the appropriate budgetary levels for chosen and sworn, shall be required to sus- lowance for oil and natural gas properties. tain an appeal of the ruling of the Chair on (b) WAIVER.—This section may be waived fiscal years 2011 through 2014; which a point of order raised under this section. or suspended only by an affirmative vote of was ordered to lie on the table; as fol- three-fifths of the Members of the Senate, lows: SA 936. Mr. VITTER submitted an duly chosen and sworn. On page 10, line 20, decrease the amount by amendment intended to be proposed by (c) APPEALS.—An affirmative vote of three- $10,000,000. him to the concurrent resolution S. fifths of the Members of the Senate, duly On page 10, line 21, decrease the amount by chosen and sworn, shall be required to sus- $10,000,000. Con. Res. 13, setting forth the congres- tain an appeal of the ruling of the Chair on On page 12, line 21, decrease the amount by sional budget for the United States a point of order raised under this section. $10,000,000. Government for fiscal year 2010, revis- SA 931. Ms. LANDRIEU (for herself, On page 12, line 22, decrease the amount by ing the appropriate budgetary levels $10,000,000. Mr. BEGICH, and Ms. MURKOWSKI) sub- for fiscal year 2009, and setting forth On page 27, line 23, increase the amount by the appropriate budgetary levels for mitted an amendment intended to be $20,000,000. proposed by her to the concurrent reso- On page 27, line 24, increase the amount by fiscal years 2011 through 2014; which lution S. Con. Res. 13, setting forth the $20,000,000. was ordered to lie on the table; as fol- congressional budget for the United lows: States Government for fiscal year 2010, SA 934. Mr. CORNYN submitted an At the appropriate place in title II, insert revising the appropriate budgetary lev- amendment intended to be proposed by the following: els for fiscal year 2009, and setting him to the concurrent resolution S. SEC. l. RESERVE FUND TO PREVENT FUNDING Con. Res. 13, setting forth the congres- FOR SANCTUARY CITIES. forth the appropriate budgetary levels The Chairman of the Senate Committee on for fiscal years 2011 through 2014; as sional budget for the United States Government for fiscal year 2010, revis- the Budget may revise the allocations of a follows: committee or committees, aggregates, and ing the appropriate budgetary levels At the appropriate place in title II, insert other levels in this resolution for a bill, joint the following: for fiscal year 2009, and setting forth resolution, amendment, motion, or con- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND the appropriate budgetary levels for ference report that would ensure that funds FOR OUTER CONTINENTAL SHELF fiscal years 2011 through 2014; as fol- appropriated for the Community Oriented OIL AND NATURAL GAS LEASING lows: Policing Services Program are not used in contravention of section 642(a) of the Illegal REVENUES. At the appropriate place insert the fol- Immigration Reform and Immigrant Respon- (a) IN GENERAL.—Subject to subsection (b), lowing: the Chairman of the Committee on the Budg- sibility Act of 1996 (8 U.S.C. 1373(a)) by the SEC.ll. REQUIREMENT THAT LEGISLATION BE amounts provided in that legislation for that et of the Senate may revise the allocations, AVAILABLE AND SCORED 5 DAYS BE- aggregates, and other levels in this resolu- FORE A VOTE ON PASSAGE. purpose, provided that such legislation would not increase deficit over either the tion by the amounts provided by a bill, joint (a) IN GENERAL.—In the Senate, it shall not resolution, amendment, motion, or con- be in order, to vote on final passage on any total of the period of fiscal years 2009 through 2014 or the period of the total of fis- ference report that would provide that 50 bill, joint resolution, or conference report cal years of 2009 through 2019. perecent of any revenues collected by the unless the text and a budget score from the United States from oil and natural gas leases Congressional Budget Office of the legisla- in the outer Continental Shelf shall be— SA 937. Mr. VITTER submitted an tion, are available on a publicly accessible amendment intended to be proposed by (1) distributed among coastal energy pro- Congressional website five days prior to the ducing States; or vote on passage of the legislation. him to the concurrent resolution S. (2) allocated for— (b) WAIVER.—This section may be waived Con. Res. 13, setting forth the congres- (A) the conduct of innovative alternative or suspended in the Senate only by an af- sional budget for the United States energy research; and firmative vote of three-fifths of the Mem- Government for fiscal year 2010, revis- (B) supporting parks and wildlife. bers, duly chosen and sworn. ing the appropriate budgetary levels (b) DEFICIT NEUTRALITY.—Subsection (a) (c) APPEALS.—An affirmative vote of three- for fiscal year 2009, and setting forth applies only if the legislation described in fifths of the Members of the Senate, duly the appropriate budgetary levels for subsection (a) would not increase the deficit chosen and sworn, shall be required to sus- fiscal years 2011 through 2014; as fol- over the period of the total of fiscal years tain an appeal of the ruling of the Chair on 2009 through 2014 or the period of the total of a point of order raised under this section. lows: fiscal years 2009 through 2019. At the appropriate place in title II, insert SA 935. Mr. VITTER submitted an the following: SA 932. Mr. KYL (for himself and Mr. amendment intended to be proposed by SEC. l. RESERVE FUND TO REQUIRE DRUG TEST- LIEBERMAN) submitted an amendment him to the concurrent resolution S. ING AND TO PROVIDE DRUG TREAT- intended to be proposed by him to the MENT FOR TANF RECIPIENTS. Con. Res. 13, setting forth the congres- The Chairman of the Committee on the concurrent resolution S. Con. Res. 13, sional budget for the United States Budget of the Senate may revise the alloca- setting forth the congressional budget Government for fiscal year 2010, revis- tions of a committee or committees, aggre- for the United States Government for ing the appropriate budgetary levels gates, and other levels in this resolution for fiscal year 2010, revising the appro- for fiscal year 2009, and setting forth a bill, joint resolution, amendment, motion, priate budgetary levels for fiscal year the appropriate budgetary levels for or conference report that— (1) Would require that States operate a 2009, and setting forth the appropriate fiscal years 2011 through 2014; which budgetary levels for fiscal years 2011 drug testing program as part of their Tem- was ordered to lie on the table; as fol- porary Assistance for Needy Families through 2014; which was ordered to lie lows: (TANF) program; on the table; as follows: At the appropriate place, insert the fol- (2) Would provide treatment programs for On page 10, line 20, decrease the amount by lowing: those who test positive for illegal drug use or $900,000,000. (Sec.ll. POINT OF ORDER ON LEGISLATION are convicted of drug-related crime; On page 10, line 21, decrease the amount by THAT RESTRICTS THE CONSTITU- (3) Would withhold TANF assistance for $900,000,000. TIONAL RIGHTS OF AMERICANS TO two years to any recipient who, after ini- On page 12, line 21, decrease the amount by OWN A FIREARM. tially testing positive and having been of- $553,000,000. (a) POINT OF ORDER— fered treatment, again tests positive; and

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.250 S02APPT1 rfrederick on PROD1PC67 with SENATE S4390 CONGRESSIONAL RECORD — SENATE April 2, 2009 (4) Would not reduce or deny TANF assist- On page 27, line 8, decrease the amount by Con. Res. 13, setting forth the congres- ance allocated for dependents if the depend- $120,000. sional budget for the United States ent’s caretaker tests positive for drug use or On page 27, line 11, decrease the amount by Government for fiscal year 2010, revis- is convicted of drug-related crime; by the $348,200. ing the appropriate budgetary levels amounts provided in that legislation for that On page 27, line 12, decrease the amount by purpose, provided that such legislation $348,200. for fiscal year 2009, and setting forth would not increase deficit over either the On page 27, line 15, decrease the amount by the appropriate budgetary levels for total of the period of fiscal years 2009 $757,700. fiscal years 2011 through 2014; which through 2014 or the period of the total of fis- On page 27, line 16, decrease the amount by was ordered to lie on the table; as fol- cal years of 2009 through 2019. $757,700. lows: At the appropriate place in title II, insert SA 938. Mr. VITTER (for himself, Mr. SA 939. Mr. HATCH (for himself, Ms. the following: GRASSLEY, and Mr. FEINGOLD) sub- MIKULSKI, Mr. CARDIN, and Mr. KEN- SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR mitted an amendment intended to be NEDY) submitted an amendment in- COMPREHENSIVE MEDICAL LIABIL- proposed by him to the concurrent res- tended to be proposed by him to the ITY REFORM. olution S. Con. Res. 13, setting forth concurrent resolution S. Con. Res. 13, The Chairman of the Senate Committee on the congressional budget for the United setting forth the congressional budget the Budget may revise the allocations, aggregates, and other levels in this resolution States Government for fiscal year 2010, for the United States Government for for one or more bills, joint resolutions, revising the appropriate budgetary lev- fiscal year 2010, revising the appro- amendments, motions, or conference reports els for fiscal year 2009, and setting priate budgetary levels for fiscal year that— forth the appropriate budgetary levels 2009, and setting forth the appropriate (1) addresses the national crisis facing pa- for fiscal years 2011 through 2014; which budgetary levels for fiscal years 2011 tients losing access to quality health care was ordered to lie on the table; as fol- through 2014; as follows: due to skyrocketing insurance premiums driven by frivolous lawsuits; lows: On page 49, between lines 3 and 4, insert (2) encourages the national adoption of the following: On page 4, line 15, decrease the amount by proven standards to make the medical liabil- $2,022,800. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR ity system more fair, predictable, and time- On page 4, line 16, decrease the amount by THE 2012 COMPLETION OF FOOD AND DRUG ADMINISTRATION FA- ly; $4,120,000. (3) protects the ability of injured patients On page 4, line 17, decrease the amount by CILITIES. The Chairman of the Senate Committee on to get quick, unlimited compensation for $6,348,200. their economic losses while setting reason- On page 4, line 18, decrease the amount by the Budget may revise the allocations of a able limits for pain, suffering, and non-com- $9,757,700. committee or committees, aggregates, and pensatory damages; On page 4, line 24, decrease the amount by other appropriate levels and limits in this (4) promotes the reduction of frivolous law- $2,022,800 resolution for one or more bills, joint resolu- suits and allows doctors to practice medicine On page 4, line 25, decrease the amount by tions, amendments, motions, or conference in a manner that is patient-focused and not $4,120,000. reports in order to provide sufficient funding lawsuit-driven; and On page 5, line 1, decrease the amount by for the General Services Administration to (5) maintains state flexibility; $6,348,200. complete construction of the Food and Drug provided that such legislation would not in- On page 5, line 2, decrease the amount by Administration White Oak Campus in Silver crease the deficit over either the period of $9,757,700. Spring, Maryland by 2012, by the amounts the total of fiscal years 2009 through 2014 or On page 5, line 8, decrease the amount by provided in such legislation for those pur- the period of the total of fiscal years 2009 $2,022,800. poses, provided that such legislation would through 2019. On page 5, line 9, decrease the amount by not increase the deficit over either the pe- $4,120,000. riod of the total of fiscal years 2009 through SA 942. Mr. GREGG submitted an 2014 or the period of the total of fiscal years On page 5, line 10, decrease the amount by amendment intended to be proposed by $6,348,200. 2009 through 2019. On page 5, line 11, decrease the amount by him to the concurrent resolution S. $ 9,757,700. SA 940. Ms. SNOWE (for herself and Con. Res. 13, setting forth the congres- On page 5, line 18, decrease the amount by Ms. LANDRIEU) submitted an amend- sional budget for the United States $2,022,800. ment intended to be proposed by her to Government for fiscal year 2010, revis- On page 5, line 19, decrease the amount by the concurrent resolution S. Con. Res. ing the appropriate budgetary levels $6,142,800. 13, setting forth the congressional for fiscal year 2009, and setting forth On page 5, line 20, decrease the amount by the appropriate budgetary levels for $12,491,000. budget for the United States Govern- On page 5, line 21, decrease the amount by ment for fiscal year 2010, revising the fiscal years 2011 through 2014; which $22,248,700. appropriate budgetary levels for fiscal was ordered to lie on the table; as fol- On page 6, line 1, decrease the amount by year 2009, and setting forth the appro- lows: $2,022,800. priate budgetary levels for fiscal years At the appropriate place in title II, insert On page 6, line 2, decrease the amount by 2011 through 2014; as follows: the following: $6,142,800. At the appropriate place in title II, insert SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR On page 6, line 3, decrease the amount by HEALTHY MOTHERS AND HEALTHY the following: $12,491,000. BABIES. On page 6, line 4, decrease the amount by SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND The Chairman of the Senate Committee on $22,248,700. FOR ENERGY STAR FOR SMALL BUSI- the Budget may revise the allocations, ag- NESS PROGRAM. On page 26, line 3, decrease the amount by gregates, and other levels in this resolution $2,000,000. (a) IN GENERAL.—Subject to subsection (b), for one or more bills, joint resolutions, On page 26, line 4, decrease the amount by the Chairman of the Committee on the Budg- amendments, motions, or conference reports $2,000,000. et of the Senate may revise the allocations, that— On page 26, line 7, decrease the amount by aggregates, and other levels in this resolu- (1) addresses the national crisis facing $4,000,000. tion by the amounts provided by a bill, joint women and children who are losing access to On page 26, line 8, decrease the amount by resolution, amendment, motion, or con- quality pre-natal and maternal care due to $4,000,000. ference report that would set aside, from skyrocketing insurance premiums driven by On page 26, line 11, decrease the amount by amounts made available for the Energy Star frivolous lawsuits; $6,000,000. Program of the Environmental Protection (2) encourages the national adoption of On page 26, line 12, decrease the amount by Agency, at least 2 percent for the Energy proven standards to make the medical liabil- $6,000,000. Star for Small Business Program. ity system more fair, predictable, and time- On page 26, line 15, decrease the amount by (b) DEFICIT NEUTRALITY.—Subsection (a) ly; $9,000,000. applies only if the legislation described in (3) protects the ability of injured families On page 26, line 16, decrease the amount by that subsection would not increase the def- to get quick, unlimited compensation for $9,000,000. icit over the period of the total of fiscal their economic losses while setting reason- On page 27, line 3, decrease the amount by years 2009 through 2014 or the period of the able limits for pain, suffering, and non-com- $22,800. total of fiscal years 2009 through 2019. pensatory damages; On page 27, line 4, decrease the amount by (4) allows doctors to practice medicine in a $22,800. SA 941. Mr. GREGG submitted an manner that is family-focused and not law- On page 27, line 7, decrease the amount by amendment intended to be proposed by suit-driven; and $120,000. him to the concurrent resolution S. (5) maintains State flexibility;

