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

Vol. 156 WASHINGTON, TUESDAY, FEBRUARY 9, 2010 No. 20 Senate (Legislative day of Monday, February 8, 2010)

The Senate met at 2 p.m., on the ex- appoint the Honorable MARK BEGICH, a Sen- legislation. It started with a bipartisan piration of the recess, and was called to ator from the State of Alaska, to perform jobs tax credit with HATCH and SCHU- order by the Honorable MARK BEGICH, a the duties of the Chair. MER; we have a section 171 small busi- Senator from the State of Alaska. ROBERT C. BYRD, ness tax issue that small businesses are President pro tempore. really looking for; we have a highway PRAYER Mr. BEGICH thereupon assumed the bill extension; and we also have Build chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- America Bonds. fered the following prayer: f We also, prior to the end of this Let us pray. month, have to do some things that are RECOGNITION OF THE MAJORITY extremely important to the country. Our Father, whose power is unsearch- LEADER able and whose judgments are a great We have to extend the PATRIOT Act. The ACTING PRESIDENT pro tem- We have a number of other things we deep, we quiet our hearts today in Your pore. The majority leader is recog- have to extend. We have only been able presence. nized. to get agreement to extend those for Give to our lawmakers a reverential short periods of time, but they need to awe of You, which is the beginning of f be done—some tax extenders. We have wisdom. May they use this wisdom to SCHEDULE to do a number of those things. We amend the defective, leading people to Mr. REID. Mr. President, the issue hope we can merge the two. We will choose life and blessings. Lord, let this before the Senate today is what we do make that determination, how we are high place of governance become the with Mother Nature. Mother Nature going to do that, in the next few hours. audience chamber of Your presence, as has been very difficult to deal with. We have a message that we can use You provide our Senators with courage The Presiding Officer, being from the from the House, so we do not need per- in the midst of fear, faith in the midst State of Alaska, is used to this kind of mission to move to that. of doubt, and hope in the midst of de- weather, but most of us are not. We The issue before the Senate and the spair. have one snowstorm and that is usu- decision I have to make after speaking We pray in Your sacred Name. Amen. ally it for the year, but we have had a to the Republican leader is what we do f series of them this year. Maybe it is a when we come back here on Thursday. We will have an intervening day. I PLEDGE OF ALLEGIANCE result of the Senator from Alaska bringing the weather with him. would rather not be in session tomor- The Honorable MARK BEGICH led the What we are trying to do—we don’t row if, in fact, we have to file cloture on that package I just talked about. I Pledge of Allegiance, as follows: have it worked out yet—we may be have told everyone what I think would I pledge allegiance to the Flag of the able to get consent to start the judge be the appropriate way to do it is to United States of America, and to the Repub- vote pretty soon and have that run for lic for which it stands, one nation under God, get on that bill and to have some a reasonable period of time and then indivisible, with liberty and justice for all. amendments on both sides. I hope we have the second vote be open for some f can do that. We really need to finish considerable period of time so that peo- the bill this week. I hope we can do APPOINTMENT OF ACTING ple, if they are here, could vote on both that in a reasonable time. PRESIDENT PRO TEMPORE and then go home if they are Wash- It appears from what I have been able ington residents or some people who The PRESIDING OFFICER. The to determine that the storm will end are having trouble getting here could clerk will please read a communication sometime early tomorrow evening. The be here on time to vote on that. We are to the Senate from the President pro problem is, the streets in the DC area close to being able to work that out. tempore (Mr. BYRD). are pretty difficult, so we would have I would also say we are contem- The legislative clerk read the fol- to make sure everyone has time Thurs- plating, if we can work out the proce- lowing letter: day to get here. There are some people dural difficulties, not being in session who live in the suburbs when they are U.S. SENATE, tomorrow. We have some things we PRESIDENT PRO TEMPORE, in Washington, so we have to make Washington, DC, February 9, 2010. have to work out prior to that time be- sure they have time to get here. To the Senate: cause, as most everyone knows, we Anyway, we are working on these Under the provisions of rule I, paragraph 3, have been working on a bill to end this issues. We have the Presidents Day re- of the Standing Rules of the Senate, I hereby work period. It is really a nice piece of cess. I hope we do not have to work

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

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But I will be happy to open up the No. 1, inflate the dollar; No. 2, raise ate jobs immediately—not next year vehicle and have people offer amend- taxes; No. 3, cut spending; and No. 4, but now. ments. I have no concern at this stage increase economic growth. Let me So I hope we can work through this. about, frankly, whether the amend- briefly discuss each. I have had one discussion already with ments are germane or relevant, just if First, inflation. Inflation is tempting the Republican leader today, and I will people want to offer amendments on for governments looking to mitigate have some more before the day is out. some subject and to have the ability on their debt problem, but its economic That is about the best information I both sides to do that, we should be able consequences are catastrophic. As can give Senators for the time being. to do that. President Ronald Reagan famously f f said, inflation is ‘‘as violent as a mug- RECOGNITION OF THE MINORITY RESERVATION OF LEADER TIME ger, as frightening as an armed robber, LEADER and as deadly as a hit man.’’ Although The ACTING PRESIDENT pro tem- America has not experienced painfully The ACTING PRESIDENT pro tem- pore. Under the previous order, the high consumer price inflation since the pore. The Republican leader is recog- leadership time is reserved. late 1970s and early 1980s, we all re- nized f member what it took to kill that infla- f EXECUTIVE SESSION tion: soaring interest rates and a deep REPUBLICAN SUPPORT recession, the worst since the Second World War. As former Wall Street Mr. MCCONNELL. If I may, I missed NOMINATIONS OF JOSEPH A. Journal editor George Melloan notes in the first part of what my friend was GREENAWAY, JR., TO BE UNITED his new book, ‘‘The Great Money saying, but I think I understand the STATES CIRCUIT JUDGE FOR Binge,’’ inflation is ‘‘a tax no one can gist of it because we had an oppor- THE THIRD CIRCUIT, AND CRAIG escape.’’ And it is one that dispropor- tunity to talk a couple of times today. BECKER, TO BE A MEMBER OF tionately hurts lower and middle-in- The dilemma we currently have on THE NATIONAL LABOR RELA- come Americans and older Americans the proposal the majority leader is re- TIONS BOARD with savings. ferring to is that I believe it is the case that not all members of the Finance The ACTING PRESIDENT pro tem- Taxes, a second option for trimming Committee are yet fully aware of what pore. Under the previous order, the our debt burden, would have to be the package may look like. We also do Senate will resume consideration of raised significantly. But, of course, not have an entire conference that un- the following two matters, which the raising taxes is the last thing we derstands it yet. If we are talking clerk will report. should do amid a tentative economic about a roughly $80 billion package, no The legislative clerk read the nomi- recovery. For evidence of what taxes do matter how it may be labeled—whether nations of Joseph A. Greenaway, Jr., of to a shaky economy, look at what hap- it is another stimulus, whether it is a New Jersey, to be United States Cir- pened during Japan’s lost decade. In jobs bill, whether it is a combination of cuit Judge for the Third Circuit, and the early 1990s, the Japanese experi- both—I would say to my friend that my Craig Becker, of Illinois, to be a mem- enced a stock market crash, a financial members need to be able to feel as if ber of the National Labor Relations crisis, and a recession. The government they understand what they are being Board. took several steps to address the down- called upon to support. So the sooner The ACTING PRESIDENT pro tem- turn. Among other things, it reduced we could get the parameters of the pore. Under the previous order, the income taxes. Then, just as the Japa- final package, the better. time until 5 p.m. will be equally di- nese economy was recovering—thanks The ACTING PRESIDENT pro tem- vided and controlled between the lead- partly to these tax cuts—the govern- pore. The majority leader. ers or their designees. ment raised taxes. The result: Japan Mr. REID. I hope to be able to get The Senator from Arizona is recog- fell back into recession. I hope the ad- something to the Republican leader nized. ministration keeps this history in very soon. I was told an hour ago that Mr. KYL. Mr. President, I ask unani- mind before raising taxes at the end of the document is completed. I hope that mous consent to speak as in morning the year, as President Obama has is the case. business for up to 10 minutes. pledged to do. I do say to everyone in the Senate at The ACTING PRESIDENT pro tem- A third way to lower the national this time that we want to work pore. Without objection, it is so or- debt would be to cut Federal spending, through this in an orderly way. I want dered. which is always painful for Congress to make sure both the Republican con- PAYING DOWN THE DEBT but particularly in a situation such as ference and the Democratic conference Mr. KYL. Mr. President, recent warn- this one is absolutely necessary. The have a chance to see the bill. That is ings from Moody’s that the United administration has been touting a tem- fair and that is what we need to do. But States will have to begin addressing porary spending freeze that would I do say to everyone, in addition to our debt in order to avoid downgrading begin next year, but this freeze would that, if, in fact, there is a procedural our triple-A bond rating mean that we apply only to discretionary nondefense deadlock we find ourselves in Thursday have to get serious about doing some- spending which comprises a small frac- because of filing cloture on this pack- thing about the latest deficit and debt tion of the total budget, about 13 per- age—I have explained to everyone that projections. The President’s new budg- cent. Moreover, this freeze doesn’t go I have no intention of trying to jam et proposal estimates that the Federal into effect until the next fiscal year, anybody on this. It is a jobs bill. We deficit for fiscal year 2010 will be and it would not apply to the new stim- have to let the American people know roughly $1.6 trillion, the largest in ulus bill the Senate will soon take up. we are really trying hard to get some- American history. It also projects that There is a lot of waste in government, thing done that will create jobs imme- the deficit we will accumulate over the and we have to look even harder for ad- diately. So I will do my very best to next decade will increase the U.S. na- ditional ways to save and be more re- make sure everybody has an oppor- tional debt by $8.5 trillion. By the year sponsible with Americans’ money. tunity to see everything on this pro- to 2020, our total public debt will have Spending less is the only real way to posed legislation. surpassed $18 trillion and will make up work off the debt in the long term. If we wind up Thursday on this legis- an astounding 77 percent of gross do- The fourth way to get out of this lation, I will continue being as cooper- mestic product. debt is through economic growth, but

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A state- est rates and squelching investment. decisions presently pending before the ment opposing Mr. Becker’s nomina- Economists Carmen Reinhart and Ken- Board. tion from the National Association of neth Rogoff lay hard numbers to this Now, it is one thing to come from Manufacturers, the Nation’s largest in- claim in a new paper entitled ‘‘Growth private law practice representing em- dustrial trade association, states: in a Time of Debt.’’ They write: ployers or unions as clients under the The NAM firmly believes that NLRB mem- When gross external debt reaches 60 per- circumstances. It is quite another to bers charged with administering our nation’s cent of GDP, annual growth declines by come to the Board directly from being labors laws should protect the principles of about 2 percent; for levels of external debt in an officer and associate general coun- fairness and balance that characterize our excess of 90 percent of GDP, growth rates are sel of a labor organization with, as labor law system. Employees should have the roughly cut in half. mentioned, substantial interests in right to information from both employers Remember, the President’s budget multiple matters pending or that will and union officials and the time to review that information in order to better make im- projects debt to reach 77 percent of be pending before the Board. GDP by 2020. So even though growth portant decisions that impact their jobs and Last week’s hearing was clearly nec- families. could eventually enable us to manage essary, as it revealed that while Mr. Unfortunately, Mr. Becker’s interpretation and, over time, reduce and perhaps Becker will recuse himself for a period of our labor laws does not reflect these prin- even eliminate our debt, there is a of 2 years, and only for 2 years, from ciples and casts serious doubt on his ability point at which the amount of debt those instances when his former em- to administer our nation’s laws in an unbi- itself inhibits growth, our ability to ployers, the international unions, are a ased manner. We are particularly concerned grow, and obviously we have to tackle party in a Board proceeding, he did not with Mr. Becker’s writings in academic jour- the problem of increasing debt, in- nals that argue that the NLRB should limit commit to recuse himself from cases the ability of employers to communicate creasing spending, even if we are to raising issues in which the inter- hope to grow our way out of the debt with their employees during union orga- nationals are involved or impacted, and nizing campaigns. Specifically, Mr. Becker problem we have. he did not commit to recuse himself has claimed in a 1993 Minnesota Law Review Over the long term then, the only from cases involving the locals of those article that ‘‘the core defect in union elec- way to permanently lower our debt is two international unions. tion law . . . is the employer’s status as a to hold Federal spending in check and Parties before the Board, whether party to labor representation proceedings.’’ promote strong economic growth such union or employer, have a right to a Mr. Becker has asserted views that the as through lower taxes. This has prov- NLRB should rewrite union election rules in fair and impartial tribunal. The con- favor of union organizers. Such policy deci- en to work time and time again. firmation of an officer and associate Whether we look to the 1920s, the sions should only be determined by Congress. general counsel of two of our Nation’s 1960s, or the 1980s, history shows us The NAM is particularly concerned that if largest unions for a term on the Na- that reducing marginal income tax confirmed, Mr. Becker would seek to ad- tional Labor Relations Board will vance aspects of the jobs-killing Employee rates is a highly effective way to stim- make the appearance of justice and Free Choice Act through actions of the ulate an economic expansion. To that many of the decisions in which he par- NLRB. end, I hope the administration decides ticipates impossible to achieve. From the U.S. Chamber of Com- to make the 2001 and 2003 tax cuts per- Further, to the extent he interprets merce, that has only opposed three manent. the act to adopt the policy imperatives nominees in the last 30 years, I quote I also hope it reconsiders its plan to of the SEIU or the AFL–CIO and not from the U.S. Chamber’s statement: raise taxes on U.S. multinational cor- those expressed by Congress in the act, porations. The administration argues This is only the third time in more than 30 he will further undermine the Board years that the Chamber has opposed a nomi- that many U.S. corporations are keep- and sow cynicism in the labor/manage- nee to the Board, most recently the 1993 ing their profits overseas. But as the ment community as well as amongst nomination of William B. Gould. Mr. Becker Cato Institute economist Chris Ed- workers whose rights to engage in pro- has written prolifically about the National wards pointed out, the reason that U.S. Labor Relations Act, the law he would be tected concerted activity or refrain multinationals are moving their profits charged with interpreting and enforcing from doing so are protected under the abroad is that America has the second should he be confirmed. Many of the posi- act. tions taken in his writings are well outside highest corporate tax rate in the devel- Mr. Becker’s writings suggest that he oped world. Only Japan has a higher the mainstream and would disrupt years of believes the Board can implement pro- established precedent and the delicate bal- rate. visions of the Employee Free Choice ance in current labor law. These positions Lowering corporate income taxes Act into labor law through decisions of have raised significant concerns in the em- would spur investment and job creation the Board. This view suggesting the ployer community. Among those concerns at home and make us more competitive Board can do what Congress has not are the extent to which Mr. Becker would re- abroad. Keeping marginal tax rates strictively interpret employers’ free speech authorized should raise concerns with where they are would enable small rights and the extent to which he would seek my colleagues on both sides of the business entrepreneurs to begin hiring to expand the use of intermittent strikes and aisle. other forms of work stoppages that disrupt and expanding. That is the key to re- Let me read a quote from Mr. Beck- covery and to debt reduction. the right of employers to maintain oper- er’s colleague, Mr. Stewart Acuff, the ations during labor disputes. So, again, strong growth and spend- AFL–CIO’s director of organizing from ing discipline is the only sustainable There may be no one ever nominated a February 3, 2010, posting on the Huff- solution to the debt problem. I urge my to the NLRB more opposed by the busi- ington Post. This is just last week. colleagues to keep this in mind as we ness community in the entire history We are very close to the 60 votes we need. of the NLRB. Are we to believe that continue to debate this matter. If we are not able to pass the Employee Free I yield the floor. the President could not find a single Choice Act, we will work with President person in America who would not elicit The ACTING PRESIDENT pro tem- Obama and Vice President Biden and their pore. The Senator from Arizona. appointees to the National Labor Relations this kind of response due to their bias? Mr. MCCAIN. Mr. President, I rise in Board to change the rules governing forming Last week, over 500 employers signed a opposition to the nomination of Mr. a union through administrative action to letter opposing Mr. Becker’s nomina- Craig Becker to be a member of the Na- once again allow workers in America access tion; 23 major business associations op- tional Labor Relations Board. Mr. to one of the most basic freedoms in a de- pose Mr. Becker’s nomination. Craig Becker is the first person—I re- mocracy. Mr. Becker’s views speak for them- peat, the first person—nominated for a This is clear. This is clear. Mr. Beck- selves. But his supporters on the left term on the National Labor Relations er’s colleague, Mr. Acuff, clearly indi- have explained in full view why they Board who comes directly from a labor cates what Mr. Becker’s agenda would are attempting to seat Mr. Becker. organization. be, which would be to violate what is From the authors in the left-leaning Mr. Becker is an officer and associate absolutely only a prerogative of the publication, The Nation, ‘‘Obama’s general counsel of two of our Nation’s Congress of the United States. This Pro-Union Nominations to the Labor

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S512 CONGRESSIONAL RECORD — SENATE February 9, 2010 Relations Board Stalled,’’ January 20, Mr. DURBIN. Mr. President, if you graceful, levels, where people who are 2010: take a look at the history of this great at the highest rungs of corporate The battle over nominations to the NLRB, Nation, at least in my lifetime, you America are drawing salaries and bo- even more than EFCA, may be what really cannot miss what happened to America nuses dramatically higher than the determine the extent of labor’s gains under immediately after World War II. Vet- people who work for them, who actu- Obama. Should Obama persevere and see his erans came back from that war, thou- ally are productive and doing a good nominations confirmed, there is reason to sands of them, and they were greeted day’s work. believe that much of what organized labor Many of us believe there is an imbal- hopes to accomplish via EFCA will be real- with the GI bill, which opened the door ized through the rule-making power of the for them to buy homes, start busi- ance here. It is an imbalance that has NLRB. nesses, start an education, and find been created deliberately over the If there was any doubt about the euphoria good jobs. years. As business interests have had on the left, look no further than what Wade It may have been one of the most more power in Washington, they have Rathke, the chief organizer of Community amazing, progressive, positive things made it increasingly difficult for work- Organizations International, formally Acorn we have ever done in our Nation’s his- ers to exercise their rights in their International, founder and chief organizer of Acorn, and founder and chief organizer of tory: to take a war effort and bring it workplaces to organize and speak for Local 100, Service Employees International home to create an economic effort in themselves. The agency that is sup- Union, recently wrote: America. Businesses were springing up posed to be the referee in this battle is For my money Craig [Becker’s] signal con- in every direction. Workers were find- the National Labor Relations Board. tribution has been his work in crafting and ing jobs and building homes. It was a They look for unfair practices by ei- executing the legal strategies which have al- wonderful time in our Nation’s history. ther the workers attempting to orga- lowed the . . . effective organization of infor- Parallel to that GI bill and economic nize or the business which is being or- mal workers—home health and home day care—has been the great, exceptional success development was the rise of unionism ganized. They basically stand by a story within the American labor movement in America. More and more workers principle which we all respect; that is, for our generation, leading us to the [forced were able to go into their workplace if a majority of the workers want to dues] of perhaps a half-million such workers and bargain collectively for the basics bargain collectively, they should have in unions such as SEIU, AFSCME, CWA, and that people need: safety in the work- the right to do that, to organize in a the AFT. place, a living wage. So if you work 40 union, if they wish it. Becker is ‘‘the key lawyer from the begin- hours a week, you can make enough But we know what happens. When or- ning in the early 1980s who was able to piece together