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.255 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4391 provided that such legislation would not in- On page 19, line 24, increase the amount by At the appropriate place, insert the fol- crease the deficit over either the period of $200,000,000. lowing: the total of fiscal years 2009 through 2014 or On page 19, line 25, increase the amount by SEC. lll. EXPENDITURE OF REMAINING TARP the period of the total of fiscal years 2009 $130,000,000. FUNDS. through 2019. On page 20, line 4, increase the amount by The Chairman of the Senate Committee on $40,000,000. the Budget may revise the allocations of a SA 943. Mr. GREGG (for himself and On page 20, line 8, increase the amount by committee or committees, aggregates, and Mr. BARRASSO) submitted an amend- $20,000,000. other appropriate levels and limits in this ment intended to be proposed by him On page 20, line 12, increase the amount by resolution for one or more bills, joint resolu- $10,000,000. tions, amendments, motions, or conference to the concurrent resolution S. Con. On page 27, line 23, decrease the amount by reports that reaffirm that the remaining Res. 13, setting forth the congressional $200,000,000. Troubled Asset Relief Program funds shall be budget for the United States Govern- On page 27, line 24, decrease the amount by used to save homes, save small businesses, ment for fiscal year 2010, revising the $130,000,000. On page 28, line 3, decrease the amount by help the municipal bond market, make cred- appropriate budgetary levels for fiscal it more widely available, and provide addi- year 2009, and setting forth the appro- $40,000,000. On page 28, line 7, decrease the amount by tional resources for the Special Inspector priate budgetary levels for fiscal years $20,000,000. General for the Troubled Asset Relief Pro- 2011 through 2014; which was ordered to On page 28, line 11, decrease the amount by gram, the Congressional Oversight Panel, lie on the table; as follows: $10,000,000. and the Government Accountability Office On page 31, line 3, strike ‘‘or’’. for vigorous audit and evaluation of all ex- On page 31, line 7, strike the semicolon and SA 947. Ms. KLOBUCHAR (for herself penditures and commitments made under the insert the following: ‘‘; and and Mr. HARKIN) submitted an amend- Troubled Asset Relief Program, by the (9) address the unfunded liabilities of our ment intended to be proposed by her to amounts provided in that legislation for Federal health programs;’’. the concurrent resolution S. Con. Res. those purposes, provided that such legislation would not increase the deficit over ei- 13, setting forth the congressional ther the period of the total of fiscal years SA 944. Mr. GREGG (for himself, Mr. budget for the United States Govern- ALEXANDER, and Mr. BARRASSO) sub- 2009 through 2014 or the period of the total of ment for fiscal year 2010, revising the fiscal years 2009 through 2019. mitted an amendment intended to be appropriate budgetary levels for fiscal proposed by him to the concurrent res- year 2009, and setting forth the appro- SA 950. Mr. GRASSLEY submitted an olution S. Con. Res. 13, setting forth priate budgetary levels for fiscal years amendment intended to be proposed by the congressional budget for the United 2011 through 2014; which was ordered to him to the concurrent resolution S. States Government for fiscal year 2010, lie on the table; as follows: Con. Res. 13, setting forth the congres- revising the appropriate budgetary lev- At the appropriate place in title II, insert sional budget for the United States els for fiscal year 2009, and setting the following: Government for fiscal year 2010, revis- forth the appropriate budgetary levels SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND ing the appropriate budgetary levels for fiscal years 2011 through 2014; which TO EXPEDITE RESEARCH ON VIABIL- for fiscal year 2009, and setting forth was ordered to lie on the table; as fol- ITY OF USE OF HIGHER ETHANOL the appropriate budgetary levels for lows: BLENDS AT SERVICE STATION PUMP. (a) IN GENERAL.—Subject to subsection (b), fiscal years 2011 through 2014; as fol- On page 31, line 3, strike ‘‘or’’. the Chairman of the Committee on the Budg- lows: On page 31, line 7, strike the semicolon and et of the Senate may revise the allocations, insert the following: ‘‘; and On page 3, line 14, decrease the amount by aggregates, and other levels in this resolu- (9) limit excessive litigation and the prac- $8,608,000,000. tion by the amounts provided by a bill, joint tice of defensive medicine, in order to lower On page 3, line 15, decrease the amount by resolution, amendment, motion, or con- health care costs and to ensure patient ac- $105,822,000,000. ference report that would expedite research On page 4, line 8, increase the amount by cess to quality medical care;’’. at the Department of Energy and the Envi- $8,608,000,000. SA 945. Mr. GREGG submitted an ronmental Protection Agency on the viabil- On page 4, line 9, increase the amount by amendment intended to be proposed by ity of the use of higher ethanol blends at the $105,822,000,000. service station pump. On page 4, line 17, increase the amount by him to the concurrent resolution S. (b) DEFICIT NEUTRALITY.—Subsection (a) $179,046,000. Con. Res. 13, setting forth the congres- applies only if the legislation described in On page 4, line 18, increase the amount by sional budget for the United States subsection (a) would not increase the deficit $2,901,367,000. Government for fiscal year 2010, revis- over the period of the total of fiscal years On page 5, line 1, increase the amount by ing the appropriate budgetary levels 2009 through 2014 or the period of the total of $179,046,000. for fiscal year 2009, and setting forth fiscal years 2009 through 2019. On page 5, line 2, increase the amount by the appropriate budgetary levels for $2,901,367,000. SA 948. Ms. KLOBUCHAR (for herself On page 5, line 10, increase the amount by fiscal years 2011 through 2014; which and Mr. DORGAN) submitted an amend- $8,787,046,000. was ordered to lie on the table; as fol- ment intended to be proposed by her to On page 5, line 11, increase the amount by lows: the concurrent resolution S. Con. Res. $108,723,367,000. On page 29, beginning on line 24, strike 13, setting forth the congressional On page 5, line 20, increase the amount by $8,787,046,000. ‘‘and make adjustments to the pay-as-you-go budget for the United States Govern- ledger that are deficit neutral over 11 On page 5, line 21, increase the amount by years,’’. ment for fiscal year 2010, revising the $117,510,413,000. On page 31, strike lines 10 and 11 and insert appropriate budgetary levels for fiscal On page 6, line 3, increase the amount by ‘‘the deficit over either the period of the year 2009, and setting forth the appro- $8,787,046,000. total of fiscal years 2009 through 2014 or the priate budgetary levels for fiscal years On page 6, line 4, increase the amount by period of the total of fiscal years 2009 2011 through 2014; which was ordered to $117,510,413,000. through 2019.’’. lie on the table; as follows: On page 27, line 11, increase the amount by $179,046,000. On page 35, line 18, insert ‘‘flood mitiga- On page 27, line 12, increase the amount by SA 946. Mr. DORGAN (for himself, tion,’’ after ‘‘water,’’. Mr. JOHNSON, Mr. BINGAMAN, Mr. $179,046,000. On page 27, line 15, increase the amount by BEGICH, Mr. UDALL of New Mexico, Mr. Mr. REED submitted an SA 949. $2,901,367,000. TESTER, Ms. MURKOWSKI, Mr. REID, and amendment intended to be proposed by On page 27, line 16, increase the amount by Mr. WYDEN) submitted an amendment him to the concurrent resolution S. $2,901,367,000. intended to be proposed by him to the Con. Res. 13, setting forth the congres- concurrent resolution S. Con. Res. 13, sional budget for the United States SA 951. Mr. SCHUMER submitted an setting forth the congressional budget Government for fiscal year 2010, revis- amendment intended to be proposed by for the United States Government for ing the appropriate budgetary levels him to the concurrent resolution S. fiscal year 2010, revising the appro- for fiscal year 2009, and setting forth Con. Res. 13, setting forth the congres- priate budgetary levels for fiscal year the appropriate budgetary levels for sional budget for the United States 2009, and setting forth the appropriate fiscal years 2011 through 2014; which Government for fiscal year 2010, revis- budgetary levels for fiscal years 2011 was ordered to lie on the table; as fol- ing the appropriate budgetary levels through 2014; as follows: lows: for fiscal year 2009, and setting forth

VerDate Nov 24 2008 09:17 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.257 S02APPT1 rfrederick on PROD1PC67 with SENATE S4392 CONGRESSIONAL RECORD — SENATE April 2, 2009 the appropriate budgetary levels for At the end of Title II, insert the following: On page 10, line 7, decrease amount by fiscal years 2011 through 2014; which SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR $50,000,000. was ordered to lie on the table; as fol- 21st CENTURY COMMUNITY LEARN- On page 10, line 8, decrease amount by lows: ING CENTERS. $50,000,000. The Chairman of the Senate Committee on On page 11, line 25, decrease amount by At the appropriate place, insert the fol- the Budget may revise the allocations of a $1,095,000,000. lowing: committee or committees, aggregates, and On page 12, line 1, decrease amount by SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR other levels and limits in this resolution for $1,095,000,000. THE BORDER FENCE. one or more bills, joint resolutions, amend- On page 12, line 4, decrease amount by The Chairman of the Senate Committee on ments, motions, or conference reports that $750,000,000. the Budget may revise the allocations of a would increase funding for the 21st Century On page 12, line 5, decrease amount by committee or committees, aggregates, and Community Learning Centers program by up $750,000,000. other levels in this resolution for one or to $2.5 billion, by the amounts provided in On page 12, line 8, decrease amount by more bills, joint resolutions, amendments, such legislation for such purpose, provided $174,000,000. motions, or conference reports that would that such legislation would not increase the On page 12, line 9, decrease amount by study the current best practices from the deficit over either the period of the total of $174,000,000. sections of the border fence which have al- fiscal years 2009 through 2014 or the period of On page 12, line 12, decrease amount by ready been completed and shall offer re- the total of fiscal years 2009 through 2019. $63,000,000. quired best practices to complete fencing On page 12, line 13, decrease amount by along the international land border, as re- SA 954. Mr. BENNETT submitted an $63,000,000. quired by section 102(b)(1) of the Illegal Im- On page 13, line 25, decrease amount by migration Reform and Immigrant Responsi- amendment intended to be proposed by him to the concurrent resolution S. $13,760,000,000. bility Act of 1996 (Public Law 104–208; 8 On page 14, line 1, decrease amount by U.S.C. 1103 note), in the manner which is Con. Res. 13, setting forth the congres- $13,760,000,000. most secure, cost-effective, environmentally sional budget for the United States On page 14, line 4, decrease amount by sound, and best protects the rights of private Government for fiscal year 2010, revis- $11,759,000,000. property owners as determined by the Sec- ing the appropriate budgetary levels On page 14, line 5, decrease amount by retary of Homeland Security after all the ap- for fiscal year 2009, and setting forth $11,759,000,000. propriate consultations have been made, pro- On page 14, line 8, decrease amount by vided that such legislation would not in- the appropriate budgetary levels for fiscal years 2011 through 2014; as fol- $7,728,000,000. crease the deficit over either the period of On page 14, line 9, decrease amount by the total of fiscal years 2009 through 2014 or lows: $7,728,000,000. the period of the total of fiscal years 2009 On page 4, line 15, decrease amount by On page 14, line 12, decrease amount by through 2019. $76,325,000,000 $5,419,000,000. On page 4, line 16, decrease amount by Mrs. BOXER submitted an On page 14, line 13, decrease amount by SA 952. $38,065,000,000 $5,419,000,000. amendment intended to be proposed by On page 4, line 17, decrease amount by On page 14, line 25, decrease amount by her to the concurrent resolution S. $22,872,000,000 $5,685,000,000. Con. Res. 13, setting forth the congres- On page 4, line 18, decrease amount by On page 14, line 1, decrease amount by sional budget for the United States $12,787,000,000 $5,685,000,000. Government for fiscal year 2010, revis- On page 4, line 24, decrease amount by On page 14, line 4, decrease amount by ing the appropriate budgetary levels $76,325,000,000 $4,111,000,000. for fiscal year 2009, and setting forth On page 4, line 25, decrease amount by On page 14, line 4, decrease amount by $38,065,000,000 the appropriate budgetary levels for $4,111,000,000. On page 5, line 1, decrease amount by On page 15, line 8, decrease amount by fiscal years 2011 through 2014; which $22,872,000,000 $2,286,000,000. was ordered to lie on the table; as fol- On page 5, line 2, decrease amount by On page 15, line 9, decrease amount by lows: $12,787,000,000 $2,286,000,000. On page 68, after line 4, insert the fol- On page 5, line 8, decrease amount by On page 15, line 12, decrease amount by lowing: $76,325,000,000 $468,000,000. SEC. ll. LIMITATION ON SOCIAL SECURITY LEG- On page 5, line 9, decrease amount by On page 15, line 13, decrease amount by ISLATION. $38,065,000,000 $468,000,000. (a) POINT OF ORDER.—After a concurrent On page 5, line 10, decrease amount by On page 15, line 25, decrease amount by resolution on the budget in the Senate is $22,872,000,000 $5,584,000,000. agreed to, it shall not be in order in the Sen- On page 5, line 11, decrease amount by On page 16, line 1, decrease amount by ate to consider any bill, resolution, amend- $12,787,000,000. $5,584,000,000. ment between Houses, motion, or conference On page 5, line 18, decrease amount by On page 16, line 4, decrease amount by report that would divert Social Security rev- $76,325,000,000. $4,284,000,000. enues from the Social Security Trust Fund On page 5, line 19, decrease amount by On page 16, line 5, decrease amount by to any investments in private securities or $38,065,000,000. $4,284,000,000. into private accounts that bear a risk of loss On page 5, line 20, decrease amount by On page 16, line 8, decrease amount by for Social Security recipients. $22,872,000,000. $3,047,000,000. (b) FORM OF POINT OF ORDER.—A point of On page 5, line 21, decrease amount by On page 16, line 9, decrease amount by order under subsection (a) may be raised by $12,787,000,000. $3,047,000,000. a Senator as provided in section 313(e) of the On page 9, line 24, decrease amount by On page 16, line 12, decrease amount by Congressional Budget Act of 1974. $960,000,000. $531,000,000. (c) WAIVER.—This section may be waived On page 9, line 25, decrease amount by On page 16, line 13, decrease amount by or suspended only by the affirmative vote of $960,000,000. $531,000,000. three-fifths of the Members, duly chosen and On page 10, line 3, decrease amount by On page 16, line 25, decrease amount by sworn. $634,000,000. $8,785,000,000. (d) APPEALS.—An affirmative vote of three- On page 10, line 4, decrease amount by On page 17, line 1, decrease amount by fifths of the Members, duly chosen and $634,000,000. $8,785,000,000. sworn, shall be required to sustain an appeal On page 10, line 7, decrease amount by On page 17, line 4, decrease amount by of the ruling of the Chair on a point of order $277,000,000. $7,035,000,000. raised under this section. On page 10, line 8, decrease amount by On page 17, line 5, decrease amount by $277,000,000. $7,035,000,000. SA 953. Mrs. BOXER (for herself and On page 10, line 11, decrease amount by On page 17, line 8, decrease amount by Mr. ENSIGN) submitted an amendment $104,000,000. $6,052,000,000. intended to be proposed by her to the On page 10, line 12, decrease amount by On page 17, line 9, decrease amount by concurrent resolution S. Con. Res. 13, $104,000,000. $6,052,000,000. setting forth the congressional budget On page 10, line 24, decrease amount by On page 17, line 12, decrease amount by for the United States Government for $162,000,000. $5,422,000,000. fiscal year 2010, revising the appro- On page 10, line 25, decrease amount by On page 17, line 13, decrease amount by $162,000,000. $5,422,000,000. priate budgetary levels for fiscal year On page 10, line 3, decrease amount by On page 19, line 3, decrease amount by 2009, and setting forth the appropriate $114,000,000. $29,963,000,000. budgetary levels for fiscal years 2011 On page 10, line 4, decrease amount by On page 19, line 4, decrease amount by through 2014; as follows: $114,000,000. $29,963,000,000.