the arguments and representation money to take care of yourself and ganizers come to many businesses—not that allowed those of us involved in trying to raise a family, retirement benefits, all of them but many of them—and try organize home health care workers in Illi- health care benefits. These all came to speak to the employees and tell nois, Massachusetts, and elsewhere. . . . about at that same period of time after them: Here is what we can offer for you [Becker’s] role was often behind the scenes World War II. The rise of the American if you will join our union, if you will devising the strategy with the organizer and economy, with the returning veterans, join with your other coworkers in bar- lawyers, writing the briefs for others to file, and the rise in the number of people gaining together, many times they are and putting all of the pieces together, but he was the go-to-guy on all of this.’’ who were belonging to labor unions, in not only shunned, they are sent away. If they are fortunate enough to come Rathke concludes: parallel, brought the middle class into reality in America. up with a majority of workers who I can remember Keith Kelleher negotiating It was a positive force across our Na- want to move toward unionizing, they the subsidy for the SEIU Local 880 in Chi- cago and always making sure there was the tion. I know a little bit about it with find themselves facing legal battles, money for the organizers, but that SEIU was my own personal family experience. one after the other, going on for lit- also willing to allow access to Craig. . . . My mother, my father, my two broth- erally years, until you literally wear I just received this, from Alison ers, and I worked for a railroad in east out the people who are trying to orga- Reardon of the Service Employees St. Louis, IL. Dad was a labor orga- nize that plant. International Union, who came out nizer. He was not a high-ranking offi- Complicit in that many times has with an e-mail today that reads: cial, but he was a proud member of the been the National Labor Relations Senator, your attendance is crucial to ap- Brotherhood of Railway Clerks; mom Board. Without effective and forceful pointing Craig Becker to the National Labor the same. I worked various times in enforcement of the laws that exist, Relations Board. Please attend Thursday’s summer jobs at that same railroad. I without a sense of urgency in decision- HELP [executive] Session to report out knew I was going to get not a lavish making, this agency has allowed so President Obama’s nomination of Craig salary but a decent salary for my work many workers in America to fall by the Becker for Senate confirmation. This is the and have good conditions because that wayside and not have a chance to stand highest priority for organized labor, and Ma- for themselves. Occasionally, it jority Leader Reid will file Cloture on Friday union had sat down and bargained so I 2/5, and has assured us [the] Senate will vote would be recognized as an employee reaches outrageous levels. We saw that to end debate at 5 p.m. Monday 2/8. and protected in terms of the work I in the case of Lilly Ledbetter, a person So when this President was elected, did. It made sure I was fairly paid. who was in a management position, in- he said he would govern from the cen- The same thing was true of many cidentally, at a tire manufacturer ter. If Craig Becker’s nomination is ap- other families, union families, all down in Alabama. She was being dis- proved, we will see the undermining of across America. My mom and dad made criminated against in the workplace. a longstanding practice in labor law it to the 8th grade. They sent their The laws could not protect her—at that should be the prerogative of the boys on to high school and to college least they did not protect her—and she United States Congress. and I managed to finish law school. It took her case to court. The Supreme If the Congress of the United States, was the American dream, and Amer- Court of the United States threw her in its wisdom, or ignorance, decides to ican unions played a big role in real- case out, even though she clearly had pass EFCA, then that is an act of Con- izing that dream. been discriminated against. We had to gress. It should not happen. Card check Now what has happened? Fewer and change the law in America because dis- should not happen because of an fewer Americans belong to labor crimination does take place in the unelected bureaucracy, and the Na- unions. Fewer and fewer Americans are workplace and because we say in this tional Labor Relations Board is the one able to bargain collectively for decent country people should be treated fairly. to do it. Mr. Becker would have that, wages and working conditions and the Now the unions come to us and say: obviously my conclusion, on his agen- basic benefits we would expect. What We want to change the way we orga- da. did we see happening across America as nize the workplace. They put together I urge my colleagues to vote no on a result of that trend? A growing dis- the Employee Free Choice Act. That is the cloture motion on Mr. Becker’s parity in terms of the wages earned by their term for the legislation that has nomination. working people and the amount of been offered. It offers a new alternative I yield the floor. money being paid to those who were to gauging whether a majority truly The ACTING PRESIDENT pro tem- the officers of corporations. That dis- wants to organize a workplace. That pore. The Senator from Illinois. parity has reached shocking, if not dis- bill has been considered in the other

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S513 body. It has not been called in this locked on issues. It has led to many work and make the National Labor Re- body, and it is unlikely it will ever be legal questions being raised about the lations Board work. called or passed in its original form. validity of the Board’s decisions. When I look at some of the statistics But many of us realize it is only fair to Craig Becker is an accomplished law- about what is going on—the number of make some changes in the way these yer and academic. As associate general contested decisions issued by the Na- workplaces are organized, so if a ma- counsel for the Service Employees tional Labor Relations Board, on a 4- jority of workers truly do want to or- International Union, Craig Becker year average, is 426; and the time it ganize, they have that right, they are worked to protect the rights of workers takes them, the processing time from not harassed and intimidated, threat- to organize. He has argued labor and charge to Board decision is 782 days, ened and fired because they are exer- employment law cases at most levels of more than 2 years—it tells me they cising their right under the law to con- the Federal court system, including in have broken down in terms of their sider belonging to a union or voting in the Supreme Court of the United basic responsibility under the law. favor of belonging to a union. States. Is there anyone who questions If we keep it at two members, and Part of this whole discussion relates this man is qualified for this job? He people can question the validity of any to the National Labor Relations Board. taught labor law at UCLA, the Univer- of their decisions, then those who want Before the Senate today is the nomina- sity of Chicago, and Georgetown Uni- to make sure the National Labor Rela- tion of Craig Becker from the State of versity. His research and academic tions Board is not an effective working Illinois to be a member of the National work is well respected and cited by force in our government may have Labor Relations Board. You have just many others in the field. their way. I hope they do not. I cer- heard Senator MCCAIN come and talk He was first nominated to fill one of tainly hope we will reach a point where about Mr. Becker’s activities. Senator the three openings at the NLRB in July we will approve this man who has stood MCCAIN is my friend. He and I see 2009. He was renominated by President before the HELP Committee and this America and perhaps the world in Obama just last month. Both last year Senate on two separate occasions, an- slightly different perspectives from and last month, the HELP Com- swering all the questions that have time to time, and we certainly do in mittee—which is chaired by my friend, been offered. He comes with solid cre- this case. Senator TOM HARKIN of Iowa, who will dentials, in terms of his legal knowl- The Senator from Arizona was crit- be on the floor with the ranking minor- edge as well as his life experience. He is ical of Mr. Becker, saying, well, he was ity member, Senator ENZI—approved a person who I know has worked hard an active organizer for the Service Em- his nomination. Since he was nomi- to help those less fortunate who are ployees International Union. That is a nated, Mr. Becker has responded to looking for a chance for a living wage fact. The fact is, he worked for them in over 300 written questions from Repub- and decent working conditions. an effort to try to organize workplaces, lican Senators—more than nearly any Are we going to say anyone who and in many respects he was success- other nominee. I do not know how comes to the National Labor Relations ful. That was his job. It was nothing il- many questions are asked of Supreme Board who has worked for a labor legal. It was an honorable, legal effort Court nominees, but when you ask 300 union is disqualified? Is that the posi- tion being taken by some? I hope not. on his part to give voice to employees questions, it is pretty clear it goes be- That is fundamentally unfair. It is who otherwise did not have one. Some yond needing some information. The akin to saying anyone who owned a of the service employee unions, inci- idea is to try to trip up the nominee or business could not be a member of the dentally, represent people with very ask so many questions you will wear National Labor Relations Board. I modest jobs, people who may be doing them out. He has met personally with would not agree with that. custodial work or basic maintenance every interested Senator who has I think we need fairness and balance work or who are overlooked in many wanted to ask him his own personal and impartiality. I think Craig Becker organizing efforts. So Mr. Becker was views. He has addressed the concerns of will bring that. So I hope my col- fighting for them. He was fighting to Senators in congressional hearings— leagues will join me in supporting his give folks who otherwise would not only the second time an NLRB nomi- nomination. have a chance at least a voice, if not a nee, incidentally, had a second hearing I yield the floor. fighting chance, to be treated with in the last 25 years. The ACTING PRESIDENT pro tem- some dignity in the workplace. Throughout this process, Mr. Becker pore. The Senator from Georgia. Right now, we know what the facts has stated his belief that Congress cre- Mr. ISAKSON. Mr. President, first of are when it comes to the National ates labor laws, not the NLRB. I guess all, just to amplify the record on the Labor Relations Board. If you are in there is a parallel to this whole argu- Lilly Ledbetter case, the Supreme the process of organizing a workplace, ment about judicial activism, where Court did not rule against Ms. and there is a violation of the law, the the argument is being made on the Re- Ledbetter. They upheld the statute of National Labor Relations Board will publican side that if Mr. Becker is limitations of 180 days for claims filed take 2 years before they make a deci- brought to the National Labor Rela- under civil rights laws. She had come sion on a violation of the labor laws— tions Board, he is going to make the to the court, not a few months after 2 years. Well, things change in 2 years, law. He said, clearly, he will not, his the alleged incident, but years and and the owners of businesses know job is to basically interpret the law as years later. Only then did she try to that. So making a violation and wait- written and to implement the law as make a case. The