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00162 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.263 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4393 On page 19, line 7, decrease amount by SA 955. Mr. DODD (for himself and SA 957. Mr. LAUTENBERG (for him- $4,011,000,000. Mr. HATCH) submitted an amendment self and Mrs. GILLIBRAND) submitted an On page 19, line 8, decrease amount by intended to be proposed by him to the amendment intended to be proposed by $4,011,000,000. On page 19, line 10, decrease amount by concurrent resolution S. Con. Res. 13, him to the concurrent resolution S. $262,000,000. setting forth the congressional budget Con. Res. 13, setting forth the congres- On page 19, line 11, decrease amount by for the United States Government for sional budget for the United States $262,000,000. fiscal year 2010, revising the appro- Government for fiscal year 2010, revis- On page 20, line 3, decrease amount by priate budgetary levels for fiscal year ing the appropriate budgetary levels $6,421,000,000. 2009, and setting forth the appropriate for fiscal year 2009, and setting forth On page 20, line 4, decrease amount by budgetary levels for fiscal years 2011 the appropriate budgetary levels for $6,421,000,000. through 2014; as follows: fiscal years 2011 through 2014; as fol- On page 20, line 7, decrease amount by $3,157,000,000. On page 19, line 24, increase the amount by lows: On page 20, line 8, decrease amount by $188,000,000. On page 35, line 18, insert ‘‘transportation, $3,157,000,000. On page 19, line 25, increase the amount by including freight and passenger rail,’’ after On page 20, line 11, decrease amount by $56,000,000. ‘‘energy, water,’’. $842,000,000. On page 20, line 4, increase the amount by On page 20, line 12, decrease amount by $81,000,000. SA 958. Mr. CRAPO (for himself and $842,000,000. On page 20, line 8, increase the amount by Mr. CORKER) submitted an amendment On page 20, line 15, decrease amount by $34,000,000. intended to be proposed by him to the $183,000,000. On page 20, line 12, increase the amount by concurrent resolution S. Con. Res. 13, $13,000,000. On page 20, line 16, decrease amount by setting forth the congressional budget $183,000,000. On page 27, line 23, decrease the amount by On page 23, line 3, decrease amount by $188,000,000. for the United States Government for $133,000,080 On page 27, line 24, decrease the amount by fiscal year 2010, revising the appro- On page 23, line 4, decrease amount by $56,000,000. priate budgetary levels for fiscal year $133,000,000. On page 28, line 3, decrease the amount by 2009, and setting forth the appropriate On page 23, line 7, decrease amount by $81,000,000. budgetary levels for fiscal years 2011 $150,000,000. On page 28, line 7, decrease the amount by through 2014; as follows: On page 23, line 8, decrease amount by $34,000,000. At the appropriate place, insert the fol- $150,000,000. On page 28, line 11, decrease the amount by lowing: On page 23, line 11, decrease amount by $13,000,000. $150,000,000. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND IN- CREASE FDIC AND NCUA BOR- On page 23, line 12, decrease amount by SA 956. Mr. LAUTENBERG sub- ROWING AUTHORITY. $150,000,000. mitted an amendment intended to be The chairman of the Committee on the On page 24, line 3, decrease amount by proposed by him to the concurrent res- Budget of the Senate may revise the aggre- $297,000,000. olution S. Con. Res. 13, setting forth gates, allocations, and other appropriate lev- On page 24, line 4, decrease amount by els in this resolution for one or more bills, $297,000,000. the congressional budget for the United joint resolutions, amendments, motions, or On page 24, line 7, decrease amount by States Government for fiscal year 2010, conference reports to increase the borrowing $133,000,000. revising the appropriate budgetary lev- authority of the Federal Deposit Insurance On page 24, line 8, decrease amount by els for fiscal year 2009, and setting Corporation and the National Credit Union $133,000,000. forth the appropriate budgetary levels Administration, provided that such legisla- On page 25, line 3, decrease amount by for fiscal years 2011 through 2014; which tion does not increase the deficit over the pe- $848,000,000. was ordered to lie on the table; as fol- riod of the total of fiscal years 2009 through On page 25, line 4, decrease amount by lows: 2019. $848,000,000. On page 16, line 21, increase the amount by On page 25, line 7, decrease amount by SA 959. Mr. GRAHAM submitted an $649,000,000. $640,000,000. On page 25, line 8, decrease amount by On page 16, line 22, increase the amount by amendment intended to be proposed by $649,000,000. $640,000,000. him to the concurrent resolution S. On page 25, line 11, decrease amount by On page 16, line 25, increase the amount by Con. Res. 13, setting forth the congres- $750,000,000. $835,000,000. sional budget for the United States On page 25, line 12, decrease amount by On page 17, line 1, increase the amount by Government for fiscal year 2010, revis- $750,000,000. $835,000,000. ing the appropriate budgetary levels On page 26, line 3, decrease amount by On page 17, line 4, increase the amount by $1,219,000,000. for fiscal year 2009, and setting forth $1,400,000,000. the appropriate budgetary levels for On page 26, line 4, decrease amount by On page 17, line 5, increase the amount by $1,400,000,000. $1,219,000,000. fiscal years 2011 through 2014; which On page 26, line 7, decrease amount by On page 17, line 8, increase the amount by was ordered to lie on the table; as fol- $1,196,000,000. $1,367,000,000. lows: On page 26, line 8, decrease amount by On page 17, line 9, increase the amount by On page 68, after line 4, insert the fol- $1,196,000,000. $1,367,000,000. lowing: On page 26, line 11, decrease amount by On page 17, line 12, increase the amount by SEC. ll. SENATE POINT OF ORDER AGAINST A $1,024,000,000. $1,550,000,000. BUDGET RESOLUTION CONTAINING On page 26, line 12, decrease amount by On page 17, line 13, increase the amount by DEBT LEVELS EXCEEDING $90,000 $1,024,000,000. $1,550,000,000. PER HOUSEHOLD. On page 26, line 15, decrease amount by On page 27, line 23, decrease the amount by (a) IN GENERAL.—It shall not be in order in $504,000,000. $640,000,000. the Senate to consider a concurrent resolu- On page 26, line 16, decrease amount by On page 27, line 24, decrease the amount by tion on the budget for the budget year or any $504,000,000. $640,000,000. amendment, amendment between Houses, On page 27, line 3, decrease amount by On page 28, line 2, decrease the amount by motion, or conference report thereon that $857,000,000. $835,000,000. contains levels of debt held by the public On page 27, line 4, decrease amount by On page 28, line 3, decrease the amount by that exceed $90,000 per household in any year $857,000,000. $35,000,000. covered by the budget resolution. On page 27, line 7, decrease amount by On page 28, line 6, decrease the amount by (b) SUPERMAJORITY WAIVER AND APPEAL IN $457,000,000. $1,219,000,000. THE SENATE.— On page 27, line 8, decrease amount by On page 28, line 7, decrease the amount by (1) WAIVER.—This section may be waived or $457,000,000. $1,219,000,000. suspended in the Senate only by an affirma- On page 27, line 11, decrease amount by On page 28, line 10, decrease the amount by tive vote of three-fifths of the Members, duly $230,000,000. $1,367,000,000. chosen and sworn. On page 27, line 12, decrease amount by On page 28, line 11, decrease the amount by (2) APPEAL.—An affirmative vote of three- $230,000,000. $1,367,000,000. fifths of the Members of the Senate, duly On page 27, line 15, decrease amount by On page 28, line 14, decrease the amount by chosen and sworn, shall be required in the $93,000,000. $1,550,000,000. Senate to sustain an appeal of the ruling of On page 27, line 16, decrease amount by On page 28, line 15, decrease the amount by the Chair on a point of order raised under $93,000,000. $1,550,000,000. this section.

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(c) DETERMINATION OF DEBT LEVELS.—For 1 hour, to be equally divided between, and (5) allows a product to comply with the purposes of this section, the debt level per controlled by, the appellant and the manager lead ban in such section if every component household shall be determined by the Chair- of the bill or joint resolution. An affirmative of the product complies with the ban; or man of the Senate Committee on the Budget vote of three-fifths of the Members of the (6) does not require products manufactured on the basis of estimates provided by the Senate, duly chosen and sworn, shall be re- before the effective date of the ban under Congressional Budget Office. quired to sustain an appeal of the ruling of such section to be removed from store the Chair on a point of order raised under shelves. SA 960. Mr. BARRASSO (for himself subsection (a). (b) LIMITATION.—The authority described and Mr. CRAPO) submitted an amend- in subsection (a) may not be used unless the ment intended to be proposed by him SA 963. Mr. DEMINT submitted an appropriations in the legislation described in to the concurrent resolution S. Con. amendment intended to be proposed by paragraphs (1) through (6) of subsection (a) Res. 13, setting forth the congressional him to the concurrent resolution S. would not increase the deficit over— Con. Res. 13, setting forth the congres- (1) the 6-year period beginning with the budget for the United States Govern- first day of fiscal year 2009; or ment for fiscal year 2010, revising the sional budget for the United States Government for fiscal year 2010, revis- (2) the 11-year period beginning with the appropriate budgetary levels for fiscal first day of fiscal year 2009. year 2009, and setting forth the appro- ing the appropriate budgetary levels priate budgetary levels for fiscal years for fiscal year 2009, and setting forth SA 965. Mr. DEMINT submitted an 2011 through 2014; as follows: the appropriate budgetary levels for amendment intended to be proposed by On page 13, line 21, increase the amount by fiscal years 2011 through 2014; as fol- him to the concurrent resolution S. $50,000,000. lows: Con. Res. 13, setting forth the congres- On page 13, line 22, increase the amount by At the appropriate place, insert the fol- sional budget for the United States $50,000,000. lowing: Government for fiscal year 2010, revis- On page 27, line 23, decrease the amount by SEC. ll. POINT OF ORDER ON LEGISLATION ing the appropriate budgetary levels $50,000,000. THAT ELIMINATES THE ABILITY OF On page 27, line 24, decrease the amount by AMERICANS TO KEEP THEIR for fiscal year 2009, and setting forth $50,000,000. HEALTH PLAN OR THEIR CHOICE OF the appropriate budgetary levels for DOCTOR. fiscal years 2011 through 2014; as fol- SA 961. Ms. MURKOWSKI submitted (a) IN GENERAL.—In the Senate, it shall not lows: be in order, to consider any bill, joint resolu- an amendment intended to be proposed On page 4, line 13, decrease the amount by by her to the concurrent resolution S. tion, amendment, motion, or conference report that eliminates the ability of Ameri- $10,829,000,000. On page 4, line 14, decrease the amount by Con. Res. 13, setting forth the congres- cans to keep their health plan or their choice $131,000,000. sional budget for the United States of doctor (as determined by the Congres- On page 4, line 15, decrease the amount by Government for fiscal year 2010, revis- sional Budget Office). $195,000,000. ing the appropriate budgetary levels (b) WAIVER.—This section may be waived On page 4, line 16, decrease the amount by for fiscal year 2009, and setting forth or suspended only by an affirmative vote of three-fifths of the Members, dully chosen $279,000,000. the appropriate budgetary levels for On page 4, line 17, decrease the amount by fiscal years 2011 through 2014; which and sworn. (c) APPEALS.—An affirmative vote of three- $379,000,000. was ordered to lie on the table; as fol- fifths of the Members of the Senate, duly On page 4, line 18, decrease the amount by lows: chosen and sworn, shall be required to sus- $485,000,000. On page 27, line 23, increase the amount by tain an appeal of the ruling of the Chair on On page 4, line 22, decrease the amount by $132,000,000. a point of order raised under this section. $10,829,000,000. On page 27, line 24, increase the amount by On page 4, line 23, decrease the amount by $132,000,000. SA 964. Mr. DEMINT (for himself, Mr. $131,000,000. On page 4, line 24, decrease the amount by BENNETT, Mr. ENZI, Mr. BROWNBACK, $195,000,000. SA 962. Mr. HATCH submitted an Mr. COBURN, and Mr. VITTER) sub- amendment intended to be proposed by On page 4, line 25, decrease the amount by mitted an amendment intended to be $279,000,000. him to the concurrent resolution S. proposed by him to the concurrent res- On page 5, line 1, decrease the amount by Con. Res. 13, setting forth the congres- olution S. Con. Res. 13, setting forth $379,000,000. sional budget for the United States the congressional budget for the United On page 5, line 2, decrease the amount by Government for fiscal year 2010, revis- States Government for fiscal year 2010, $485,000,000. ing the appropriate budgetary levels revising the appropriate budgetary lev- On page 5, line 6, decrease the amount by for fiscal year 2009, and setting forth els for fiscal year 2009, and setting $10,829,000,000. On page 5, line 7, decrease the amount by the appropriate budgetary levels for forth the appropriate budgetary levels fiscal years 2011 through 2014; as fol- $131,000,000. for fiscal years 2011 through 2014; as On page 5, line 8, decrease the amount by lows: follows: $195,000,000. At the appropriate place, insert the fol- At the appropriate place, insert the fol- On page 5, line 9, decrease the amount by lowing: lowing: $279,000,000. SEC. lll. POINT OF ORDER. SEC. lll. DEFICIT-NEUTRAL RESERVE FUND On page 5, line 10, decrease the amount by (a) IN GENERAL.—After a concurrent reso- FOR IMPROVEMENTS TO BAN ON $379,000,000. lution on the budget is agreed to, it shall not LEAD IN CHILDREN’S PRODUCTS. On page 5, line 11, decrease the amount by be in order in the Senate to consider any (a) IN GENERAL.—The Chairman of the $485,000,000. bill, resolution, amendment between Houses, Committee on the Budget of the Senate may On page 5, line 16, decrease the amount by motion, or conference report that— revise the allocations of 1 or more commit- $10,829,000,000. (1) weakens any authorized anti-terrorism tees, aggregates, and other appropriate lev- On page 5, line 17, decrease the amount by tool or investigative method provided by the els in this resolution by the amounts author- $10,960,000,000. USA Patriot Act of 2001 (PL 107–56), the In- ized to be appropriated for the programs de- On page 5, line 18, decrease the amount by telligence Reform and Terrorism Prevention scribed in paragraphs (1) through (6) in 1 or $11,155,000,000. Act of 2004 (PL 108–458), the USA Patriot Im- more bills, joint resolutions, amendments, On page 5, line 19, decrease the amount by provement and Reauthorization Act of 2005 motions, or conference reports that fund $11,434,000,000. (PL 109–177), or the FISA Amendments Act of consumer product safety, including any pro- On page 5, line 20, decrease the amount by 2008 (PL 110–261); or gram that— $11,813,000,000. (2) eliminates any authorized anti-ter- (1) delays the lead ban in section 101 of the On page 5, line 21, decrease the amount by rorism tool or investigative method provided Consumer Product Safety Improvement Act $12,298,000,000. by any of the statutes referred to in para- of 2008 (15 U.S.C. 1278a) by 6 months; On page 5, line 24, decrease the amount by graph (1). (2) exempts thrift stores, consignment $10,829,000,000. (b) SUPERMAJORITY WAIVER AND APPEALS.— shops, and other second hand sellers from On page 5, line 25, decrease the amount by (1) WAIVER.—Subsection (a) may be waived the provisions of such section; $10,960,000,000. or suspended in the Senate only by the af- (3) exempts children’s motorcycles and all On page 6, line 1, decrease the amount by firmative vote of three-fifths of the Mem- terrain vehicles from treatment as banned $11,155,000,000. bers, duly chosen and sworn. hazardous substances under such section; On page 6, line 2, decrease the amount by (2) APPEALS.—Appeals in the Senate from (4) exempts books from treatment as $11,434,000,000. the decisions of the Chair relating to any banned hazardous substances under such sec- On page 6, line 3, decrease the amount by provision of subsection (a) shall be limited to tion; $11,813,000,000.