Court was upholding ing 2 years buys them the time to try Congress has passed it. He said, repeat- the law which this Congress passed. to change the sentiment in the work- edly, if confirmed, he will apply the Secondly, I rise, reluctantly, to op- place. It takes 1 year from actually law fairly and impartially. pose the nomination of Craig Becker, having an organizing petition that is Confirming Craig Becker will allow and I do so based on experience, not signed before the National Labor Rela- the NLRB to move forward with its based on a whim, not based on politics tions Board makes its decision. congressionally mandated duties, and I but based on what I have experienced Craig Becker knows that. He comes am certainly going to support his con- in the past 6 months in terms of con- before us because we believe and the firmation. firmation in labor-related positions. President believes he would be a good I struggle when I hear my Republican As you may know, I am from At- person on the National Labor Relations colleagues say: Well, it is not fair. lanta, GA. That is the home of Delta Board. It is hard to look at his back- When a Democrat is elected President, Air Lines that has recently merged ground and say he is not qualified. He he might appoint someone to the Na- with Northwest Airlines to form the clearly is qualified. tional Labor Relations Board who is largest airlines in the United States of We know the National Labor Rela- more friendly to the labor unions than America. The National Mediation tions Board administers the primary a Republican appointee. Is that a stun- Board oversees labor issues with regard law governing labor relations in the ning revelation to anyone? What we to the industry. private sector. It normally has five are looking for are honest people who In the merger of Delta and North- Members. It currently has only two sit- have no prejudice against either side west, the merger of two different com- ting members, and it is often dead- and who will try to make the system panies with different cultures—Delta

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S514 CONGRESSIONAL RECORD — SENATE February 9, 2010 less organized and Northwest more— union experts has written that Mr. On these issues and others, members one of the major questions about that Becker’s appointment offers an oppor- of the HELP Committee raised a num- merger as it related to labor law was tunity to do by regulatory authority ber of serious concerns. It has been what would the law be to govern a what could not be done on the floor of cited as a negative that Republicans on unionization vote, in this case, of the the Senate in terms of card check and the committee submitted hundreds of flight attendants. Northwest flight at- government-written first contracts. written questions to Mr. Becker, and it tendants were organized; Delta’s were This concern, combined with the Na- is certainly true that we did ask a lot not. For the 75-year history of the tional Mediation Board’s refusal to of questions. Last year, Mr. Becker an- Railway Labor Act in the United obey 75 years of precedent leads me to swered 276 questions for the record. States of America, the principle of the only one conclusion. Out of an abun- Following his hearing this month, he National Mediation Board called for a dance of caution, I am going to vote was sent more than 100 more. majority vote of all members of the against the confirmation of Mr. Becker The fact that we have submitted over company in the employee class, mean- in hopes the administration will send a 400 questions and after three rounds of ing if there were 1,000 flight attendants nominee to the floor who is committed questions still do not believe we have in the class, it would take 501 votes to to a balanced treatment of both orga- gotten definitive answers is merely an- pass a motion to organize. nized labor and management in this other sign of the deep concerns about As we considered the nominees for country. this nominee. Last week, the chairman the National Mediation Board in the Mr. President, I am grateful for the noted Mr. Becker has faced more ques- HELP Committee last year, I spent ex- time, and I yield the floor. tions than Supreme Court Justice tensive time questioning the two Dem- The ACTING PRESIDENT pro tem- Sonia Sotomayor. I am not sure I un- ocrat nominees who were nominated pore. The Senator from Wyoming. derstand the relevance of this fact. I for the Board. I pressed them on this Mr. ENZI. Mr. President, I wish to have yet to find the constituent who is very issue trying to ensure that we had submit for the record a list of nearly urging us to ask fewer questions of our what Senator DURBIN referred to; that 675 organizations that have written in nominees to positions of high public is, absolutely equal treatment and not opposition to Mr. Becker’s nomination. trust. a bias in terms of determination of These groups represent the backbone of Furthermore, if a nominee garners a labor decisions. I listened to these ap- our Nation’s economy and the cata- greater level of public scrutiny and pointees over and over again say they lysts we will need to create new Amer- larger than usual volumes of questions, would be fair, they would not be biased, ican jobs. They believe Mr. Becker’s we should ask why. This unique scru- and they did not have a preconceived stated views represent a threat to eco- tiny should be a signal that the indi- position, and I voted for them. nomic growth, and they oppose Mr. vidual has raised a great level of con- Within weeks of being seated, they Becker as a nominee for the National cern and controversy. A nominee as issued a proposed rule at the behest of Labor Relations Board. controversial as Craig Becker should I ask unanimous consent that this labor unions, voting 2 to 1 to change not go forward, and for that reason I list be printed in the Record imme- the 75-year-old policy. In the face of a will oppose cloture today. unionization vote getting ready to take diately following my remarks. The Health, Education, Labor, and The ACTING PRESIDENT pro tem- place at the world’s largest airline, Pensions Committee has had other pore. Without objection, it is so or- they are attempting change the 75-year nominees who, right or wrong, became dered. policy of the National Mediation (See exhibit 1.) controversial. Some of those occurred Board. If they are successful, they will Mr. ENZI. Thank you, Mr. President. while I was chairman. Yet not once did allow a simple majority of the number I am going to oppose cloture of the I force through a nominee on a party- of people voting to replace the current nomination of Craig Becker to be a line cloture vote. We faced partisan op- policy which is a majority of the total member of the National Labor Rela- position for nominees for Surgeon Gen- number of employees in the class. In tions Board. My colleagues know it is eral, the Food and Drug Administra- the case of the example I gave before in very unusual to have a cloture vote on tion, and the Mine Safety and Health which if there were 1,000 people in the a HELP Committee nominee, but this Administration. Oftentimes there ap- class, under existing law it would take will be the second in as many weeks. In peared to be very little basis for that 501 to organize. That is fair. By chang- fact, these two nominees are the only opposition to my side of the aisle. But ing to a majority of those voting if HELP nominations I have opposed. because of the strong opposition, the only 100 voted, it would only take 51 to Over 40 HELP nominees have been nominees were not confirmed. vote to organize the entire class of swiftly confirmed after appropriate In the final 2 years of the last admin- 1,000 employees within a company. consideration in this Congress, but istration, the majority leader held pro That is a radical shift in the balance these two nominees are problematic, forma sessions to even prevent recess between labor and management, with- and instead of withdrawing the nomi- appointments, and now the majority, out any changes on the ground to merit nations as has been done in previous in their control of the calendar, has such a departure from precedent. administrations, the majority is at- taken the last 2 weeks to try to jam Secondly, many on the other side are tempting to force them through. through partisan, controversial nomi- always talking about the Employee Craig Becker was first nominated nees while the public is seeking solu- Free Choice Act and how we ought to last July, and controversy surrounding tions to the many economic problems make it easier to organize. In 2008, his nomination has only grown since facing our Nation. which is the last year for which I have then. A review of decades of writings I wish to point out that there is an- statistics, 67 percent of all unioniza- by Mr. Becker has revealed that he has other way. There are three current va- tion votes under existing law were in advocated for the most radical theories cancies at the National Labor Rela- favor of organizing. EFCA amounts to of labor law, pursuing policies such as tions Board, and the HELP Committee a solution toward a problem we don’t mandatory unionization where an em- has unanimously approved the Presi- have. ployee would choose which union to dent’s other two nominees. If the Sen- Mr. Becker is a very gifted, talented join, not whether to join a union; and ate wanted to confirm two new mem- attorney. I sat in for Senator ENZI as questioning whether an employer has a bers to the Board, it could have easily ranking member at the confirmation right to any involvement at all in the done so today. In fact, it could have hearing we had in the HELP committee unionization questions in his work- done so last year. One of these nomi- 2 weeks ago, and I asked him about place. nees, Mark Pearce, is a labor-side at- these specific questions. He was very In addition to his writings, Mr. Beck- torney who has spent his career rep- careful and crafty in his answers. I er has spent the majority of his career resenting labor unions. The other is a came away not convinced that the serving as counsel to the two largest Republican nominee with manage- statements of Mr. Acuff, the state- labor organizations in America, which ment-side experience in addition to ments of Mr. Iglitzin, and the state- has raised questions about his ability tenures on the staff of the National ments of former NLRB Member Gould to fairly adjudicate cases involving Labor Relations Board and in the Sen- were inaccurate. Each of those pro- those unions. ate as my labor policy director, Brian