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00164 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.270 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4395 On page 6, line 4, decrease the amount by at least 72 hours before consideration of the SEC. ll. POINT OF ORDER AGAINST FAILURE TO $12,298,000,000. legislation. FULLY FUND SOUTHWEST BORDER On page 15, line 17, decrease the amount by (b) TRADING EARMARKS.—A Senator may FENCE. $10,800,000,000. not trade a congressional earmark for any (a) POINT OF ORDER.—After a concurrent On page 15, line 18, decrease the amount by political favor, including a campaign con- resolution on the budget in the Senate is $10,800,000,000. tribution. agreed to, it shall not be in order in the Sen- ate to consider any appropriations bill that On page 26, line 20, decrease the amount by (c) SUPERMAJORITY WAIVER AND APPEALS.— fails to provide at least $2,600,000,000 to carry $29,000,000. (1) WAIVER.—Subsection (a) may be waived out section 102(b)(1) of the Illegal Immigra- On page 26, line 21, decrease the amount by or suspended in the Senate only by the af- tion Reform and Immigrant Responsibility $29,000,000. firmative vote of three-fifths of the Mem- On page 26, line 24, decrease the amount by Act of 1996 (8 U.S.C. 1103 note). bers, duly chosen and sworn. (b) FORM OF POINT OF ORDER.—A point of $131,000,000. (2) APPEALS.—Appeals in the Senate from On page 26, line 25, decrease the amount by order under subsection (a) may be raised by the decisions of the Chair relating to any a Senator as provided in section 313(e) of the $131,000,000. provision of subsection (a) shall be limited to Congressional Budget Act of 1974. On page 27, line 3, decrease the amount by 1 hour, to be equally divided between, and (c) WAIVER.—This section may be waived $195,000,000. controlled by, the appellant and the manager or suspended only by the affirmative vote of On page 27, line 4, decrease the amount by of the bill or joint resolution. An affirmative three-fifths of the Members, duly chosen and $195,000,000. vote of three-fifths of the Members of the sworn. On page 27, line 7, decrease the amount by Senate, duly chosen and sworn, shall be re- (d) APPEALS.—An affirmative vote of three- $279,000,000. quired to sustain an appeal of the ruling of fifths of the Members, duly chosen and On page 27, line 8, decrease the amount by the Chair on a point of order raised under sworn, shall be required to sustain an appeal $279,000,000. subsection (a). of the ruling of the Chair on a point of order On page 27, line 11, decrease the amount by (d) DEFINITION.—In this section, the term raised under this section. $379,000,000. ‘‘congressional earmark’’ means a provision (e) SUNSET PROVISION.—This section shall On page 27, line 12, decrease the amount by or report language included primarily at the cease to be effective on the earlier of— $379,000,000. request of a Member, Delegate, Resident (1) the date on which $2,600,000,000 is appro- On page 27, line 15, decrease the amount by Commissioner, or Senator providing, author- priated to carry out section 102(b)(1) of the $485,000,000. izing or recommending a specific amount of Illegal Immigration Reform and Immigrant On page 27, line 16, decrease the amount by discretionary budget authority, credit au- Responsibility Act of 1996; or $485,000,000. thority, or other spending authority for a (2) the date that is 2 years after the date of enactment of this Act. SA 966. Mr. LIEBERMAN (for him- contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an self, Mr. SESSIONS, Mr. BEGICH, Mr. entity, or targeted to a specific State, local- SA 970. Mr. HATCH (for himself and KYL, Ms. MURKOWSKI, Mr. INHOFE, Mr. ity or Congressional district, other than Mr. KENNEDY) submitted an amend- JOHANNS, and Mr. NELSON of Nebraska) through a statutory or administrative for- ment intended to be proposed by him submitted an amendment intended to mula-driven or competitive award process. to the concurrent resolution S. Con. be proposed by him to the concurrent Res. 13, setting forth the congressional resolution S. Con. Res. 13, setting forth SA 968. Mr. VITTER submitted an budget for the United States Govern- the congressional budget for the United amendment intended to be proposed by ment for fiscal year 2010, revising the States Government for fiscal year 2010, him to the concurrent resolution S. appropriate budgetary levels for fiscal revising the appropriate budgetary lev- Con. Res. 13, setting forth the congres- year 2009, and setting forth the appro- els for fiscal year 2009, and setting sional budget for the United States priate budgetary levels for fiscal years forth the appropriate budgetary levels Government for fiscal year 2010, revis- 2011 through 2014; as follows: for fiscal years 2011 through 2014; which ing the appropriate budgetary levels On page 49, between lines 3 and 4, insert was ordered to lie on the table; as fol- for fiscal year 2009, and setting forth the following: lows: the appropriate budgetary levels for SEC. l. DEFICIT-NEUTRAL RESERVE FUND FOR THE NATIONAL HEALTH SERVICE On page 9, line 20, increase the amount by fiscal years 2011 through 2014; which CORPS. $9,446,939,000. was ordered to lie on the table; as fol- The Chairman of the Senate Committee on On page 9, line 21, increase the amount by lows: the Budget may revise the allocations of a $9,446,939,000. At the appropriate place, insert the fol- committee or committees, aggregates, and On page 27, line 23, decrease the amount by lowing: other appropriate levels and limits in this $9,446,939,000. resolution for one or more bills, joint resolu- On page 27, line 24, decrease the amount by SEC.ll. POINT OF ORDER ON LEGISLATION THAT VIOLATES THE SECOND tions, amendments, motions or conference $9,446,939,000. AMENDMENT RIGHTS OF LAW-ABID- reports that provide the National Health ING AMERICANS. Service Corps with $235,000,000 for fiscal year SA 967. Mr. DEMINT submitted an (a) POINT OF ORDER— 2010, by the amount provided in that legisla- amendment intended to be proposed by (1) IN GENERAL—In the Senate, it shall not tion for those purposes, provided that such him to the concurrent resolution S. be in order, to consider any bill, joint resolu- legislation would not increase the deficit Con. Res. 13, setting forth the congres- tion, amendment, motion, or conference re- over either the period of the total for fiscal port that violates the Second Amendment years 2009 through 2014 or the period of the sional budget for the United States total for fiscal years 2009 through 2019. Government for fiscal year 2010, revis- rights of law-abiding Americans. (2) WAIVER—This section may be waived or ing the appropriate budgetary levels suspended only by an affirmative vote of SA 971. Mrs. GILLIBRAND submitted for fiscal year 2009, and setting forth three-fifths of the Members, dully chosen an amendment intended to be proposed the appropriate budgetary levels for and sworn. by her to the concurrent resolution S. fiscal years 2011 through 2014; as fol- (3) APPEALS—An affirmative vote of three- Con. Res. 13, setting forth the congres- lows: fifths of the Members of the Senate, duly sional budget for the United States At the appropriate place, insert the fol- chosen and sworn, shall be required to sus- Government for fiscal year 2010, revis- lowing: tain an appeal of the ruling of the Chair on ing the appropriate budgetary levels a point of order raised under this section. SEC. lll. EARMARK POINT OF ORDER. for fiscal year 2009, and setting forth (a) IN GENERAL.—It shall not be in order in the appropriate budgetary levels for SA 969. Mr. SESSIONS submitted an the Senate to consider a bill, resolution, fiscal years 2011 through 2014; which amendment intended to be proposed by amendment, or conference report that in- was ordered to lie on the table; as fol- cludes— him to the concurrent resolution S. lows: Con. Res. 13, setting forth the congres- (1) a congressional earmark to a private for On page 15, line 21, increase the amount by profit entity that is not subject to the same sional budget for the United States $25,000,000. competitive bidding requirements as other Government for fiscal year 2010, revis- On page 15, line 22, increase the amount by Federal contracts; ing the appropriate budgetary levels $25,000,000. (2) a congressional earmark which has not for fiscal year 2009, and setting forth On page 27, line 23, decrease the amount by been the subject of a public hearing in the the appropriate budgetary levels for $25,000,000. committee of jurisdiction where the member On page 27, line 24, decrease the amount by requesting the earmark has testified on its fiscal years 2011 through 2014; as fol- $25,000,000. behalf; or lows: (3) a congressional earmark which has not On page 68, between lines 4 and 5, insert SA 972. Ms. MURKOWSKI (for her- been posted on the Member sponsor’s website the following: self, Mr. UDALL of New Mexico, Mr.

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00165 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.272 S02APPT1 rfrederick on PROD1PC67 with SENATE S4396 CONGRESSIONAL RECORD — SENATE April 2, 2009 DORGAN, Mr. JOHNSON, and Mr. BEGICH) at less than 45 percent unless an amount is On page 27, line 23, decrease the amount by submitted an amendment intended to or has been provided to Americans earning $213,000,000. be proposed by her to the concurrent less than $100,000 per year which— On page 27, line 24, decrease the amount by resolution S. Con. Res. 13, setting forth (1) is equal to the aggregate amount of $21,000,000. such additional estate tax relief, and On page 28, line 3, decrease the amount by the congressional budget for the United (2) is in addition to the aggregate amount $79,000,000. States Government for fiscal year 2010, of tax relief assumed under this resolution On page 28, line 7, decrease the amount by revising the appropriate budgetary lev- for such Americans. $66,000,000. els for fiscal year 2009, and setting On page 28, line 11, derease the amount by forth the appropriate budgetary levels SA 975. Mr. MENENDEZ submitted $47,000,000. for fiscal years 2011 through 2014; which an amendment intended to be proposed Mr. HATCH (for himself, Mr. was ordered to lie on the table; as fol- by him to the concurrent resolution S. SA 978. BAUCUS, and Mr. ENZI) submitted an lows: Con. Res. 13, setting forth the congres- amendment intended to be proposed by On page 19, line 24, increase the amount by sional budget for the United States $184,000,000. Government for fiscal year 2010, revis- him to the concurrent resolution S. On page 19, line 25, increase the amount by ing the appropriate budgetary levels Con. Res. 13, setting forth the congres- $184,000,000. for fiscal year 2009, and setting forth sional budget for the United States On page 27, line 23, decrease the amount by the appropriate budgetary levels for Government for fiscal year 2010, revis- $184,000,000. fiscal years 2011 through 2014; which ing the appropriate budgetary levels On page 27, line 24, decrease the amount by for fiscal year 2009, and setting forth $184,000,000. was ordered to lie on the table; as follows: the appropriate budgetary levels for SA 973. Mr. ENZI submitted an On page 18, line 24, increase the amount by fiscal years 2011 through 2014; which amendment intended to be proposed by $1,000,000. was ordered to lie on the table; as fol- him to the concurrent resolution S. On page 18, line 25, increase the amount by lows: Con. Res. 13, setting forth the congres- $1,000,000. On page 31, strike line 7 and insert the fol- sional budget for the United States On page 27, line 23, decrease the amount by lowing: ‘‘sources of revenue; and Government for fiscal year 2010, revis- $1,000,000. (9) does so through regular order, pro- On page 27, line 24, decrease the amount by tecting the rights of the minority;’’. ing the appropriate budgetary levels $1,000,000. for fiscal year 2009, and setting forth SA 979. Mr. PRYOR submitted an the appropriate budgetary levels for SA 976. Mr. HATCH (for himself and amendment intended to be proposed by fiscal years 2011 through 2014; which Mr. WYDEN) submitted an amendment him to the concurrent resolution S. was ordered to lie on the table; as fol- intended to be proposed by him to the Con. Res. 13, setting forth the congres- lows: concurrent resolution S. Con. Res. 13, sional budget for the United States At the appropriate place, insert the fol- setting forth the congressional budget Government for fiscal year 2010, revis- lowing: for the United States Government for ing the appropriate budgetary levels SEC. ll. SENSE OF THE SENATE ON JOB CORPS. fiscal year 2010, revising the appro- for fiscal year 2009, and setting forth It is the sense of the Senate— priate budgetary levels for fiscal year (1) that, through 122 Job Corps centers op- the appropriate budgetary levels for 2009, and setting forth the appropriate fiscal years 2011 through 2014; which erating in 48 States, as well as in the Dis- budgetary levels for fiscal years 2011 trict of Columbia and the Commonwealth of was ordered to lie on the table; as fol- Puerto Rico, the Job Corps program estab- through 2014; as follows: lows: lished under subtitle C of title I of the Work- On page 32, line 10, after ‘‘increases;’’ in- At the appropriate place insert the fol- force Investment Act of 1998 (29 U.S.C. 2881 et sert ‘‘or’’ and the following: lowing: (4) protect Medicare Advantage enrollees seq.) helps thousands of youth each year pre- SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO pare for meaningful careers and employ- from premium increases and benefit reduc- CORRECT THE FAILURE OF THE ment; tions in their Medicare Advantage plans that CONSUMER PRODUCT SAFETY COM- (2) that at a time of economic uncertainty, would result from the estimate of the na- MISSION TO PROPERLY IMPLEMENT the United States should work to train and tional per capita Medicare Advantage growth THE CONSUMER PRODUCT SAFETY educate all of the Nation’s workers; and percentage contained in the Centers for IMPROVEMENT ACT OF 2008. (3) that the functional totals in this resolu- Medicare & Medicaid Services’ Advance No- The Chairman of the Senate Committee on tion assume that, in order to be more acces- tice of Methodological Changes for Calender the Budget may revise the allocations of a sible to all of the Nation’s youth, the Job Year 2010, as proposed on February 20, 2009, committee or committees, aggregates, and Corps program should receive substantial that is made using the Medicare payment other appropriate levels and limits in this support and each State should have at least rates for physicians’ services assumed in resolution for one or more bills, joint resolu- 1 Job Corps center. such Advance Notice rather than the Medi- tions, amendments, motions, or conference care payment rates for physicians’ services reports that correct the failure of the Con- SA 974. Mr. DURBIN submitted an assumed in the President’s budget proposal sumer Product Safety Commission to exer- amendment intended to be proposed by for fiscal year 2010 (which accounts for addi- cise its authority and enforcement discretion him to the concurrent resolution S. tional expected Medicare payments for such in a manner that the Congress intended in Con. Res. 13, setting forth the congres- services). order to— (1) assure enforcement of the mandates of sional budget for the United States SA 977. Mr. LAUTENBERG sub- the Consumer Product Safety Improvement Government for fiscal year 2010, revis- mitted an amendment intended to be Act of 2008 in a comprehensive manner while ing the appropriate budgetary levels proposed by him to the concurrent res- providing appropriate and common sense re- for fiscal year 2009, and setting forth olution S. Con. Res. 13, setting forth lief to businesses and institutions and aiding the appropriate budgetary levels for the congressional budget for the United such businesses and institutions with compliance on a prospective basis, and fiscal years 2011 through 2014; as fol- States Government for fiscal year 2010, lows: (2) provide information and guidance to revising the appropriate budgetary lev- businesses and institutions that are seeking At the appropriate place in title II, insert els for fiscal year 2009, and setting to comply with the requirements of that Act the following: forth the appropriate budgetary levels and the Consumer Product Safety Act as SEC. lll. SPECIAL RULE FOR LEGISLATION for fiscal years 2011 through 2014; which amended by that Act, PROVIDING FOR ADDITIONAL ES- by the amounts provided by that legislation TATE TAX RELIEF. was ordered to lie on the table; as fol- for those purposes, Provided That such legis- Notwithstanding the provisions of this lows: lation would not increase the deficit over ei- title, the Chairman of the Senate Committee On page 17, line 22, increase the amount by ther the period of the total of fiscal years on the Budget may not revise the allocations $213,000,000. 2009 through 2014 or the period of the total of of a committee or committees, aggregates, On page 17, line 23, increase the amount by fiscal years 2009 through 2019. and other appropriate levels and limits in $21,000,000. this resolution with respect to any bill, joint On page 18, line 3, increase the amount by SA 980. Mr. KYL (for himself and Mr. resolution, amendment, motion, or con- $79,000,000. ference report that would provide for estate On page 18, line 7, increase the amount by LIEBERMAN) submitted an amendment tax relief with an applicable exclusion $66,000,000. intended to be proposed by him to the amount beyond $3,500,000 ($7,000,000 for a On page 18, line 11, increase the amount by concurrent resolution S. Con. Res. 13, married couple) and a graduated rate ending $47,000,000. setting forth the congressional budget

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00166 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.281 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4397 for the United States Government for meet during the session of the Senate S. 735 fiscal year 2010, revising the appro- on Thursday, April 2, 2009, at 10 a.m. Be it enacted by the Senate and House of Rep- priate budgetary levels for fiscal year The PRESIDING OFFICER. Without resentatives of the United States of America in 2009, and setting forth the appropriate objection, it is so ordered. Congress assembled, budgetary levels for fiscal years 2011 COMMITTEE ON HOMELAND SECURITY AND SECTION 1. SHORT TITLE. through 2014; as follows: GOVERNMENTAL AFFAIRS This Act may be cited as the ‘‘Protecting Incentives for the Adoption of Children with On page 12, line 21, decrease the amount by Mr. CONRAD. Mr. President, I ask Special Needs Act of 2009’’. $10,000,000. unanimous consent that the Com- On page 12, line 22, decrease the amount by mittee on Homeland Security and Gov- SEC. 2. ELIMINATION OF RESTRICTION ON PAY- $10,000,000. ernmental Affairs be authorized to MENTS FOR FISCAL YEAR 2008. On page 27, line 23, increase the amount by meet during the session of the Senate Effective as if included in the enactment of $10,000,000. the Omnibus Appropriations Act, 2009 (Pub- on Thursday, April 2, 2009, at 10 a.m. to lic Law 111–8), title II of division F of such On page 27, line 24, increase the amount by conduct a hearing entitled ‘‘Recovery $10,000,000. Act is amended under the heading ‘‘CHILDREN and Reinvestment Spending: Imple- AND FAMILIES SERVICES PROGRAMS’’ under the f menting a Bold Oversight Strategy.’’ heading ‘‘ADMINISTRATION FOR CHILDREN AND NOTICE OF HEARING The PRESIDING OFFICER. Without FAMILIES’’, by striking ‘‘That without regard objection, it is so ordered. to the fiscal year limitations set forth in sec- COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON INDIAN AFFAIRS tion 473A of the Social Security Act, from RESOURCES Mr. CONRAD. Mr. President, I ask the amounts appropriated herein, the Sec- Mr. BINGAMAN. Mr. President, I retary shall pay adoption incentives for fis- unanimous consent that the Com- would like to announce for the infor- cal year 2008 in the same manner as such in- mittee on Indian Affairs be authorized mation of the Senate and the public centives were awarded in fiscal year 2008 for to meet during the session of the Sen- that a hearing has been scheduled be- the previous fiscal year: Provided further,’’. ate on Thursday, April 2, 2009, at 10 fore the Senate Committee on Energy f a.m. in room 628 of the Dirksen Senate and Natural Resources. The hearing Office Building. FIFTH SUMMIT OF THE AMERICAS will be held on Thursday, April 23, 2009, The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- at 9:30 a.m., in room SD–366 of the objection, it is so ordered. Dirksen Senate Office Building. imous consent that the Senate proceed COMMITTEE ON THE JUDICIARY The purpose of the hearing is to con- to Calendar No. 43, S. Res. 90. Mr. CONRAD. Mr. President, I ask The PRESIDING OFFICER. The sider the nomination of Kristina M. unanimous consent that the Com- Johnson, to be Under Secretary of En- clerk will report the resolution by mittee on the Judiciary be authorized title. ergy. to meet during the session of the Sen- Because of the limited time available The assistant legislative clerk read ate, to conduct an executive business as follows: for the hearing, witnesses may testify meeting on Thursday, April 2, 2009, at by invitation only. However, those A resolution (S. Res. 90) expressing the 10 a.m. in room SD–226 of the Dirksen sense of the Senate regarding the Fifth Sum- wishing to submit written testimony Senate Office Building. for the hearing record may do so by mit of the Americas, held in Port of Spain, The PRESIDING OFFICER. Without Trinidad and Tobago, April 17, 18, 19, 2009. sending it to the Committee on Energy objection, it is so ordered. and Natural Resources, United States There being no objection, the Senate COMMITTEE ON VETERANS’ AFFAIRS Senate, Washington, DC 20510–6150, or proceeded to consider the resolution. Mr. CONRAD. Mr. President, I ask Mr. REID. Mr. President, I ask unan- by e-mail to aman- unanimous consent that the Com- [email protected]. imous consent that the resolution be mittee on Veterans’ Affairs be author- agreed to, the preamble be agreed to, For further information, please con- ized to meet during the session of the tact Sam Fowler at (202) 224–7571 or the motions to reconsider be laid upon Senate today, April 2, 2009. the table, with no intervening action Amanda Kelly at (202) 224–6836. The PRESIDING OFFICER. Without or debate, and that any statements re- f objection, it is so ordered. lating to the resolution be printed in AUTHORITY FOR COMMITTEES TO f the RECORD. MEET ADOPTION INCENTIVE PAYMENTS The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES FOR FISCAL YEAR 2008 objection, it is so ordered. Mr. CONRAD. Mr. President, I ask Mr. REID. Mr. President, I ask unan- The resolution (S. Res. 90) was agreed unanimous consent that the Com- imous consent that the Finance Com- to. mittee on Armed Services be author- mittee be discharged from further con- The preamble was agreed to. ized to meet during the session of the sideration of S. 735 and the Senate pro- The resolution, with its preamble, Senate on Thursday, April 2, 2009, at 9 ceed to its consideration. reads as follows: a.m. The PRESIDING OFFICER. Without S. RES. 90 The PRESIDING OFFICER. Without objection, it is so ordered. The clerk Whereas the First Summit of the Amer- objection, it is so ordered. will report the bill by title. icas, held in December 1994 in Miami, Flor- ida, resulted in a comprehensive Plan of Ac- COMMITTEE ON ENVIRONMENT AND PUBLIC The assistant legislative clerk read tion, issued by the region’s democracies, WORKS as follows: which included initiatives on strengthening Mr. CONRAD. Mr. President, I ask A bill (S. 735) to ensure States receive adoption incentive payments for fiscal year democracy, promoting human rights, com- unanimous consent that the Com- bating corruption, furthering sustainable mittee on Environment and Public 2008 in accordance with the Fostering Con- nections to Success and Increasing Adop- economic development, encouraging environ- Works be authorized to meet during tions Act of 2008. mental conservation, and committing to ac- the session of the Senate on Thursday, cess to universal basic education and health There being no objection, the Senate April 2, 2009 at 10 a.m. in room 406 of care throughout the Americas; proceeded to consider the bill. Whereas 3 Summits of the Americas and 2 the Dirksen Senate Office Building to Mr. REID. Mr. President, I ask unan- hold a hearing entitled, ‘‘Hearing on Special Summits of the Americas have been imous consent that the bill be read a convened since 1994, resulting in additional the Nomination of Regina McCarthy to third time, passed, the motion to re- initiatives on sustainable development, be Assistant Administrator, Office of consider be laid upon the table, with no strengthening democratic practices and good Air and Radiation, of the Environ- intervening action or debate, and that governance, the environment, economic rela- mental Protection Agency.’’ any statements relating to the bill be tions, combating HIV/AIDS and other dis- The PRESIDING OFFICER. Without eases, and numerous other areas of mutual printed in the RECORD. objection, it is so ordered. interest and shared responsibility through- The PRESIDING OFFICER. Without out the Western Hemisphere; COMMITTEE ON FINANCE objection, it is so ordered. Whereas on July 21, 2008, the Draft Dec- Mr. CONRAD. Mr President, I ask The bill (S. 735) was ordered to be en- laration of Commitment by the Summit Im- unanimous consent that the Com- grossed for a third reading, was read plementation Review Group proposed an mittee on Finance be authorized to the third time, and passed, as follows: agenda for the Fifth Summit of the Americas

VerDate Nov 24 2008 09:19 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00167 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.285 S02APPT1 rfrederick on PROD1PC67 with SENATE S4398 CONGRESSIONAL RECORD — SENATE April 2, 2009 to discuss promoting human prosperity, en- The assistant legislative clerk read proceed to the consideration of S. Res. ergy security, environmental sustainability, as follows: 103. public security, democratic governance, and A resolution (S. Res. 101) expressing the The PRESIDING OFFICER. The the Summit’s implementation and review sense of the Senate on the tragic events at clerk will report the resolution by process; and the Pinelake Health and Rehab Center in Whereas on February 10, 2009, President title. Carthage, North Carolina on Sunday, March Barack Obama stated that he would attend The assistant legislative clerk read 29, 2009. the Fifth Summit of the Americas to ‘‘create as follows: the kind of partnership based on respect that There being no objection, the Senate A resolution (S. Res. 103) to authorize tes- the people of Latin America are looking for proceeded to consider the resolution. timony and document production in Richard and that will be beneficial to the United Mr. REID. Mr. President, I ask unan- Bowen v. Department of the Navy. States’’: Now, therefore, be it imous consent that the resolution be There being no objection, the Senate Resolved, That it is the sense of the Sen- agreed to and the motion to reconsider proceeded to consider the resolution. ate— be laid upon the table. Mr. REID. Mr. President, this resolu- (1) to express support for the Fifth Summit The PRESIDING OFFICER. Without of the Americas as an effective multilateral tion concerns a request for testimony forum, convened in the spirit of cooperation objection, it is so ordered. in a whistle-blower protection case and partnership for the 34 democratically The resolution (S. Res. 101) was against the Department of the Navy in elected heads of state of the region to ad- agreed to, as follows: which a civilian Navy employee is ap- dress shared challenges and foster collabora- S. RES. 101 pealing an adverse employment action tion throughout the Western Hemisphere; Resolved, That the Senate— before the Merit Systems Protection (2) that the Fifth Summit provides the (1) offers its heartfelt condolences to the Board. The employee is alleging that United States with an early opportunity to victims and their families, and to the staff reinvigorate and strengthen its engagement the Navy retaliated against him for and their families, who have been deeply af- protected whistle-blowing activities with the countries of the Western Hemi- fected by the tragic events that occurred at sphere, especially in— the Pinelake Health and Rehab Center in about alleged waste in Navy programs. (A) finding common solutions to the global Carthage, North Carolina on March 29, 2009; Among the whistle-blowing activities economic crisis; (2) honors the lives of the deceased vic- that the employee relies on is a brief (B) promoting energy security; and tims—Jerry Avant, Louise DeKler, Lillian meeting that representatives of a Navy (C) combating threats to public and per- Dunn, Tessie Garner, John Goldstrom, Bessie contracting firm had with staff of the sonal security, including threats from ter- Hedrick, Margaret Johnson, and Jesse Virginia Senate delegation in February rorism, international narcotics cartels, and Musser; and organized criminal groups; 2008 about their firm’s work on an en- (3) recognizes the heroism of Officer Justin ergy management contract that the (3) that the United States is prepared to Garner, whose decisive action and bravery work with the countries of the Western preserved the safety of many, and wishes Of- employee managed for the Navy. Hemisphere on advancing an agenda of ficer Garner a complete and rapid recovery The Navy has requested that the Sen- human prosperity, including— from the wound he sustained. ate make available through written (A) encouraging multilateral development declaration staff who can testify about f institutions to invest in micro- to medium- whether the employee’s allegations sized enterprises; PROVIDING FOR SENATE MEM- were raised at the meeting in order to (B) continuing the fight against HIV/AIDS, BERS OF THE JOINT COMMITTEE establish whether that meeting con- vector-borne, and noncommunicable dis- ON PRINTING AND JOINT COM- eases; stituted protected whistle-blowing ac- (C) raising the standard of living of the MITTEE OF CONGRESS ON THE tivities. people in the region who currently live in LIBRARY Senator Webb would like to cooper- poverty; Mr. REID. Mr. President, I ask unan- ate with this request. Accordingly, this (D) eradicating child labor; imous consent that the Senate now resolution would authorize Jamie (E) recommitting to the Millennium Devel- proceed to the consideration of S. Res. Lynch, a former fellow with Senator opment Goals; and Webb’s office, to testify. The resolution (F) supporting investment in public health 102. and education throughout the Western Hemi- The PRESIDING OFFICER. The would also authorize production of rel- sphere; clerk will report the resolution by evant documents, except where a privi- (4) that the United States should use the title. lege should be asserted. Fifth Summit of the Americas to strengthen The assistant legislative clerk read Mr. President, I ask unanimous con- cooperation by working with other nations as follows: sent that the resolution and preamble to formulate and implement a regional en- A resolution (S. Res. 102) providing for be agreed to en bloc, the motions to re- ergy strategy to promote— members on the part of the Senate of the consider be laid upon the table, with no (A) increased technology and information Joint Committee on Printing and the Joint intervening action. sharing; Committee of Congress on the Library. The PRESIDING OFFICER. Without (B) regulatory harmonization; There being no objection, the Senate objection, it is so ordered. (C) integration; and The resolution (S. Res. 103) was (D) renewable and alternative energy proceeded to consider the resolution. sources; Mr. REID. I ask unanimous consent agreed to. (5) to welcome civil society and nongovern- that the resolution be agreed to and The preamble was agreed to. mental organizations at the Fifth Summit, the motion to reconsider be laid upon The resolution, with its preamble, and to encourage their observation and ac- the table. reads as follows: tive participation in the Summit’s decision- The PRESIDING OFFICER. Without S. RES. 103 making process to strengthen democratic objection, it is so ordered. Whereas, in the case of Richard Bowen v. governance, the rule of law, freedom of the The resolution (S. Res. 102) was Department of the Navy, No. SF–0752–09– press, and civil society in the Western Hemi- agreed to, as follows: 0040–I–1, pending before the Merit Systems sphere; and S. RES. 102 Protection Board, a request has been made (6) to set achievable and measurable goals, for documents from the office of Senator Jim Resolved, That the following named Mem- based on areas of consensus, and to strength- Webb and a declaration from Jamie Lynch, a bers be, and they are hereby, elected mem- en followup mechanisms to review the imple- former fellow in the office of Senator Webb; bers of the following joint committees of mentation, reporting, and progress of Sum- Whereas, by the privileges of the Senate of Congress: mit initiatives. the United States and Rule XI of the Stand- JOINT COMMITTEE ON PRINTING: Mr. Schu- ing Rules of the Senate, no evidence under f mer, Mrs. Murray, Mr. Udall of New Mexico, the control or in the possession of the Senate Mr. Bennett, and Mr. Chambliss. TRAGIC EVENTS AT THE may, by the judicial or administrative proc- JOINT COMMITTEE OF CONGRESS ON THE LI- PINELAKE HEALTH AND REHAB ess, be taken from such control or possession BRARY: Mr. Schumer, Mr. Dodd, Mr. Durbin, CENTER Mr. Bennett, and Mr. Cochran. but by permission of the Senate; Whereas, when it appears that evidence Mr. REID. Mr. President, I ask unan- f under the control or in the possession of the imous consent that the Senate proceed Senate may promote the administration of to the consideration of S. Res. 101. AUTHORIZING TESTIMONY AND DOCUMENT PRODUCTION justice, the Senate will take such action as The PRESIDING OFFICER. The will promote the ends of justice consistent clerk will report the resolution by Mr. REID. Mr. President, I ask unan- with the privileges of the Senate: Now, title. imous consent that the Senate now therefore, be it

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00168 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.159 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4399 Resolved that Jamie Lynch is authorized to ‘‘Protocol’’) together with its Annexes The PRESIDING OFFICER. The testify and to produce documents in Richard I–IV, adopted at Madrid on October 4, clerk will report the concurrent resolu- Bowen v. Department of the Navy, except 1991, and Annex V to the Protocol, tion by title. concerning matters for which a privilege adopted at Bonn on October 17, 1991, re- The legislative clerk read as follows: should be asserted. ceived the advice and consent of the A concurrent resolution (H. Con. Res. 93) f Senate to ratification on October 7, providing for conditional adjournment of the MEASURE READ THE FIRST 1992, and entered into force for the House of Representatives and conditional re- TIME—H.R. 1256 United States on January 14, 1998, and cess or adjournment of the Senate. There being no objection, the Senate Mr. REID. Mr. President, it is my un- May 24, 2002, respectively. In Article 16 of the Protocol, the Par- proceeded to consider the concurrent derstanding that H.R. 1256 has been re- ties undertook to elaborate, in one or resolution. ceived from the House and is now at more Annexes, rules and procedures re- Mr. REID. I ask unanimous consent the desk. lating to liability for damage arising the concurrent resolution be agreed to The PRESIDING OFFICER. The from activities taking place in the Ant- and the motion to reconsider be laid on Leader is correct. the table. Mr. REID. I would ask for its first arctic Treaty area and covered by the The PRESIDING OFFICER. Without reading. Protocol. Annex VI sets forth rules and objection, it is so ordered. The PRESIDING OFFICER. The procedures relating to liability arising from the failure of operators in the The concurrent resolution (H. Con. clerk will report the bill by title for Res. 93) was agreed to, as follows: the first time. Antarctic to respond to environmental H. CON. RES. 93 The legislative clerk read as follows: emergencies. I believe Annex VI to be fully in the Resolved by the House of Representatives (the A bill (H.R. 1256) to protect the public U.S. interest. Its provisions advance Senate concurring), That when the House ad- health by providing the Food and Drug Ad- the U.S. goals of protecting the envi- journs on any legislative day from Thursday, ministration with certain authority to regu- April 2, 2009, through Saturday, April 4, 2009, late tobacco products, to amend title 5, ronment of Antarctica, establishing incentives for Antarctic operators to act on a motion offered pursuant to this concur- United States Code, to make certain modi- rent resolution by its Majority Leader or his fications in the Thrift Savings Plan, the responsibly, and providing for the re- designee, it stand adjourned until 2 p.m. on Civil Service Retirement System, and the imbursement of costs incurred by the Tuesday, April 21, 2009, or until the time of Federal Employees’ Retirement System, and United States Government when it re- any reassembly pursuant to section 2 of this for other purposes. sponds to environmental emergencies concurrent resolution, whichever occurs Mr. REID. Mr. President, I now ask caused by others. first; and that when the Senate recesses or for its second reading but object to my As the report of the Department of adjourns on any day from Thursday, April 2, own request. State explains, Annex VI will require 2009, through Sunday, April 5, 2009, on a mo- The PRESIDING OFFICER. Objec- implementing legislation, which will tion offered pursuant to this concurrent res- tion is heard. The bill will receive its be submitted separately to the Con- olution by its Majority Leader or his des- second reading on the next legislative ignee, it stand recessed or adjourned until gress for its consideration. noon on Monday, April 20, 2009, or such other day. I recommend that the Senate give time on that day as may be specified in the f early and favorable consideration to motion to recess or adjourn, or until the Annex VI and give its advice and con- REMOVAL OF INJUNCTION OF SE- time of any reassembly pursuant to section 2 sent to ratification. of this concurrent resolution, whichever oc- CRECY—TREATY DOCUMENT NO. BARACK OBAMA curs first. 111–2 THE WHITE HOUSE, April 2, 2009. SEC. 2. The Speaker of the House and the Majority Leader of the Senate, or their re- Mr. REID. Mr. President, as in execu- f tive session, I ask unanimous consent spective designees, acting jointly after con- that the injunction of secrecy be re- APPOINTMENT AUTHORITY sultation with the Minority Leader of the Mr. REID. Mr. President, I ask unan- House and the Minority Leader of the Sen- moved from the following treaty trans- ate, shall notify the Members of the House mitted to the Senate on April 2, 2009, imous consent that notwithstanding and the Senate, respectively, to reassemble by the President of the United States: the recess or adjournment of the Sen- at such place and time as they may des- Annex VI to the Protocol on Environ- ate, the President of the Senate, the ignate if, in their opinion, the public interest mental Protection to the Antarctic President of the Senate pro tempore, shall warrant it. Treaty (Treaty Document No. 111–2). and the majority and minority leaders f I further ask unanimous consent that be authorized to make appointments to FRAUD ENFORCEMENT AND RE- the treaty be considered as having been commissions, boards, conferences or COVERY ACT OF 2009—MOTION TO read the first time; that it be referred, interparliamentary conferences au- PROCEED with accompanying papers, to the Com- thorized by law, by concurrent action mittee on Foreign Relations and or- of the two Houses or by order of the CLOTURE MOTION dered to be printed; and that the Presi- Senate. Mr. REID. Mr. President, I now move dent’s message be printed in the The PRESIDING OFFICER. Without to proceed to Calendar No. 28, S. 386. RECORD. objection, it is so ordered. With it, I send a cloture motion to the The PRESIDING OFFICER. Without f desk. The PRESIDING OFFICER. The clo- objection, it is so ordered. AUTHORITY TO FILE The message of the President is as ture motion having been presented follows: Mr. REID. Mr. President, I ask unan- under rule XXII, the Chair directs the imous consent that notwithstanding an clerk to read the motion. To the Senate of the United States: adjournment of the Senate, the Senate The assistant legislative clerk read With a view to receiving the advice committees may file reported legisla- as follows: and consent of the Senate to ratification and executive calendar business on CLOTURE MOTION tion, I transmit herewith Annex VI on Thursday, April 16, from 10 a.m. to 12 We, the undersigned Senators, in accord- Liability Arising From Environmental noon. ance with the provisions of rule XXII of the Emergencies to the Protocol on Envi- The PRESIDING OFFICER. Without Standing Rules of the Senate, hereby move ronmental Protection to the Antarctic objection, it is so ordered. to bring to a close debate on the motion to proceed to Calendar No. 28, S. 386, the Fraud Treaty (Annex VI), adopted on June 14, f 2005, at the twenty-eighth Antarctic Enforcement and Recovery Act of 2009. Treaty Consultative Meeting held in PROVIDING FOR A CONDITIONAL Harry Reid, Patrick J. Leahy, Edward E. Stockholm, Sweden. I also transmit for ADJOURNMENT OF THE HOUSE Kaufman, Jeff Bingaman, John D. the information of the Senate the re- OF REPRESENTATIVES AND A Rockefeller, IV, Jon Tester, Bernard Sanders, Charles E. Schumer, Jack port of the Department of State, which CONDITIONAL RECESS OR AD- JOURNMENT OF THE SENATE Reed, Sheldon Whitehouse, Benjamin includes an Overview of Annex VI. L. Cardin, Ron Wyden, Dianne Fein- The Protocol on Environmental Pro- Mr. REID. I ask unanimous consent stein, Patty Murray, John F. Kerry, tection to the Antarctic Treaty (the the Senate proceed to H. Con. Res. 93. Amy Klobuchar, Debbie Stabenow.