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S515 Hayes. Yet these nominees did not in- to not permit the Board to uniformly has failed to unequivocally rule out spire objections from HELP members strip employees of the ability to have that possibility, I can’t support his on either side of the aisle. secret ballot elections, impose manda- nomination. Both Mr. Hayes and Mr. Pearce met tory binding arbitration, and raise pen- The second reason I am demanding a with Senators, answered written ques- alties on employers, if presented with high degree of certainty in his answers tions—not nearly as many because arguments that it would, he would is my recent direct experience with there weren’t the same degree or keep an open mind. nominees who claim to have no opin- amount of concerns—and convinced us He also told me he believed the Board ions on certain issues and no pre- that they were well qualified and able could impose ‘‘quickie elections’’—one conceived agenda but who, once con- to be impartial. Clearly, being linked of the main card check alternatives firmed, immediately take action on to interest groups such as labor unions that has been discussed. He said he was what they claim to have no pre- and having opposing policy positions is open to requiring employers to provide conceived position on. An example of not disqualifying for nominees before personal contact information for all of this is the current situation at the Na- the HELP Committee. The problem their employees to any union that tional Mediation Board, NMB. with Mr. Becker’s nomination is not asked. He also made it clear he would Last year, the Senate unanimously that he works for unions or that he be open to broadening the use of man- confirmed two nominees from the Na- tional Mediation Board. Some Mem- supports policies which many of us op- datory bargaining orders in cases bers, including myself, specifically pose. We have approved dozens of nomi- where there is no showing that a union asked each of them about their posi- nees with whom we disagree. has the support of a majority of em- tion on changing the way a majority in The problem is this nominee has ployees. a unionization election is measured. In shown in his writings and in his re- Despite the hundreds of written ques- response, both these nominees testified sponses to the committee that his tions he has answered, Mr. Becker has they had no preconceived agenda to thinking is far outside the mainstream. failed to convince me he would not alter rules that had been in place for 75 This nominee has failed to convince us enter into the job with a preconceived years. You will recall the Senator from that he will not attempt to circumvent agenda to unfairly tilt the playing field Georgia, Senator ISAKSON, had the Congress and impose card check-style against employers, altering the deli- same concern and asked them specifi- measures administratively to tilt the cate balance of current labor law. cally, even in private meetings, what playing field against employers. The relative freedom from industrial their opinion would be. Yet practically For 7 months Senators have been at- strife that has allowed America to before the ink had dried on their con- tempting to address and analyze con- prosper since enactment of the Na- firmations, these two nominees began cerns raised by the employer commu- tional Labor Relations Act in 1935 is pushing through a regulation that is a nity and others regarding Mr. Becker’s dependent on a balance between the wholesale reversal of those rules to tilt writings, particularly the potential for rights of employees to collectively bar- the playing field to the benefit of labor radical changes in labor law that he gain and the right of employers to con- unions. In their haste, the Democratic has advocated and argued can be imple- trol their workplace. It is essential members of the Board thoroughly dis- mented without congressional author- that we not allow the balance to be up- regarded the rights of the single minor- ization. We have also heard concerns ended now. In this critical time for our ity member. The minority member was about the nominee’s position on economy, our Nation is dealing with a given no notice that an effort to ini- recusal, since he spent more than two 9.7–percent unemployment rate, and tiate rulemaking was underway and, decades working with the Nation’s two more than 11 million Americans are instead, was given 11⁄2 hours to review largest labor organizations. drawing unemployment benefits. the final rule proposal to determine if There were additional questions Comparative studies have shown that she would support it. They even tried about Mr. Becker’s status as both an enactment of the card check provision to stop her from publishing a dissent to employee of a labor union and as an ad- will increase unemployment, making the proposal. There are strong indica- viser to the President’s transition the situation only worse. Because of tions that the two recently confirmed team. There were questions about Mr. the Board’s broad and important agen- National Mediation Board members Becker’s possible authorship of Execu- da, we simply cannot take the risk of were not forthright with the Senate, tive Orders in that capacity, one of supporting this nominee. and it is clear they showed no respect which limited the information given to Two recent developments have given for the rights of the Mediation Board employees about their right to refrain me additional pause in reviewing Mr. minority, the regulatory process or the from paying certain union dues. Becker’s nomination. First, despite Mr. legislative process. In promising Sen- Finally, there were concerns about Becker’s vague assertions, there have ators to keep an open mind going into Mr. Becker’s role as SEIU associate been several recent articles and state- this decision, these National Mediation general counsel and the SEIU’s in- ments from his own movement that Board nominees used the very same volvement with the scandal sur- confirm all our concerns. In The Na- language Mr. Becker uses today. rounding ACORN and former Illinois tion magazine, another union lawyer Similarly, the President’s nominee Governor Rob Blagojevich. Senators wrote that all of the card check provi- for the Occupational Safety and Health attempted to address all of these con- sions and the card check alternative Administration faced many concerns cerns through interviews, written ques- provisions I discussed earlier can be from the small business community tions, and a hearing. However, not all achieved without congressional author- and others about his possible agenda of the concerns were favorably re- ity and stated this as a reason to con- going into office. Undoubtedly, the solved, and last Thursday, the nomina- firm Becker. President’s nominee for this position tion was reported out on a party-line Former NLRB member, William would have some views I do not agree vote. Gould, made the same point in an arti- with and I fully expect and accept that. I have made numerous attempts to cle last year, and a union official wrote But I sought to form an understanding alleviate concerns about Mr. Becker’s just last week that: with him on an issue that has tradi- stated plans to reinterpret the Na- If we aren’t able to pass the Employee Free tionally drawn bipartisan support; that tional Labor Relations Act to limit the Choice Act, we will work with President is, compliance assistance programs at ability of employers to participate in Obama and Vice President Biden and their OSHA that substitute ‘‘gotcha’’ inspec- the process or otherwise tilt the play- appointees to the National Labor Relations tions with advice and guidance to coop- ing field unfairly against employers. Board to change the rules governing forming eratively create safer workplaces and However, his answers have been far a union through administrative action. save the government money. When it from reassuring. There is obviously a high expectation became clear to me the premier com- When asked if he would ever support among organized labor constituencies pliance assistance program—the Vol- imposing the main provisions of the that Mr. Becker can be sent to the Na- untary Protection Program or VPP— card check bill through regulatory fiat, tional Labor Relations Board to deliver was being downsized, I asked the OSHA he left the door open. He answered that wanted policy changes which cannot be nominee if he supported compliance while the statute might be interpreted achieved through Congress. Because he programs.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S516 CONGRESSIONAL RECORD — SENATE February 9, 2010 He assured me he ‘‘recognized their tion on a bipartisan basis today. As I pany; Brinkman International Group, Inc.; great value.’’ I asked if he would re- mentioned before, anytime there were Broan-NuTone LLC; Broderson Manufac- evaluate the decision to downsize it. He candidates who had that kind of oppo- turing Corp.; Brush Engineered Materials; sition in the past, they were not pushed Buckeye Fabricating Company; C and M assured me he would and promised to Manufacturing Incorporated; Calgon Carbon work with the committee. He was con- through on a cloture vote and I hope Corporation; Cambridge Specialty Co.; Cam- firmed unanimously. Yet when the that will be the case and the name will eron Manufacturing & Design, Inc.; Cardinal budget came out last week, it proposed be withdrawn. Systems Inc; Carter Products Co., Inc.; Case transferring program staff to another I thank the Chair and yield the floor. Systems, Inc.; CASHCO Inc.; CB Manufac- function and eliminate its funding. EXHIBIT 1 turing & Sales Co., Inc.; CEMCO Inc.; Cemen This does not meet anyone’s definition ENTITIES THAT OPPOSE CRAIG BECKER’S NOMI- Tech, Inc. of ‘‘support.’’ NATION TO THE NATIONAL LABOR RELATIONS Centennial Bolt, Inc.; Central Bindery Company; Central States Fire App LLC; CFX Now, Mr. Becker is nominated for a BOARD American Hotel and Lodging Association Battery, Inc.; Chaney Enterprises; different agency and is a different Channellock Inc.; Chatsworth Products, Inc.; nominee. I certainly don’t want to im- (AH&LA); American Association of Nurse Executives; American Trucking Association; Chemstar Products; Clinch-Tite Corp.; Clow pute the actions of others onto Mr. Associated Builders and Contractors, Inc. Stamping Co. CMD Corporation; Coast Con- Becker, but my recent experiences with (ABC); Associated General Contractors of trols, Inc.; Coastal Forest Resources; Coastal what nominees say in the confirmation America; College and University Profes- Plywood Company; Coating Excellence Inter- process and how they act once con- sional Association for Human Resources; national; ColorMatrix Corporation; Commer- firmed has forced me to be far more Food Marking Institute; HR Policy Associa- cial Cutting and Graphics, LLC; Conestoga Wood Specialties Corporation; Construction skeptical of vague assurances. tion; Independent Electrical Contractors, Inc.; International Foodservice Distributors Specialties, Inc.; Con-way, Inc.; Cooper Tire I am also concerned that Mr. Beck- & Rubber Company. er’s ethics disclosure paperwork has Association; International Franchise Asso- ciation; National Association of Manufac- Corbett Package Company; Crafted Plas- not been updated with the Office of tures (NAM); National Association of Whole- tics, Inc.; CrossCountry Courier; CRT, Cus- Government Ethics since July 2009, nor saler-Distributors; National Federation of tom Products, Inc.; Crysteel Manufacturing has the ethics agreement been revised Independent Business; National Pest Man- Incorporated; Custom Applied Technology since April 2009. The administration agement Association; National Ready Mixed Corp.; Custom Tool and Grinding, Inc.; Da- has pledged support for transparency Concrete Association; National Retail Fed- kota Awards, Inc.; Dakota Specialty Milling, eration; National Roofing Contractors Asso- Inc.; Dart Container Corporation; Davron and accountability and I, therefore, Technologies, Inc.; Dayton Industries Inc.; question their decision to rush this ciation; Printing Industries of America; Re- tail Industry Leaders Association. Deist Industries, Inc.; Delta Power Company; nominee through without a proper eth- Society for Human Resource Management; Dews Research Laboratories, LLC.; Dietz & ics review. Steel Manufacturers Association; US Cham- Watson, Inc.; Dixie Printing & Packaging Independent boards, such as the Na- ber of Commerce; HR Policy Association; Na- Corporation; Dixon Insurance Inc.; DLH In- tional Labor Relations Board, are en- tional Retail Federation; The Coalition for a dustries, Inc.; Domain Communications LLC. trusted with a great deal of autonomy. Democratic Workplace; A.O. Smith Corpora- Don R Fruchey, Inc.; DORMA Architec- The decisions they hand down and the tion; A. Schulman; Accurate Castings, Inc.; tural Hardware; Dorner Mfg. Corp.; Drawn Accuride International Inc.; Ace Manufac- Metals Corporation; Drenth Brothers Inc.; regulations they enforce have a great DRT Mfg. Co.; DTR Industries, Inc.; Duke deal of impact on a very significant turing Industries; Aeries Enterprises LLC; Ahaus Tool and Engineering, Inc.; Ahresty Manufacturing Co.; DuPage Machine Prod- portion of our economy and our Na- Wilmington Corporation; Air Logistics Cor- ucts; Duraclass by TBEI; Du-Well Grinding tion’s jobs. In the Senate, it is our re- poration; All American Mfg. Co; Allegheny Enterprises, Inc.; E&E Manufacturing Co. sponsibility to determine if these Technologies