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00169 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.177 S02APPT1 rfrederick on PROD1PC67 with SENATE S4400 CONGRESSIONAL RECORD — SENATE April 2, 2009 Mr. REID. I ask unanimous consent THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEPARTMENT OF COMMERCE IN THE UNITED STATES NAVY RESERVE TO THE GRADE the mandatory quorum be waived. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: BRIAN W. CARR, OF VIRGINIA The PRESIDING OFFICER. Without To be rear admiral (lower half) LAWRENCE D. CORNMAN, OF MARYLAND DEPARTMENT OF STATE objection, it is so ordered. CAPTAIN DOUGLAS J. ASBJORNSEN Mr. REID. Mr. President, I suggest CAPTAIN CHARLES K. CARODINE KATHRINE L. ALDERMAN, OF VIRGINIA CAPTAIN ANATOLIO B. CRUZ III BOOYEON LEE ALLEN, OF CALIFORNIA the absence of a quorum. CAPTAIN JOHN E. JOLLIFFE CLAY C. ALLEN, OF MASSACHUSETTS The PRESIDING OFFICER. The CAPTAIN ROBERT J. KAMENSKY SHANE MICHAEL ANDERSEN, OF VIRGINIA clerk will call the roll. DEPARTMENT OF AGRICULTURE BEATA ANGELICA, OF VIRGINIA LA JUNE L. BARNES, OF NEW YORK The assistant legislative clerk pro- KRYSTA HARDEN, OF VIRGINIA, TO BE AN ASSISTANT NICHOLAS G. BARNETT, OF NEW YORK ceeded to call the roll. SECRETARY OF AGRICULTURE, VICE LINDA AVERY CHRISTINA I.M. BISHOP, OF VIRGINIA STRACHAN, RESIGNED. JOSEPH E. BURZYNSKI, OF THE DISTRICT OF COLUMBIA Mr. REID. Mr. President, I ask unan- DANIEL J. CARL, OF COLORADO DEPARTMENT OF DEFENSE imous consent that the order for the ALBERT RAY CEA HENRIQUEZ, OF TEXAS JO-ELLEN DARCY, OF MARYLAND, TO BE AN ASSIST- FREDERICK CHARLES, OF VIRGINIA quorum call be rescinded. ANT SECRETARY OF THE ARMY, VICE JOHN PAUL JOHN PAUL CHARLES, OF WASHINGTON The PRESIDING OFFICER. Without WOODLEY, JR. DONALD K. CODDING, OF OKLAHOMA SYDNEY A. CODDING, OF OKLAHOMA objection, it is so ordered. DEPARTMENT OF ENERGY ROBERT PATRICK CONTRERAS, OF MISSOURI CRAIGORY D. CRANK, OF MARYLAND SCOTT BLAKE HARRIS, OF VIRGINIA, TO BE GENERAL f ERIC T. CUYLER, OF NEBRASKA COUNSEL OF THE DEPARTMENT OF ENERGY, VICE DAVID PHILLIP NELSON DE ASSIS, OF THE DISTRICT OF COLUM- R. HILL, RESIGNED. ORDERS FOR MONDAY, APRIL 20, BIA 2009 DEPARTMENT OF HOMELAND SECURITY BROOKE HEILNER DEAN, OF MARYLAND ANTHONY J. DIAZ, OF KENTUCKY Mr. REID. Mr. President, I ask unan- TIMOTHY W. MANNING, OF NEW MEXICO, TO BE DEPUTY RYAN T. DRISCOLL, OF VIRGINIA ADMINISTRATOR FOR NATIONAL PREPAREDNESS, FED- EDMUND FLEETWOOD DUNSTAN III, OF MARYLAND imous consent that when the Senate ERAL EMERGENCY MANAGEMENT AGENCY, DEPART- KARYN MALIA CHOQUETTE ELIOT, OF VIRGINIA completes its business today, it ad- MENT OF HOMELAND SECURITY, VICE DENNIS R. ANDREW L. ELLIS, OF VIRGINIA journ until 2 p.m., Monday, April 20, SCHRADER. TIMOTHY F. FARRELL, OF VIRGINIA DEPARTMENT OF VETERANS AFFAIRS MARISA FERGUSON, OF VIRGINIA under the provisions of H. Con. Res. 93; JOSE M. GARZA, JR., OF VIRGINIA JOHN U. SEPULVEDA, OF VIRGINIA, TO BE AN ASSIST- NOAH J. GEESAMAN, OF VIRGINIA that following the prayer and pledge, ANT SECRETARY OF VETERANS AFFAIRS (HUMAN RE- JENNIFER H. GIBBS, OF VIRGINIA the Journal of proceedings be approved SOURCES), VICE MICHAEL W. HAGER. KIMBERLY K. GIUSTI, OF OREGON PALOMA H. GONZA´ LEZ, OF CALIFORNIA to date, the morning hour be deemed FOREIGN SERVICE JACOB DANIEL GRANNELL, OF THE DISTRICT OF COLUM- expired, the time for the two leaders be THE FOLLOWING-NAMED CAREER MEMBERS OF THE BIA reserved for their use later in the day, SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF KERRY J. GROOME, OF MARYLAND COMMERCE FOR PROMOTION WITHIN AND INTO THE SEN- RYAN N. GUIRLINGER, OF VIRGINIA and the Senate resume consideration of IOR FOREIGN SERVICE TO THE CLASSES INDICATED: PRISCILLA GUZMAN, OF TEXAS CHANSONETTE HALL, OF PENNSYLVANIA the motion to proceed to Calendar No. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, GARTH HALL, OF THE DISTRICT OF COLUMBIA 28, S. 386, the Fraud Enforcement and CLASS OF MINISTER-COUNSELOR: LAURA J. HAMMOND, OF MINNESOTA Recovery Act of 2009. GREGORY D. LOOSE, OF VIRGINIA SEAN M. HANIFEN, OF VIRGINIA DOROTHY L. LUTTER, OF THE DISTRICT OF COLUMBIA NICHOLAS HARRIS, OF VIRGINIA The PRESIDING OFFICER. Without WILLIAM M. ZARIT, OF FLORIDA VIRGINIA HARRIS, OF NEW YORK APRIL M. HAYNE, OF OHIO objection, it is so ordered. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CHERYL A. HIPP, OF CALIFORNIA f CLASS OF COUNSELOR: RYNA HOK, OF VIRGINIA KERRY F.A. HYRE, OF NEW YORK PROGRAM BRIAN C. BRISSON, OF FLORIDA TIFFANY L. JACKSON, OF FLORIDA MICHAEL L. MCGEE, OF ALABAMA CHRISTOPHER C. JENSEN, OF VIRGINIA Mr. REID. Mr. President, under the DONALD G. NAY, OF FLORIDA VISHAL JINDAL, OF VIRGINIA GREGORY M. WONG, OF HAWAII KENNETH J. KANN, OF MARYLAND previous order, there will be a series of THE FOLLOWING-NAMED PERSONS OF THE AGENCIES SONIA JUNG KIM, OF GEORGIA up to four rollcall votes beginning at INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- RICHARD CHARLES KOLKER, OF VIRGINIA FICERS OF THE CLASSES STATED. STEPHAN G. LANGLEY, OF WASHINGTON 5:30 p.m. on Monday. JOHN B. LAVIN, OF MARYLAND FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF MICHAEL E. LEE, OF VIRGINIA f CLASS TWO, CONSULAR OFFICER AND SECRETARY IN THOMAS J. LEIBY, OF PENNSYLVANIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF WENDY ANN LIGON, OF VIRGINIA ADJOURNMENT UNTIL MONDAY, AMERICA: BRIDGET MARY LINES, OF TEXAS APRIL 20, 2009, AT 2 P.M. AGENCY FOR INTERNATIONAL DEVELOPMENT LOREN C. LOCKE, OF GEORGIA RYAN J. LONG, OF WASHINGTON Mr. REID. Mr. President, if there is LASZLO F. SAGI, OF VIRGINIA JAMES MICHAEL LOWELL, OF TENNESSEE DAVID A. THOMANEK, OF VIRGINIA MUNIR DAWAN MADYUN, OF GEORGIA no further business to come before the SARA V. MARTI´, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ANNA ARAMBULO MARTZ, OF TEXAS Senate, I ask unanimous consent that CLASS THREE, CONSULAR OFFICER AND SECRETARY IN JOEL SUNIL MATHEN, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF it adjourn under the previous order. WESLEY S. MATHEWS, OF TEXAS AMERICA: There being no objection, the Senate, TRISHITA MAULA, OF NEW YORK at 12:42 a.m., adjourned until Monday, AGENCY FOR INTERNATIONAL DEVELOPMENT JAMES PATRICK MCCORMICK, OF OREGON CHRISTOPHER H. MCHONE, OF TEXAS April 20, 2009, at 2 p.m. STEVEN BRADLEY BENNETT, JR., OF VIRGINIA ROLAND DAVID MCKAY, OF MICHIGAN ANDY D. NGUYEN, OF VIRGINIA MARY KATHLEEN MCKNIGHT, OF TENNESSEE f FATMA A. ROSE, OF ARIZONA DOERING S. MEYER, OF MINNESOTA DEPARTMENT OF COMMERCE MORGAN DANIEL MILES, OF WASHINGTON NOMINATIONS AARON TYRELL MITCHELL, OF MARYLAND JOHN F. CORONADO, OF CALIFORNIA DOUG MORROW, OF ILLINOIS Executive nominations received by JAMES S. CRAMER, OF THE DISTRICT OF COLUMBIA KATHRINE M. MORTENSEN, OF NEW YORK the Senate: ROBERT W. DUNN, OF VIRGINIA STEVEN MARK MOUTON, OF VIRGINIA BRENT E. OMDAHL, OF TEXAS NATALYA A. NIKIFOROVA-SMITH, OF FLORIDA THE JUDICIARY CAROLINE CASEY NOHR, OF CALIFORNIA DEPARTMENT OF STATE FREDERICK NICHOLAS NOYES, OF TEXAS ANDRE M. DAVIS, OF MARYLAND, TO BE UNITED ILENA C. PATTI, OF VIRGINIA STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE ALFREDO DAVID BARELA, OF TEXAS KARLEE MARIE PAYNE, OF VIRGINIA FRANCIS D. MURNAGHAN, JR., DECEASED. JEHAN SADIA JONES, OF THE DISTRICT OF COLUMBIA CHRIS F. PIERSON, OF CONNECTICUT GERARD E. LYNCH, OF NEW YORK, TO BE UNITED CATHERINE HENDERSON SCHWEITZER, OF VIRGINIA SUSAN QUINTANA, OF TEXAS STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT, VICE FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ERIN ALEXIS RATTAZZI, OF CALIFORNIA CHESTER J. STRAUB, RETIRED. CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN SUNIL KUMAR RAVI, OF ARIZONA IN THE NAVY THE DIPLOMATIC SERVICE OF THE UNITED STATES OF STEPHANIE LAUREN REED, OF VIRGINIA AMERICA: MARK V. REEDY, OF GEORGIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF COMMERCE NICHOLAS B. REID, OF FLORIDA IN THE UNITED STATES NAVY RESERVE TO THE GRADE RE´ GINE RENE´ , OF LOUISIANA INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: GREGORY HARRIS, OF WASHINGTON ANGELICA RODAS-HUGHES, OF VIRGINIA To be rear admiral (lower half) AARON M. HELD, OF CALIFORNIA THOMAS S. ROOKER, OF VIRGINIA FRANKLIN D. JOSEPH, OF THE DISTRICT OF COLUMBIA ALISON E. ROWLES, OF MARYLAND CAPT. RON J. MACLAREN DAO M. LE, OF CALIFORNIA CHUNNONG SAEGER, OF MARYLAND DINAH M. MCDOUGALL, OF TEXAS MARYUM FATIMA SAIFEE, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK C. O’GRADY, OF MARYLAND FELIX J. SALAZAR, OF MARYLAND IN THE UNITED STATES NAVY RESERVE TO THE GRADE JANEE PIERRE-LOUIS, OF FLORIDA JANICE T. SCHILL, OF CALIFORNIA INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ELIZABETH M. SHIEH, OF NEW YORK PHILIP SCOT SCHWADA, OF VIRGINIA To be rear admiral (lower half) WILLIAM P. THORN, JR., OF PENNSYLVANIA BEHRANG FARIAN SERAJ, OF CALIFORNIA ANDREW MICHAEL SHERNUK, OF VIRGINIA CAPT. ROBIN L. GRAF DEPARTMENT OF STATE ARATI SHROFF, OF ILLINOIS ALEXANDREA R. SHYBUT, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AMY MARIE MOSER, OF MISSOURI SADIE MARIE OKOKO, OF THE DISTRICT OF COLUMBIA CLAIRE ELIZABETH SMOLIK, OF CALIFORNIA IN THE UNITED STATES NAVY RESERVE TO THE GRADE LAURENCE J. SOCHA, OF ILLINOIS INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN NITZA SOLA´ -ROTGER, OF THE DISTRICT OF COLUMBIA To be rear admiral (lower half) SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES CORY RAJA STELLING, OF VIRGINIA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MASAMI TANAKA, OF ILLINOIS CAPT. DAVID G. RUSSELL AMERICA: MEGAN J. TETRICK, OF INDIANA

VerDate Nov 24 2008 08:33 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00170 Fmt 0624 Sfmt 9801 E:\CR\FM\G02AP6.165 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4401

SYGA THOMAS, OF CALIFORNIA MAUREEN YVONNE MIMNAUGH, OF CALIFORNIA JOSEPH R. MASIH, OF VIRGINIA ROBBIE J. THOMPSON, OF MARYLAND TODD K. MIYAHIRA, OF VIRGINIA ALAN DANIEL MCCARTHY, JR., OF VIRGINIA WOLFGANG TOLLE, OF VIRGINIA MOHAMMED MOTIWALA, OF CALIFORNIA DANIEL LAWRENCE MICHAEL, OF VIRGINIA DIANE K. TOMION, OF VIRGINIA BRADLEY JON NIEMANN, OF CALIFORNIA CHIRAG MAYUR MISTRY, OF MARYLAND KEISHA N. TOMS, OF NEW YORK VICTORIA STURDIVANT O’CONNELL, OF VIRGINIA NICHOLAS F. MUTO, OF MARYLAND WILLIAM RANDALL TORRANCE, OF TEXAS LIAM J. O’FLANAGAN, OF NEW YORK VICTORIA LEIGH NIBARGER, OF KANSAS CATHERINE TRUONG, OF ILLINOIS MICHELLE YVETTE OUTLAW, OF ARIZONA PAUL M. NICHOLS, OF CONNECTICUT JUSTIN W. TULL, OF CALIFORNIA ERIN PELTON, OF MINNESOTA ERIN THERESE O’CONNOR, OF TEXAS PENNY L. VASQUEZ, OF VIRGINIA CHRISTA MARIE PEROZO, OF WISCONSIN DOUGLAS H. OSTERTAG, OF CALIFORNIA YAYOI VICKOVIC, OF VIRGINIA MARK DAVID PERRY, OF VIRGINIA JEFFREY L. OTTO, OF NEW YORK BENJAMIN WALLACE, OF THE DISTRICT OF COLUMBIA ZEBA REYAZUDDIN, OF CALIFORNIA MARK SEBASTIAN PALERMO, OF THE DISTRICT OF CO- BRIANNE A. WATTS, OF VIRGINIA CORRIE HEPBURN ROBB, OF CALIFORNIA LUMBIA OTTO HAAVERSEN WESTHASSEL, OF NEVADA NINA J. ROBINSON, OF CALIFORNIA JOYCE K. PARK, OF VIRGINIA ERIC S. WEXLER, OF VIRGINIA RANDALL ARTHUR ROBINSON, OF FLORIDA JOHN REED PAYNE, OF TEXAS C. LOGAN WHEELER, OF TENNESSEE MELANIE B. RUBENSTEIN, OF OHIO FRANCISCO PE´ REZ, OF NEW MEXICO AMANDA FAITH WHITESELL, OF VIRGINIA RYAN J. RUSSELL, OF VIRGINIA KIMBERLY M. PEREZ, OF TEXAS HEATHER A. WIGGINS, OF VIRGINIA CHARLES R. SELLERS, OF TEXAS LAURA PERRY, OF VIRGINIA DAVID WISNER, OF NEW YORK HEATHER STEIL, OF CALIFORNIA SUSAN L. POHL, OF VIRGINIA HEATHER NICOLE WRIGHT, OF MARYLAND WILLIAM H. SYLL, OF LOUISIANA ERIK S. PUGNER, OF CALIFORNIA CHRISTIAN S. YUN, OF CALIFORNIA JOSEPH R. TRUESDALE IV, OF NEW HAMPSHIRE REBECCA L. PYLE, OF PENNSYLVANIA THE FOLLOWING-NAMED CAREER MEMBER OF THE JASON HOWARD ULLNER, OF FLORIDA REBECCA CAROL RAMAN, OF TENNESSEE SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF ROGER CROIX WEBB, OF MISSOURI SCOTT E. REESE, OF VIRGINIA COMMERCE FOR PROMOTION WITHIN AND INTO THE SEN- PHILIP DOUGLAS WILSON, OF TEXAS ALISON M. RESER, OF VIRGINIA IOR FOREIGN SERVICE TO THE CLASS INDICATED: CHAD LEE WILTON, OF ALASKA KEVIN RICH, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE ELISABETH F. ZENTOS, OF THE DISTRICT OF COLUMBIA MEGAN JOAN ROBERTS, OF VIRGINIA NIKKI NOEL ROMERO, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN ISTER COUNSELOR: MICHAEL RUDDY, OF MASSACHUSETTS SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES JACOB J. SALAZAR, OF MICHIGAN DANIEL E. HARRIS, OF MARYLAND IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SUMMER H. SANFORD, OF VIRGINIA AMERICA: SARA A. SCARBRO, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES DEPARTMENT OF COMMERCE SARAH K. SCHORES, OF THE DISTRICT OF COLUMBIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- LUKE AARON SCHTELE, OF UTAH FICERS OF THE CLASSES STATED. DAVID E. AVERNE, OF THE DISTRICT OF COLUMBIA PAUL SCHUBERT, OF MARYLAND FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF JOHN P. FAY, OF VIRGINIA CHARLES F. SETEN, OF ILLINOIS CLASS TWO, CONSULAR OFFICER AND SECRETARY IN HENLEY K. JONES, OF FLORIDA RICKIN D. SHAH, OF THE DISTRICT OF COLUMBIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF KATJA S. KRAVETSKY, OF VIRGINIA MARK C. SHEPPARD, OF VIRGINIA AMERICA: NANCY E. LUTHER, OF THE DISTRICT OF COLUMBIA ANNE SIPPEL, OF GEORGIA PAUL A. TAYLOR, OF COLORADO JENNIFER T. SIREGAR, OF FLORIDA DEPARTMENT OF STATE JON J. SKIBA, OF VIRGINIA DEPARTMENT OF STATE SARAH F. SKORUPSKI, OF THE DISTRICT OF COLUMBIA JOHN M. KOWALSKI, OF WISCONSIN PATRICK KIMBALL ARMSTRONG, OF VIRGINIA DOMINIC SO, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF CHAD ASHLEY, OF VIRGINIA BRENT SODERBORG, OF VIRGINIA CLASS THREE, CONSULAR OFFICER AND SECRETARY IN AARON M. ATKIN, OF VIRGINIA DANIELLE EVON THOMAS, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AKASH BAHL, OF CALIFORNIA SHAWN TIMBROOK, OF VIRGINIA AMERICA: GRAHAM GLYN BARKER, OF FLORIDA MINA TOUMAZATOS, OF VIRGINIA VINCENT C. TRAVERSO, OF CALIFORNIA DEPARTMENT OF AGRICULTURE WILLIAM D. BARRY, OF CALIFORNIA JEFFREY KIRK BENGTZEN, OF VIRGINIA LLOYD R. VAN LANDINGHAM, OF VIRGINIA BEENA VARNAN, OF TEXAS DAVID LEISHMAN, OF WYOMING CARINA BERNAL, OF TEXAS MATTHEW VARTHALAMIS, OF THE DISTRICT OF COLUM- ELIZABETH MELLO, OF CALIFORNIA LINDA BLOUNT, OF VIRGINIA BIA JEFFREY V. NAWN, OF OHIO KATHERINE LYNN BOESDORFER, OF VIRGINIA ANDREW J. BRADEN, OF THE DISTRICT OF COLUMBIA ERIK CHRISTOPHER WAHLSTROM, OF WASHINGTON FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF KELLY BUSBY, OF VIRGINIA LAURA WANNER, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN JONATHAN S. BUTRY, OF VIRGINIA ADAM C. WATSON, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF KAREN CAHILL, OF VIRGINIA STEPHEN WEEKS, OF FLORIDA AMERICA: ALYSIA CAMEL, OF VIRGINIA MATTHEW LAWRENCE WEILL, OF THE DISTRICT OF CO- LUMBIA DEPARTMENT OF STATE OLGA TERESA CARDENAS, OF VIRGINIA JANE CARTER, OF CALIFORNIA BRIAN D. WHELAN, OF VIRGINIA ALLYSON MCCOLLUM ALGEO, OF TENNESSEE JORDANA CHAVIN, OF CALIFORNIA LUCY AVENT WICHLACZ, OF VIRGINIA MARA SUNSHINE ANDERSEN, OF COLORADO CHERYL CIOCCI, OF VIRGINIA JOSHUA B. WILCOX, OF VIRGINIA ANDREA APPELL, OF CALIFORNIA SARAH CLYMER, OF MINNESOTA DALE P. WURMLINGER, OF VIRGINIA SELIM ARITU¨ RK, OF THE DISTRICT OF COLUMBIA CHIE N. COLE, OF VIRGINIA JEREMY TERRILL YOUNG, OF VIRGINIA DAVID P. ARULANANTHAM, OF CALIFORNIA SHAYNA COLLEEN CRAM, OF TEXAS NATASHA MICHELLE BASLEY, OF CALIFORNIA CHANDA M. CREASY, OF THE DISTRICT OF COLUMBIA f LEE ANDREW BELLAND, OF WASHINGTON PETER JAMES DAVIS, OF VIRGINIA ONI KAY BLAIR, OF TEXAS AUDREY C. DAVISTER, OF VIRGINIA DISCHARGED NOMINATIONS DAVID J. BOUMAN, OF WASHINGTON CHRISTIAAN E.N. DE LUIGI, OF VIRGINIA KATHERINE A. CARO, OF FLORIDA BARBARA R. DOENGES, OF OHIO The Senate Committee on Agri- DONALD LEROY CARROLL, OF IDAHO KENNETH C. DOLL II, OF VIRGINIA culture, Nutrition, and Forestry was MARCUS EVAN LAWRENCE CARY, OF WASHINGTON DAWN M. DOWLING, OF VIRGINIA DELARAM MOKHTAR CAVEY, OF VIRGINIA KATHLEEN ETTER, OF VIRGINIA discharged from further consideration ANN MARIE CHIAPPETTA, OF CALIFORNIA STEPHANIE FAIN, OF TEXAS of the following nominations by unani- JASON CHUE, OF NEW YORK JENNIFER M. FOLTZ, OF MICHIGAN CECELIA MASON COLEMAN, OF TEXAS RUTH H. GALLANT, OF CALIFORNIA mous consent and the nominations STEVEN M. CONLON, OF FLORIDA ANDREW GALLIKER, OF VIRGINIA were confirmed: WAYNE H. CRAWFORD, OF COLORADO ELIAS T. GATES, OF VIRGINIA RICHARD D. DAMSTRA, OF MICHIGAN BRYON GILBERT, OF MARYLAND JAMES W. MILLER, OF VIRGINIA, TO BE UNDER SEC- CHRISTIAN DEITCH, OF ILLINOIS WILLIAM J. GRALEY, OF VIRGINIA RETARY OF AGRICULTURE FOR FARM AND FOREIGN AG- SARA ELIZABETH DEVLIN, OF VIRGINIA ERIN TERESA GREENWELL, OF THE DISTRICT OF COLUM- RICULTURAL SERVICES. CAROLINE GRACE DOW, OF PENNSYLVANIA BIA KATHLEEN A. MERRIGAN, OF MASSACHUSETTS, TO BE ALLEN DUBOSE, OF FLORIDA ASHLEY COLLEEN GROUNDS, OF VIRGINIA DEPUTY SECRETARY OF AGRICULTURE. MATTHEW JOHN EASTER, OF NEW YORK VINCENT J. GUINEE III, OF VIRGINIA JOE LEONARD, JR., OF THE DISTRICT OF COLUMBIA, TO GINA BETH EL KOURY, OF NEW JERSEY STEPHANIE MARIE HACKENBURG, OF PENNSYLVANIA BE AN ASSISTANT SECRETARY OF AGRICULTURE. GUNTHER T. FEHR, OF NORTH CAROLINA KENNETH THEODORE HARMS, OF VIRGINIA EMILY M. FLECKNER, OF NEW YORK NICHOLAS RYAN HARROD, OF THE DISTRICT OF COLUM- f MELINDA J. FOUNTAIN, OF INDIANA BIA ELAINE M. FRENCH, OF NEW YORK ROBIN A. HARTSELL, OF ILLINOIS CONFIRMATIONS NORMAN GALIMBA, OF TEXAS PATRICK B. HARWOOD, OF VIRGINIA DAVID HARDT GAMBLE, JR., OF VIRGINIA BRIAN R. HOKE, OF VIRGINIA Executive nominations confirmed by ADELLE FAY GILLEN, OF WASHINGTON BRADFORD HOPEWELL, OF VIRGINIA the Senate, Thursday, April 2, 2009: TIMOTHY JOHN GILLEN, OF WASHINGTON MARY R. HOWELL, OF FLORIDA SUZANNE GORDON GRANTHAM, OF FLORIDA ETHAN R. HYCHE, OF CALIFORNIA INTERNATIONAL BANKS LAWRENCE GRIPPO, OF NEW JERSEY CHRISTIAAN K. JAMES, OF TEXAS CHRISTOPHER G. GROSSMAN, OF OKLAHOMA REBECCA A. JANES, OF THE DISTRICT OF COLUMBIA TIMOTHY F. GEITHNER, OF NEW YORK, TO BE UNITED KATHLEEN MARIE GUERRA, OF WASHINGTON MARY KATHERINE JANTE, OF THE DISTRICT OF COLUM- STATES GOVERNOR OF THE INTERNATIONAL MONETARY JASON HEUNG, OF VIRGINIA BIA FUND FOR A TERM OF FIVE YEARS; UNITED STATES GOV- DEREK WILLIAM HOFFMANN, OF INDIANA DANA M. JONES-SHEPPARD, OF VIRGINIA ERNOR OF THE INTERNATIONAL BANK FOR RECON- JAMES E. HOGAN, OF FLORIDA CHESTER L. KELLEY, OF VIRGINIA STRUCTION AND DEVELOPMENT FOR A TERM OF FIVE PHUONG THAO THANH HONG, OF WASHINGTON JULI S. KIM, OF TEXAS YEARS; UNITED STATES GOVERNOR OF THE INTER- YUEN-HAO HUANG, OF CALIFORNIA KELLY S. KIM, OF VIRGINIA AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE TIMOTHY RAY JOHNSON, OF VIRGINIA AMANDA H. KING, OF VIRGINIA YEARS; UNITED STATES GOVERNOR OF THE AFRICAN DE- MATTHEW KEENER, OF CALIFORNIA NEIL R. KING, OF THE DISTRICT OF COLUMBIA VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED SHARON S. KETCHUM, OF ARIZONA DAWN KIRSCHMAN, OF SOUTH DAKOTA STATES GOVERNOR OF THE ASIAN DEVELOPMENT BANK; LUBNA KHAN, OF WYOMING JONATHAN LOREN KOEHLER, OF ILLINOIS UNITED STATES GOVERNOR OF THE AFRICAN DEVELOP- ANN MOONJU KIM, OF CALIFORNIA DARREN LABONTE, OF MARYLAND MENT FUND; UNITED STATES GOVERNOR OF THE EURO- KATHRYN ANN KISER, OF FLORIDA MARTIN L. LAHM III, OF NEW YORK PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. ELIZABETH VIRGINIA KUHSE, OF CONNECTICUT MATTHEW LANDIN, OF MARYLAND DEPARTMENT OF STATE BENJAMIN AARON LE ROY, OF CALIFORNIA SCOTT LANG, OF ILLINOIS SHELBIE CHANDELLE LEGG, OF FLORIDA BRIAN D. LARSEN, OF ILLINOIS RICHARD RAHUL VERMA, OF MARYLAND, TO BE AN AS- GLENN K. LEWIS, OF VIRGINIA LISA CHRISTINE LARSON, OF MINNESOTA SISTANT SECRETARY OF STATE (LEGISLATIVE AF- JORGE E. LIZARRALDE, OF TEXAS PHYLLIS K. LAVALLAIS, OF TEXAS FAIRS). JEREMY W. LONG, OF CALIFORNIA SEAN PATRICK LINDSTONE, OF THE DISTRICT OF COLUM- ESTHER BRIMMER, OF THE DISTRICT OF COLUMBIA, TO DANIEL EDWARD MANGIS, OF TEXAS BIA BE AN ASSISTANT SECRETARY OF STATE (INTER- SHAILA B. MANYAM, OF FLORIDA MARISA LEIGH MACISAAC, OF MAINE NATIONAL ORGANIZATION AFFAIRS). JAMIE MARTIN, OF RHODE ISLAND JEFFREY T. MAICKE, OF MARYLAND ROSE EILENE GOTTEMOELLER, OF VIRGINIA, TO BE AN DONALD G. MAYNARD II, OF VIRGINIA MARK W. MAJOROS, OF VIRGINIA ASSISTANT SECRETARY OF STATE (VERIFICATION AND JESSICA MEGILL, OF CALIFORNIA SARAH V. MANAKER, OF VIRGINIA COMPLIANCE).