Incorporated; Allied Machine & Inc.; E.D. Bullard Company; East Penn Man- nominees can be entrusted with this Engineering Corp.; National Right to Work ufacturing Co., Inc.; East-Lind Heat Treat, power or if they would compromise Committee; Americans for Limited Govern- Inc.; Eclipse Inc.; Edison Price Lighting; fairness to grant favors to special in- ment; The American Conservative Union. Elan Technology, Inc.; Electro Arc Mfg. Co. Allied Plastics Co., Inc.; Alloy Resources Inc.; Electronic Systems, Inc. terest groups or former employers. Inc.; Altadis USA, Inc; AM Castle; AMB En- Ellwood Group, Inc.; EM-CO Metal Prod- Late last week, the Senate invoked terprises, LLC; American Circuits, Inc.; ucts, Inc.; Emery Corporation; Energy Ex- cloture on Patricia Smith, by a par- American Coolair Corporation; American De- changer Company; Engineered Building De- tisan vote of 60 to 32, jamming through hydrated Foods, Inc; American Felt & Filter sign, L.C.; Ervin Industries; Everhard Prod- a controversial nominee who misled Company; American Foundry Society; Amer- ucts, Inc.; Exxel Outdoors, Inc.; F.C. the HELP Committee. To be clear, I ican Hydro Corporation; American Lawn Brengman & Associates; F.N. Sheppard & have been supportive of nearly all the Mower Company; American Safety Razor Co.; Falcon Plastics, Inc.; Fargo Assembly nominees who have come before the Company; American Shizuki Corporation; Co.; Fiber Resources, Inc.; Fiberglass Coat- American Shower Door; Amsco Windows; An- ings Inc.; Flambeau, Inc.; Flexcon Industries HELP Committee, and I have worked chor Fabricators, Inc.; Anthony Inc.; FONA International; Food Services of hard with the chairman to swiftly con- Timberlands, Inc.; Aries Electronics Inc.; Ar- America; Forrest Machine, Inc.; Foster firm qualified nominees and put them kansas State Chamber of Commerce/Assoc. Transformer Co. into office. But the Senate has an im- Ind. of Arkansas. Founders Insurance Group, Inc.; Fox Val- portant responsibility of advice and Arm-R-Lite Door Mfg. Company, Inc.; ley Molding Inc.; Foxx Equipment Company; consent. To regain the trust of the Arobotech Systems, Inc.; Arrow Adhesives Franklin International; Frasal Tool; Fredon American people, we should demand Company; Artwoodworking & Mfg. Co.; ASC Corporation; Freedom Corrugated, LLC; Profiles Inc.; Ashley Furniture Industries; Freeport Welding & Fabricating, Inc.; GCR more accountability from the people Associated Industries of Massachusetts; At- Associates; Gemini, Inc.; General Machine we are putting into offices of public lantic Mold & Machining Corp.; Atlas Ma- Products Co.; General Steel and Supply Com- trust. I urge this administration to chine and Supply Inc.; ATS Medical, Inc.; pany; Genest Concrete Works, Inc.; Geokon find qualified nominees who will enjoy Auburn Gear, Inc.; Auto Truck, Inc.; Avtron Inc.; Glas-Col, LLC; Glasforms Inc.; broad support in the Senate, and I have Aerospace, Inc.; Bannish Lumber, Inc.; Glastender, Inc.; Glier’s Meats Inc.; Globe offered my commitment and past expe- Batesville Products, Inc.; Beacon Converters, Products Inc. rience to assist with the swift con- Inc.; Bead Industries, Inc.; Beck Steel; Bell Gold’n Plump Poultry; Gossner Foods Inc.; Laboratories, Inc.; Belton Industries, Inc. Grande Cheese Company; Granite Rock Com- firmation of those qualified nominees. Bergsen Inc.; Berkley Screw Machine Prod- pany; Graphite Metallizing; Green Bay Pack- For all the above reasons, I will op- ucts, Inc.; Berlin Metals; Bertch Cabinet aging Inc.; Grossman Iron & Steel Company; pose Mr. Becker’s nomination to serve Mfg., Inc.; Best Chairs, Inc.; BesTech Tool Gruber Systems Incorporated; Guardian In- as a member of the National Labor Re- Corporation; Better Baked Foods, Inc.; Betts dustries Corp.; Hamilton Caster & Mfg. Co.; lations Board, and I urge my colleagues Industries, Inc.; BH Electronics, Inc.; Bicron Hammond Group, Inc.; Harden Furniture to do the same. Electronics Co; Big D Metalworks; Bio- Company, Inc.; Hardwood Products Com- I hope the other two nominees who Research Associates, Inc.; Bison Gear & En- pany; Harold Beck & Sons, Inc.; Henry Brick are well qualified, uncontroversial, and gineering Corp.; Blue Bell Creameries, L.P.; Company, Inc.; Henry Molded Products; Her- who had bipartisan support will be BlueScope Steel North America; Bollinger cules Drawn Steel Corporation; HES Inc.; brought to the floor. I also hope this Shipyards, Inc.; Bommer Industries, Inc.; HFI, LLC.; Hialeah Metal Spinning, Inc. Boston Steel & Mfg. Co.; BPI, Inc.; Braun High Company LLC; High Industries, Inc.; controversial nominee will not be put Northwest, Inc. Hiwasse Manufacturing Company, Inc.; Hob- on the Board through a recess appoint- Brick Industry Association; Bridgestone son & Motzer, Inc.; Holden Industries, Inc.; ment if the Senate rejects the nomina- Americas, Inc.; Brigham Exploration Com- Horizon Steel Co.; HTI Cybernetics;

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S517 Hudapack Metal Treating Companies; Huron Paper Machinery Corporation; Parkway ROHO Group; The Schwan Food Company; Automatic Screw Co.; Illinois Tool Works Products; Parts Depot Inc.; Paulo Products The Scotts Miracle-Gro Company; The Inc.; Industrial Fasteners Institute; Indus- Company; Pawling Corporation; Peerless Sheffer Corporation; The Shockey Compa- trial Metal Fab, Inc.; Industrial Nut Corp.; Saw Company; Pella Corporation; Pennsyl- nies; The Timken Company; ThermoSafe Industrial Spring Corporation; Interlocking vania Manufacturers’ Association; Penske Brands; Thomas Instrument Co.; Thompson Concrete Pavement Institute; International Corporation; Penske Truck Leasing; Pepsi- Management Associates; Thomson Lamina- Hydraulics Inc.; Iten Industries; J.C. Steele Cola Bottling Co., Inc. of Norton; Pepsi-Cola tion Company, Inc.; ThyssenKrupp Waupaca & Sons, Inc.; J.T. Fennell Co., Inc. Bottling Company of New Haven, MO; Inc; Tiefenbach North America, LLC; Tiffin Jaquith Industries Inc.; Jasper Desk Com- Pequot Tool & Mfg., Inc.; Perlick Corpora- Powder Coating Specialists; Timber Truss pany, Inc.; JELD-WEN; Jesco Industries Inc.; tion; Pete Lien & Sons, Inc.; Peterson Manu- Housing Systems, Inc.; Torco Inc.; Trans- Jobbers Moving & Storage; John Sterling facturing Co.; PGT Industries, Inc.; Phoenix ducers Direct, LLC. Corporation; Johnsen Trailer Sales, Inc.; Electric Mfg. Co.; Pine Hall Brick Co., Inc.; Transportation Costing Group, Inc.; Tree Johnsonville Sausage LLC; Jorgensen Con- Plastic Molded Concepts. Top, Inc.; Trim-Tex, Inc.; Trumpf Inc.; veyors, Inc.; Kapstone Paper and Packaging Plasticolors, Inc.; Plastics One; PMF In- Tubodyne Company Inc.; Twin City Roofing, Corp.; Kell-Strom Tool Company Inc.; dustries, Inc.; Polyfab Corp; Portec, Inc.; LLC; Tyco Electronics; Ultra Tech Machin- Kercher Machine Works, Inc.; Keystone Power Curbers Inc.; PPG Industries; PQ Cor- ery Inc.; Unex Manufacturing Inc.; United Nitewear Co. Inc.; Kitchen Cabinet Manufac- poration; Prairie Tool Co. Inc.; Precision Au- Equipment Accessories, Inc.; Uniweld Prod- turers Association; Klann Incorporated; tomation Company, Inc.; Precision Machined ucts Inc.; Unlimited Services; USG Corpora- Kleenair Products Co.; Koike Aronson, Inc.; Products Association; Precision Steel Ware- Koller-Craft Plastic Products; Konz Wood tion; Utility Trailer Manufacturing Com- house, Inc.; Pretzels, Inc.; Price Pump Com- pany; Valley Converting Co., Inc.; Products. pany; Printed Specialties Inc.; Process Kuryakyn Holdings, Inc.; L.D. McCauley, Vanamatic Company; Ventahood, Ltd; Equipment, Inc.; Production Specialties Cor- LLC; La Deau Hinge Company; Lamiglas, Vermeer; Virginia Manufacturers Associa- poration; Quadrant Tool and Manufacturing; Inc.; Lapp Insulators LLC; Laserage Tech- tion. Quality Chaser Company. nology Corporation; Layton Truck Equip- W M I; W. R. Meadows, Inc. Wagstaff, Inc.; Radiant Steel Products Company; Radix ment Co., LLC; Leech Carbide; LEECO Wahpeton Breckinridge Area Chamber of Wire Company; Rain Flow USA, Inc.; Rainey Spring International; Leed Himmel Ind.; Commerce; Walnut Custom Homes, Inc.; Road Holdings, Inc.; Rampe Mfg Co Torque Lifoam Industries; Liftmoore, Inc.; Lord Cor- Walters Brothers Lumber Mfg., Inc.; Warren Transmission Division; Ramsey Products poration; Lovejoy Tool Company, Inc.; LSI Distribution, Inc; Waste Equipment Tech- Corporation; Ranco Fertiservice, Inc.; RdF Industries Inc; LSI Metal Fabrication Divi- nology Association; Waukesh Metal Prod- Corporation; Red Bud Industries, Inc.; Reed sion of LSI Industries Inc.; LSI MidWest ucts; Weiss-Aug Co. Inc.; Weldon Solutions; Mfg Services; Remanco Hydraulics Inc.; Reu- Lighting; Luick Quality Gage & Tool, Inc.; Werthan Packaging, Inc.; WESCO Inter- ther Mold & Mfg. Co.; Riggs Industries and Lunar Industries, Inc.; M&M Hi Tech Fab, national, Inc.; Western Extrusions; Westside subsidiaries; Roaring Spring Blank Book Co.; LLC. Finishing Co., Inc.; Wildeck, Inc.; Williams- Mack Boring and Parts Co.; Mansfield In- Roberts Automatic Products, Inc.; Robroy Pyro, Inc.; Winslow LifeRaft Company; Wire dustries Inc.; Markel Corporation; Mar-Mac Industries; Rock Industries, Inc.; RoMan Belt Company of America. Wire, Inc.; Martindale Electric Company; Manufacturing, Inc.; Roppe Corporation; Wisconsin Valley Concrete Products Co.; Massachusetts Container Corp.; Materials Roquette America Inc.; Roth Horowitz, LLC. Wood Connection, Inc; Wood’s Powr-Grip Co. Route 94 Consulting; ROW, INC; RTI Inter- Processing, Inc.; Mathews Brothers Com- Inc.; WPT Power Transmission Corp.; Xybix national Metals, Inc.; Rugby Manufacturing; pany; Mathison Metalfab, Inc.; Mazak Cor- Systems, Inc; Yancey’s Fancy, Inc.; Young’s Schatz Bearing Corporation; Scot Forge poration; McAlpin Industries, Inc.; Welding, Inc.; Zippo Manufacturing Co. Company; Scott Douglas Porter, Esq.; Scott McNaughton & Gunn, Inc.; McNichols Com- Apartment & Office Building Association; Metals Inc; Seals Eastern Inc.; Searing In- pany; M-D Building Products, Inc.; Meadows Arlington Chamber of Commerce; Associated dustries; SGS Tool Company; Shar Systems, Mills Inc.; Merrick Pet Care; Merritt Equip- Builders & Contractors—Virginia Chapter; Inc; Showplace Wood Products, Inc.; Shultz ment Co.; Metal Moulding Corp.; Metal Pow- Associated General Contractors; Bedford Steel Co; Signal Mountain Cement Company; der Industries Federation; Metal Products Area Chamber of Commerce; Bristol Cham- Silbond Corporation; Sioux Corporation; Company. ber of Commerce; Chase City Chamber of Siplast Inc.; Sirois Tool Co., Inc.; SJE Rhom- Metallized Carbon Corporation; Metals Commerce; Dinwiddie County Chamber of Service Center Institute; Metalworks Inc.; bus. Smith Setzer & Sons Inc; Solar Commerce; Dulles Regional Chamber of MET-L-FLO Inc.; Metl-Span LLC; MFRI, Commerce; Fairfax Chamber of Commerce; Inc.; Micro Abrasives Corporation; Mid At- Atmospheres Corporation; Sommer Metal- craft Corporation; Southco Industries, Inc.; Fredericksburg Regional Chamber of Com- lantic Manufacturing & Hydraulics Inc.; Mid- merce; Goochland Chamber of Commerce; dletown Tube Works, Inc.; Midmark Corpora- Southeastern Hose Inc.; Southern Alloy Cor- poration; Southern Champion Tray LP; Greater Augusta Regional Chamber of Com- tion; Midwest Fabricating Company; Mid- merce; Greater Bluefield Chamber of Com- west Metal Products, Inc.; Mike-sells Potato Southland Tube, Inc,; Spirax Sarco, Inc.; Spuncast, Inc.; St. Armands Baking Co.; merce; Greater Reston Chamber of Com- Chip Company; Milbank Manufacturing merce; Greater Richmond Chamber of Com- Company; Miles Fiberglass and Composets; Standex International Corporation; Star Cutter Company; Star Iron Works, Inc.; merce; Greater Springfield Chamber of Com- Mina Safety Appliances Co.; Mississippi merce. Lime Company; Modern Metal Processing, Steel Manufacturers Association; Steelscape, Inc.; Steffes Corporation; Stellar Industries, Halifax County Chamber of Commerce; Inc.; Molded Fiber Glass Companies; Mon- Hampton Roads Chamber of Commerce; tana Silversmiths Inc. Inc.; Sterking Engineering Corp.; Sterling Hampton