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KARL WINFRID EIKENBERRY, OF FLORIDA, TO BE AM- COL. RICHARD W. THOMAS IN THE ARMY BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE ISLAMIC RE- IN THE MARINE CORPS ARMY NOMINATION OF PETER C. GOULD, TO BE COLO- PUBLIC OF AFGHANISTAN. NEL. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MELANNE VERVEER, OF THE DISTRICT OF COLUMBIA, ARMY NOMINATION OF GARRETT S. YEE, TO BE COLO- IN THE UNITED STATES MARINE CORPS RESERVE TO THE TO BE AMBASSADOR AT LARGE FOR WOMEN’S GLOBAL NEL. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ISSUES. ARMY NOMINATIONS BEGINNING WITH ROY L. BOURNE To be brigadier general AND ENDING WITH STANLEY W. SHEFTALL, WHICH NOMI- DEPARTMENT OF DEFENSE NATIONS WERE RECEIVED BY THE SENATE AND AP- JAMES N. MILLER, JR., OF VIRGINIA, TO BE DEPUTY COL. PAUL W. BRIER PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY UNDER SECRETARY OF DEFENSE FOR POLICY. COL. FRANS J. COETZEE 23, 2009. ARMY NOMINATION OF FRANK RODRIGUEZ, JR., TO BE ALEXANDER VERSHBOW, OF THE DISTRICT OF COLUM- IN THE AIR FORCE BIA, TO BE AN ASSISTANT SECRETARY OF DEFENSE. COLONEL. ARMY NOMINATION OF EDWARD E. TURSKI, TO BE AIR FORCE NOMINATIONS OF KATHY L. FULLERTON, TO DEPARTMENT OF HOMELAND SECURITY COLONEL. BE MAJOR. ARMY NOMINATION OF JOSEPH R. KRUPA, TO BE AIR FORCE NOMINATIONS BEGINNING WITH EMIL B. JANE HOLL LUTE, OF NEW YORK, TO BE DEPUTY SEC- MAJOR. RETARY OF HOMELAND SECURITY. KABBAN AND ENDING WITH STEPHEN H. WILLIAMS, ARMY NOMINATION OF KATHLEEN P. NAIMAN, TO BE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE OFFICE OF PERSONNEL MANAGEMENT MAJOR. AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING WITH JUAN G. ESTEVA JOHN BERRY, OF THE DISTRICT OF COLUMBIA, TO BE FEBRUARY 23, 2009. AND ENDING WITH THOMAS E. STARR, WHICH NOMINA- DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT AIR FORCE NOMINATIONS BEGINNING WITH BRIAN D. TIONS WERE RECEIVED BY THE SENATE AND APPEARED FOR A TERM OF FOUR YEARS. ANDERSON AND ENDING WITH MARGARET M. WALSH, IN THE CONGRESSIONAL RECORD ON FEBRUARY 25, 2009. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE SMALL BUSINESS ADMINISTRATION ARMY NOMINATIONS BEGINNING WITH ROBERT F. DON- AND APPEARED IN THE CONGRESSIONAL RECORD ON NELLY AND ENDING WITH ANGELICA REYES, WHICH FEBRUARY 23, 2009. KAREN GORDON MILLS, OF MAINE, TO BE ADMINIS- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATIONS BEGINNING WITH MARK T. TRATOR OF THE SMALL BUSINESS ADMINISTRATION. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ALLISON AND ENDING WITH PHILIP T. WOLD, WHICH 25, 2009. DEPARTMENT OF VETERANS AFFAIRS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH RICHARD H. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY DAHLMAN AND ENDING WITH DAVID A. STILLS, WHICH W. SCOTT GOULD, OF THE DISTRICT OF COLUMBIA, TO 23, 2009. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BE DEPUTY SECRETARY OF VETERANS AFFAIRS. AIR FORCE NOMINATIONS BEGINNING WITH TINA M. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY THE ABOVE NOMINATIONS WERE APPROVED SUBJECT BARBERMATTHEW AND ENDING WITH REGAN J. PAT- 25, 2009. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- RICK, WHICH NOMINATIONS WERE RECEIVED BY THE ARMY NOMINATIONS BEGINNING WITH JULIE S. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY SENATE AND APPEARED IN THE CONGRESSIONAL AKIYAMA AND ENDING WITH ANDREW L. HAGEMASTER, CONSTITUTED COMMITTEE OF THE SENATE. RECORD ON FEBRUARY 23, 2009. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE DEPARTMENT OF AGRICULTURE AIR FORCE NOMINATIONS BEGINNING WITH JAMES J. AND APPEARED IN THE CONGRESSIONAL RECORD ON BALDOCK IV AND ENDING WITH BRENDA L. YI, WHICH FEBRUARY 25, 2009. JAMES W. MILLER, OF VIRGINIA, TO BE UNDER SEC- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH MICHAEL L. RETARY OF AGRICULTURE FOR FARM AND FOREIGN AG- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY NIPPERT AND ENDING WITH JOHN K. GOERTMILLER, RICULTURAL SERVICES. 23, 2009. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE KATHLEEN A. MERRIGAN, OF MASSACHUSETTS, TO BE AIR FORCE NOMINATIONS BEGINNING WITH LISA L. AND APPEARED IN THE CONGRESSIONAL RECORD ON DEPUTY SECRETARY OF AGRICULTURE. ADAMS AND ENDING WITH RICHARD J. ZAVADIL, WHICH FEBRUARY 25, 2009. JOE LEONARD, JR., OF THE DISTRICT OF COLUMBIA, TO NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH MARTIN L. BE AN ASSISTANT SECRETARY OF AGRICULTURE. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BADEGIAN AND ENDING WITH MARK J. HODD, WHICH IN THE AIR FORCE 23, 2009. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATIONS BEGINNING WITH ARIEL O. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ACEBAL AND ENDING WITH STEVEN M. ZUBOWICZ, WHICH 25, 2009. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH DEBRA H. BUR- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TON AND ENDING WITH LEE D. SCHNELL, WHICH NOMINA- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 23, 2009. TIONS WERE RECEIVED BY THE SENATE AND APPEARED 601: AIR FORCE NOMINATION OF JONATHON V. LAMMERS, IN THE CONGRESSIONAL RECORD ON FEBRUARY 25, 2009. TO BE LIEUTENANT COLONEL . ARMY NOMINATIONS BEGINNING WITH PAUL P. BRY- To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH GARY A. ANT AND ENDING WITH CHRISTOPHER R. WARD, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJ. GEN. MICHAEL C. GOULD FOSKEY AND ENDING WITH CONNIE L.WARR, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 25, 2009. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- 25, 2009. ARMY NOMINATIONS BEGINNING WITH ROBERT J. AB- CATED UNDER TITLE 10. U.S.C., SECTION 12203: AIR FORCE NOMINATIONS BEGINNING WITH BRYSON D. BOTT AND ENDING WITH PATRICK J. WOOLSEY, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be brigadier general BORG AND ENDING WITH DEXTER W. LOVE, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 25, 2009. COL. DEBRA A. SCULLARY PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 25, 2009. ARMY NOMINATIONS BEGINNING WITH VANESSA A. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH GEORGE B. BERRY AND ENDING WITH SCOTT F. YOUNG, WHICH NOMI- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- GOSTING AND ENDING WITH JOSEPH S. PARK, WHICH NATIONS WERE RECEIVED BY THE SENATE AND AP- CATED UNDER TITLE 10, U.S.C., SECTION 12203: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY PEARED IN THE CONGRESSIONAL RECORD ON MARCH 10, 25, 2009. To be major general ARMY NOMINATIONS BEGINNING WITH EFREN E. RECTO 2009. AND ENDING WITH WILLIAM A. WOLKSTEIN, WHICH NOMI- BRIGADIER GENERAL ROGER A. BINDER AIR FORCE NOMINATIONS BEGINNING WITH RICHARD D. NATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL DAVID L. COMMONS BAKER AND ENDING WITH GREGORY B. YORK, WHICH PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BRIGADIER GENERAL ANITA R. GALLENTINE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 25, 2009. BRIGADIER GENERAL CARL M. SKINNER PEARED IN THE CONGRESSIONAL RECORD ON MARCH 10, ARMY NOMINATIONS BEGINNING WITH SUZANNE D. BRIGADIER GENERAL HOWARD N. THOMPSON 2009. ADKINSON AND ENDING WITH BRANDON S. WATKINS, BRIGADIER GENERAL PAUL M. VAN SICKLE AIR FORCE NOMINATIONS BEGINNING WITH JEFFREY L. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ANDRUS AND ENDING WITH ROSE M. WOJCIK, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FEBRUARY 25, 2009. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 10, CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATIONS BEGINNING WITH THOMAS M. 2009. CARDEN, JR. AND ENDING WITH ANTHONY WOODS, WHICH To be brigadier general AIR FORCE NOMINATIONS BEGINNING WITH FEDERICO NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- C. AQUINO, JR. AND ENDING WITH JUNKO YAMAMOTO, PEARED IN THE CONGRESSIONAL RECORD ON MARCH 10, COLONEL WILLIAM B. BINGER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2009. COLONEL CATHERINE A. CHILTON AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATION OF LAURA K. LESTER, TO BE COLONEL JAMES A. FIRTH MARCH 10, 2009. MAJOR. COLONEL ROBERT M. HAIRE AIR FORCE NOMINATIONS BEGINNING WITH JOSELITA ARMY NOMINATION OF BRIGITTE BELANGER, TO BE COLONEL STAYCE D. HARRIS M. ABELEDA AND ENDING WITH GABRIEL ZIMMERER, MAJOR. COLONEL THOMAS P. HARWOOD III WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF MITZI A. RIVERA, TO BE MAJOR. COLONEL MARYANNE MILLER AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATION OF CATHERINE B. EVANS, TO BE COLONEL PAMELA K. MILLIGAN MARCH 10, 2009. MAJOR. COLONEL ROBERT K. MILLMANN, JR. AIR FORCE NOMINATIONS BEGINNING WITH THOMAS J. ARMY NOMINATION OF VICTOR G. KELLY, TO BE COLONEL JAMES J. MUSCATELL, JR. BAUER AND ENDING WITH STACEY E. ZAIKOSKI, WHICH MAJOR. COLONEL DENNIS P. PLOYER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF RYAN T. CHOATE, TO BE MAJOR. COLONEL KEVIN E. POTTINGER PEARED IN THE CONGRESSIONAL RECORD ON MARCH 10, ARMY NOMINATIONS BEGINNING WITH RAFAEL A. COLONEL DEREK P. RYDHOLM 2009. CABRERA AND ENDING WITH CARL J. TADAKI, WHICH COLONEL GEORGE F. WILLIAMS AIR FORCE NOMINATIONS BEGINNING WITH AMANDA J. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE ARMY ADAMS AND ENDING WITH DON L. ZUST, JR., WHICH PEARED IN THE CONGRESSIONAL RECORD ON MARCH 17, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2009. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON MARCH 10, ARMY NOMINATIONS BEGINNING WITH ROBERT A. IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2009. BORCHERDING AND ENDING WITH MICHAEL C. WONG, UNDER TITLE 10, U.S.C., SECTION 624: AIR FORCE NOMINATIONS BEGINNING WITH XAVIER A. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NGUYEN AND ENDING WITH JENNIFER A. TAY, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON To be major general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARCH 17, 2009. BRIG. GEN. VINCENT K. BROOKS PEARED IN THE CONGRESSIONAL RECORD ON MARCH 17, ARMY NOMINATION OF VICTOR J. TORRES-FERNANDEZ, 2009. TO BE MAJOR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH JOHN M. ARMY NOMINATIONS BEGINNING WITH JOSEPH IN THE UNITED STATES ARMY TO THE GRADE INDICATED BEENE II AND ENDING WITH ELIZAEBTH N. SMITH, WHICH ANGERER AND ENDING WITH MATTHEW J. YANDURA, UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE To be major general PEARED IN THE CONGRESSIONAL RECORD ON MARCH 17, AND APPEARED IN THE CONGRESSIONAL RECORD ON 2009. MARCH 25, 2009. BRIG. GEN. JAMES K. GILMAN AIR FORCE NOMINATION OF RYAN G. MCPHERSON, TO ARMY NOMINATIONS BEGINNING WITH TED R. BATES BRIG. GEN. PHILIP VOLPE BE MAJOR. AND ENDING WITH PETER M. MENICUCCI, WHICH NOMINA- AIR FORCE NOMINATION OF MARK J. IVEY, TO BE COLO- TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NEL. IN THE CONGRESSIONAL RECORD ON MARCH 25, 2009. IN THE UNITED STATES ARMY TO THE GRADE INDICATED AIR FORCE NOMINATIONS BEGINNING WITH CHRIS- ARMY NOMINATIONS BEGINNING WITH JOHN M. DIAZ UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: TOPHER B. BENNETT AND ENDING WITH DAVID J. WEST- AND ENDING WITH LAVORE L. RICHMOND, JR., WHICH To be brigadier general ERN, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ATE AND APPEARED IN THE CONGRESSIONAL RECORD PEARED IN THE CONGRESSIONAL RECORD ON MARCH 25, COL. WILLIAM B. GAMBLE ON MARCH 25, 2009. 2009.

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ARMY NOMINATIONS BEGINNING WITH LUISA WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF DAVID M. DROMSKY, TO BE COM- SANTIAGO AND ENDING WITH YEVGENY S. VINDMAN, AND APPEARED IN THE CONGRESSIONAL RECORD ON MANDER. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE FEBRUARY 23, 2009. NAVY NOMINATION OF JED R. ESPIRITU, TO BE LIEU- AND APPEARED IN THE CONGRESSIONAL RECORD ON MARINE CORPS NOMINATIONS BEGINNING WITH DEREK TENANT COMMANDER. MARCH 25, 2009. M. ABBEY AND ENDING WITH ROBERT B. ZWAYER, WHICH NAVY NOMINATIONS BEGINNING WITH CHARLES C. ARMY NOMINATIONS BEGINNING WITH RANDALL W. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ADKISON AND ENDING WITH TRICIA L. TEAS, WHICH COWELL AND ENDING WITH DANIEL M. ZERBY, WHICH PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 25, 2009. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY PEARED IN THE CONGRESSIONAL RECORD ON MARCH 25, MARINE CORPS NOMINATIONS BEGINNING WITH 23, 2009. 2009. HARALD AAGAARD AND ENDING WITH MARK W. ZIPSIE, NAVY NOMINATIONS BEGINNING WITH GREGORY G. ARMY NOMINATIONS BEGINNING WITH ALBERT J. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE GALYO AND ENDING WITH OLIVER C. MINIMO, WHICH ADKINSON AND ENDING WITH WILLIAM E. WYNNS, JR., AND APPEARED IN THE CONGRESSIONAL RECORD ON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE FEBRUARY 25, 2009. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 10, AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE NAVY 2009. MARCH 25, 2009. NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER G. IN THE MARINE CORPS NAVY NOMINATION OF SCOTT D. SHIVER, TO BE CAP- CUNNINGHAM AND ENDING WITH CHRISTOPHER A. WIL- TAIN. LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE MARINE CORPS NOMINATIONS BEGINNING WITH DAVID NAVY NOMINATIONS BEGINNING WITH STEVEN A. SENATE AND APPEARED IN THE CONGRESSIONAL G. ANTONIK AND ENDING WITH STEVEN D. PETERSON, KHALIL AND ENDING WITH DAVID B. ROSENBERG, WHICH RECORD ON MARCH 25, 2009. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH JANET L. JACK- AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY SON AND ENDING WITH TODD M. SULLIVAN, WHICH NOMI- FEBRUARY 23, 2009. 23, 2009. NATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH KELLY NAVY NOMINATION OF MIGUEL GONZALEZ, TO BE CAP- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 25, P. ALEXANDER AND ENDING WITH ANTHONE R. WRIGHT, TAIN. 2009.

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