Roads Utility and Heavy Contrac- Moore Industries International Inc.; Mor- Engineering Corporation. tors Association; Harrisonburg-Rockingham gan Ohare, Inc.; MTD Products Inc.; MTH Sterling Machine Co. Inc.; Stone City Pumps; Mullinix Packages, Inc.; N.C. Indus- Products, Inc.; Stoner, Inc.; Stoneridge Inc.; Chamber of Commerce; Heavy Construction tries, Inc.; NACCO Industries, Inc.; National Streator Dependable Mfg. Strongwell; Contractors Association; Home Building As- Association of Manufacturers; National Sturm, Ruger & Co., Inc.; Suhner Manufac- sociation of Richmond; Home Builders Asso- Bronze Mfg.; National Capital Flag Co. Inc.; turing, Inc.; Summers Manufacturing Co., ciation of Virginia; Isle of Wight Chamber of National Ceramic Company; National Solid Inc.; Sunnyside Corporation; Superior Commerce; Loudoun County Chamber of Wastes Management Association; National Graphite Co.; Superior Oil Company, Inc.; Commerce; Lynchburg Regional Chamber of Tube Form; Nebraska Chamber of Commerce Superior Woodcraft, Inc.; Surpass Chemical Commerce; NAIOP Northern Virginia; Na- & Industry; Nevada Heat Treating, Inc.; Ne- Co., Inc.; Swanson Industries, Inc.; Sweet tional Federation of Independent Business; vada Manufacturers Association; New Jersey Street Desserts; Syncro Corporation; Sys- Northern Virginia Technology Council; Business & Industry Association; Nordex, In- tems Services of America, Inc. Oilheat Association of Central Virginia; Old corporated; North American Association of Tailored Label Products; TBEI, Inc.; TCI, Dominion Highway Contractors Association; Food Equipment Manufacturers. LLC; Teakdecking Systems Inc.; Techsys Petersburg Chamber of Commerce; Precast North American Die Casting Association; Chassis, Inc.; Tecumseh Packaging Solu- Concrete Association of Virginia; Prince Wil- North Dakota Chamber of Commerce; North tions, Inc.; Tegrant Corporation; TekTone liam County-Greater Manassas Chamber of Dakota Petroleum Marketers & North Da- Sound & Signal Mfg., Inc.; Templeton Coal Commerce; Prince William Regional Cham- kota Retail Associations; Northeast PA Company, Inc.; Tennessee Chamber of Com- ber of Commerce; Richmond Area Municipal Manufacturers & Employers Association; merce & Industry; Tennsco Corp.; Ten-Tec, Contractors Association; Roanoke Regional Northeast Prestressed Products; Northern Inc.; Texas Association of Business; Textile Chamber of Commerce; Smith Mountain Concrete Pipe Inc.; Nosco CTX; Nosco, Inc.; Rental Services Association of America; The Lake Chamber of Commerce. Novelis; NPC, Inc.; O. F. Mossberg & Sons, Adams Company; The Challenge Machinery Virginia Agribusiness Council; Virginia Inc.; Oil City Iron Works, Inc.; Oil-Dri Cor- Company; The DUPPS Co.; The Envelope Apartment & Management Association; Vir- poration of America; Olympian Precast, Inc.; Printery, Inc.; The Hill and Griffith Com- ginia Asian Chamber of Commerce; Virginia Olympian Precast, Inc.; OMCO Holdings, pany; The Kirk-Habicht Company. Assisted Living Association; Virginia Asso- Inc.; Omega Design Corporation; Omega Pre- The Knapheide Manufacturing Company; ciation of Broadcasters; Virginia Association cision Corp.; Open-Ended Response; OSI/ISI/ The Manitowoc Company, Inc.; The of Health Plans; Virginia Association of SunnyMaids. MasonBox Co.; The Nelson Co. Inc.; The Chain Drug Stores; Virginia Association for

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S518 CONGRESSIONAL RECORD — SENATE February 9, 2010 Commercial Real Estate; Virginia Associa- ENZI is the ranking member. I have lis- The fact is, you know, Madam Presi- tion for Home Care and Hospice; Virginia As- tened to Mr. Becker sit there and tell dent, representing the State of New sociation of Nonprofit Homes for the Aging; us when he is in negotiations with York, what this has meant. What we Virginia Association of Roofing Contractors; management—yes, he did represent are seeing is, they asked dozens of Virginia Autobody Legislative Committee; labor unions. But we are not allowed to questions. In fact, there have been Virginia Automatic Merchandising Associa- tion; Virginia Automobile Dealers Associa- have them on the NLRB? Is that the more questions asked of Craig Becker tion; Virginia Biotechnology Association; new idea—that Republicans don’t want for the NLRB than of Justice Sonia Virginia Business Council; Virginia Cable anybody with that philosophy, anybody Sotomayor for the U.S. Supreme Court. Telecommunications Association; Virginia who might have worked for a labor Craig Becker’s isn’t a lifetime appoint- Chamber of Commerce; Virginia Coal Asso- union? Do we not want them on the ment. It is an important job, but it is ciation; Virginia Economic Developers Asso- Board because they actually believe not as important as the Supreme ciation. workers should have more rights rath- Court, which is a lifetime appointment. Virginia FREE; Virginia Health Care Asso- er than less rights—the way it was dur- Yet they have gone after him with ciation; Virginia Hispanic Chamber of Com- ing the Bush administration, when the more viciousness, questions, and sus- merce; Virginia Hospital and Healthcare As- sociation; Virginia Hospitality and Travel Department of Labor did everything picions—and I might add more cyni- Association; Virginia Manufacturers Asso- they could to weaken labor rights, cism—than perhaps any nominee since ciation; Virginia Motorcycle Dealers Asso- when we saw the middle class in these I have been in the Senate. ciation; Virginia Petroleum, Convenience, last 10 years shrink because workers The NLRB matters to workers and to and Grocery Association; Virginia Poultry were denied the rights to fight back businesses. They simply cannot do Federation; Virginia Propane Gas Associa- when they wanted to join a union or their jobs unless we fill these appoint- tion; Virginia Ready-Mixed Concrete Asso- when workers simply wanted to get ments. That is what the Republicans ciation; Virginia Retail Federation; Virginia backpay or when workers were mis- are blocking. I would say it isn’t good Retail Merchants Association; Virginia treated and earned their pay but for business to keep these jobs open. I Transportation Construction Alliance; Vir- weren’t getting it. We needed some- know my friends on the other side of ginia Trucking Association; Virginia Whole- salers & Distributors. body in that administration to fight the aisle, on the health care bill, pro- for them, but they didn’t have that at tected the insurance companies and the The PRESIDING OFFICER (Mrs. the Department of Labor. I guess those drug companies, and on the trade bills, GILLIBRAND). The Senator from Ohio is are the good old days we should return they protect the companies that recognized. to. outsource jobs overseas. I know they Mr. BROWN of Ohio. Madam Presi- Even though we have done it this like to do that. They are not pro- dent, I rise in support of the confirma- way for decades, people with tecting business when they keep Craig tion of Craig Becker to the National promanagement philosophies and pro- Becker off the NLRB. What they are Labor Relations Board. union philosophies getting on this doing is continuing the dysfunction of It is policymakers—not outside orga- Board—and as Mr. Becker said in his the NLRB because too many of those nizations, it is not political strategists, testimony, when he is part of a union- jobs are vacant. it is not anti-union activists, and it is management negotiation, when he is That is why it is important the not pro-union advocates—who are mak- representing a union, he understands NLRB protects the rights of workers to ing this decision. It is policymakers— what both sides need to understand. He organize into unions and, equally im- 100 Members of the Senate who are tries to put himself in the shoes of the portant, it protects the rights of busi- asked to confirm the nomination of other side. If you are a union rep- nesses to air their grievances. I simply Craig Becker to serve as a member of resentative, you know management don’t understand why most of my col- the National Labor Relations Board, has interests that are legitimate and leagues on the other side are opposed NLRB. they have goals they want; and you to giving working Americans fair It is something we have done in this know management, generally, is going treatment. Unions exist in this country country since Franklin Roosevelt, in to play straight. If you are on the man- and businesses exist. Perhaps my col- the 1930s, when the National Labor Re- agement side, you look at the union leagues on the other side of the aisle lations Board was formed. Decade after the same way. would rather only one of those groups decade, this body has voted for Na- That is how Mr. Becker has been existed, but our economy works best tional Labor Relations Board nominees trained and how he thinks. That is why when they work together and get who are philosophically pro-union, I know, even though he has a pro-union along. If they want to take these labor- philosophically anti-union or philosophy, he will be fair-minded. I management fights, as they have, to promanagement and not so know he will serve in the tradition of the floor of the Senate, what does that promanagement. Yet, with Craig Beck- NLRB appointees from both parties for mean for our future and for the middle er, the Republicans have drawn a line decades. He will serve in the tradition class? in the sand—something that simply of other NLRB appointees—some pro- The Chair knows, whether it is in Al- didn’t used to happen around here. union and some promanagement. Yet bany or Buffalo or Schenectady, NY, or When I hear my colleagues say we Republicans, since April—Mr. Becker whether it is Toledo or Youngstown or can’t rush this through, only in the was nominated in April—have tried Mansfield, OH, a union working well Senate, when somebody is nominated every trick in the book to keep him off with businesses—when labor and man- by the President in April—how many the NLRB. So that is April, May, June, agement work together—strengthens months ago is that—8 or 9 months July, August, September, October, No- the middle class. When we have this ago—would anybody say we are rushing vember, December, January, and now kind of class warfare on the floor of the it through by doing it in February. I it is mid-February. The Republicans Senate, when my friends on the other guess it is 10 months ago. It doesn’t are saying: Why are we rushing this side of the aisle will do anything to make sense to me. through? Are they so confident they keep someone who has a pro-union phi- Since its creation 75 years ago, the are going to defeat President Barack losophy out of an appointed position— NLRB has served a critical and inde- Obama in the next election that they again, in April the President nomi- pendent function: Protecting workers don’t want to put anybody with his nated Mr. Becker, so that is May, June, against unfair labor practices and pro- philosophy on the NLRB, and do they July, August, September, October, No- tecting businesses against unfair alle- think they can stall until January vember, December, January and now it gations. They struck a balance because 2013? Is that the way they want to run is February and they say we are rush- both sides have been represented. the government? ing it. I don’t think anybody in Amer- Those with a strong management phi- Unfortunately, when nominee after ica—even the most lethargic, slow- losophy and those with a strong union nominee—we saw it last week with Pa- moving, half-dead operation in the philosophy have worked together on tricia Smith. If they have anything to country—thinks it is rushing it when it the NLRB. do with siding with workers and with takes us 10 months to get somebody I have listened to Craig Becker in being proworker or promiddle class, through. front of our Committee that Chairman then we cannot rush. We have to keep We know what they did on the health HARKIN chairs and of which Senator asking questions. care bill—delay, delay, delay, delay.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S519 That is arguable and that is a difficult ice Employees International Union or Ironically, the Judiciary Committee, and complex issue. But on this? Just to he worked with Governor Blagojevich however, was not even able to process be clear, there is no doubt about the in Illinois. Judge Greenaway’s nomination to qualifications of Craig Becker. That is the kind of guilt by associa- move forward with it, which was sub- He earned his bachelor and law de- tion that I thought this institution mitted to the Senate in June by Presi- grees from Yale University. He served stopped doing 55 years ago when Joe dent Obama. President Obama sub- as an editor on the Yale Law Journal. McCarthy was censured, that we were mitted the nomination in June, but the He clerked for the Chief Judge of the not going to continue to use guilt by committee could not move forward U.S. Court of Appeals for the Eighth association. with a vote until September. Why was Circuit for 30 years. This is not some It might be ACORN, the SEIU—and I that? The reason was one of the home ‘‘newbie’’ labor pawn nobody knows apologize; I need to say this, Madam State Democratic Senators down here anything about who does not have ex- President. My daughter works for the complaining failed to send in their blue perience. For almost 30 years he has SEIU. So before somebody points out slip. Senator LEAHY is not going to practiced labor and employment law his daughter works for SEIU, that is move a nominee without the consent of with the highest skill and fairness in why he is doing it—the fact is, Craig the home State Senators—and I respect front of nearly every U.S. Court of Ap- Becker served honorably, he served him for that. He is the Democratic peals and in front of the U.S. Supreme very appropriately, and he is very chairman of the committee, but he has Court. qualified. It is about time we do this. It a policy, as his predecessors all had, He has been professor at some of the has been 10 months. We have waited that he is going to give the home State Nation’s premier law schools. He has too long. I ask my colleagues to put Senators the opportunity to approve a earned the trust and admiration of stu- aside some of their biases. He has an- nominee before he even has a hearing dents, faculty, and opponents of labor- swered 300 questions. Vote to confirm in committee. Craig Becker. management kinds of discussions. His The nominee was delayed 4 months scholarly works have been published in I yield the floor. The PRESIDING OFFICER. The Sen- by a failure of the home State Sen- the Nation’s leading law journals and ators—or at least one of them—to ac- periodicals. His scholarly works are ator from Alabama. Mr. SESSIONS. Madam President, I knowledge their approval by returning also mandatory reading for law stu- wish to share a few thoughts on the what we refer to as a blue slip. After dents taking labor and employment nomination of Judge Joseph A. that occurred, the committee promptly courses, whether they are prolabor or Greenaway to the Third Circuit Court moved forward with a hearing and promanagement. He is often cited by of Appeals on which I think we will be unanimously voted for Judge fellow lawyers and scholars. In fact, 66 voting later today. I look forward to Greenaway’s nomination in October. professors of labor and employment supporting his nomination. He has a law from our Nation’s premier law Today is the time the majority lead- good record as a district court judge. I er has chosen as the time he desired to schools have described Becker as a think almost all of my colleagues, if nominee with ‘‘unparalleled qualifica- bring it up for a vote. He could have not all, will support him. But I wish to brought it up in October, November, tions . . . whose scholarship reflects take a moment to correct the record great respect for and deep knowledge of December, or January. He chose to regarding some allegations that have bring it up now. I am not one who the law. He weighs and considers all ar- been made by my Democratic col- guments in a fair and honest manner.’’ thinks it is my fault that it has not leagues regarding the processing of this been brought up. That sounds like the kind of nominee nomination. we want on the National Labor Rela- Sometimes we have controversial The same thing happened to Judge tions Board. I would add, most impor- nominees, such as Mr. Becker. And if Beverly Martin to the Eleventh Cir- tantly, I said a moment ago to serve anyone would care to listen to Senator cuit. She was unanimously approved by the interests of the middle class, to ENZI’s comments, they will see why the committee and had the support of serve the interests of this country, we there are legitimate concerns about her home State Senators. Months went need to fill these jobs with qualified that nomination. Some of the nomi- by before she got her vote. It was unan- people. It is bad for labor not to have nees are not controversial and should imous to confirm her. It wasn’t any- Craig Becker on that Board. It is bad move forward at a steady pace for con- body’s fault but the Democratic leader- for management not to have Craig firmation in the Senate. Most of the ship’s fault. Becker on that Board. That is clear by nominations that have been submitted My colleagues always complain about what respected management lawyers for positions in the Federal Govern- holding up nominees, and they them- have said. They have urged the Senate ment in the Department of Justice and selves are not moving them in an expe- to quickly confirm Mr. Becker—these on the Federal courts have moved for- ditious manner. Sometimes the Presi- are management lawyers—because of ward rapidly without controversy. If dent is slow to make nominations. As a his fairness and his sound judgment. one is controversial, the Senate should result, we get complaints that it is the He has answered, as I said, in writing, take its time and give full consider- Republicans’ fault. It is just not. more than 300 questions from the Re- ation of it. If we have an objection—a serious ob- publicans on the Senate HELP Com- Last week my colleague from New jection—that should be respected, we mittee. Jersey accused the Republicans of ‘‘ob- should state it, and we should bring it This is not very entertaining. I was jecting’’ every time the majority lead- to the floor and discuss the nomina- almost entertained when my friends— er tried to schedule a vote on Judge tion, as is occurring with Mr. Becker. and I have heard at least three Sen- Greenaway. I have to say my col- ators on the other side of the aisle do leagues are seriously misinformed and Compare that to the unreasonable this with Craig Becker’s appointment. I am not happy to be unfairly criticized delays of judicial nominations that They brought up ACORN. When Repub- for holding up the nomination. Let me President Bush sought. For example, licans cannot think of anything else to explain exactly what happened. Shalom Stone was nominated for this say, when they cannot think of any ar- As Chairman LEAHY has acknowl- very seat. The reason it is vacant and guments that work, they throw in edged, the majority leader, Senator the reason it is being filled today is be- ACORN: He knew somebody at ACORN; REID, did not seek Republican consent cause Shalom Stone was blocked. he must have had something to do with to proceed with this nomination on the Stone was nominated in July of 2007 ACORN. If no arguments work, it is floor of the Senate until 2 weeks ago, and was basically pocket-filibustered time to try ACORN out and tie Craig and that was late on a Friday after- by the Democratic majority. He never Becker right to ACORN, whatever noon. The Republicans were able to received a hearing in committee. He ACORN is. It would be amusing if they clear the nomination and allow it to never even received a hearing in com- did not use it time after time. He must move forward with a modest time mittee. His nomination, therefore, be a bad nominee because he worked agreement before a final vote and allow lapsed at the end of President Bush’s with somebody from ACORN or he the kind of discussion that we are hav- term. That is how Judge Greenaway worked with somebody from the Serv- ing today. was nominated.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S520 CONGRESSIONAL RECORD — SENATE February 9, 2010 On average, President Bush’s circuit pointment by which they are no longer of the table, in both postures gaining an un- nominees waited nearly a year for con- subject to review by the people of our derstanding of employers’ concerns and often firmation—a year on average for cir- country. We allow them to be an inde- finding common ground between labor and management. It is this range of experience cuit court nominees. pendent branch, but we have to insist that, should I be confirmed, I will draw on in As for Judge Greenaway, he, like that they be independent and objective collaborating with my fellow Board Members many of President Obama’s nominees, I as they render their opinions. to fairly, efficiently and faithfully apply the am pleased to say, has openly rejected I yield the floor. law. the empathy standard. Mr. KERRY. Madam President, in 25 Mr. Becker is widely respected by the In his response to a followup ques- years in the Senate, this is the first legal community and management law- tion, Judge Greenaway stated this time I’ve seen a vote on a nominee to yers alike. Last month, 66 labor law about the controversial empathy the National Labor Relations Board professors from the Nation’s top law standard: fraught with such controversy and sub- schools wrote Senate leaders urging his Empathy cannot play a role in a judge’s ject even to a filibuster. But I regret to immediate confirmation and attesting consideration of a case or in determining say it is controversy manufactured by to his ‘‘integrity, fairness, and dedica- what the law means. I have told lawyers who the Senate minority for only one rea- tion to advancing Congress’ purposes in appear before me that as a human being, I son—a filibuster as political tactic to adopting federal labor law and to the may have empathy for their client, but as a stonewall President Obama at every judge, I have none because that is not my role of the NLRB.’’ job. The pure exercise of empathy in deci- turn. And yet it has taken almost 8 months sionmaking would lead to unsound and in- Consequently, this nomination is an for us to get to this point—just to consistent decisions. important test of the minority, a test reach the point of finally getting to That is a solid statement of what I of all those who for years under Presi- vote on his nomination. It is an 8- think most judges believe, Republicans dent Bush repeated and repeated de- month journey that underscores just and Democrats alike. But, unfortu- mands for ‘‘up or down votes’’ on nomi- how committed the minority has been nately, it is not the philosophy stated nees, and got them without the kind of to prevent President Obama from staff- by the President of the United States 8-month delays that have scuttled ing the executive branch of govern- when he said he was going to look for Craig Becker’s nomination. ment or moving any agenda forward. empathy in nominees to the bench. It is also a test of whether the Senate Mr. Becker was nominated by the Empathy is contrary to the oath a minority will accept the President’s President in July 2009, and in October judge takes, which states: overtures to work together for the ben- the Senate Health, Education, Labor I . . . do solemnly swear that I will admin- efit of the American people or whether and Pensions Committee approved his ister justice without respect to persons, and they will continue to vote strictly nomination—and it did so with bipar- do equal right to the poor and to the rich, along party lines to obstruct those ef- tisan support from Senator ENZI and and that I will faithfully and impartially dis- forts for no reason other than political Senator MURKOWSKI. charge and perform all the duties incumbent gains for their party. But after that, Senator MCCAIN upon me . . . No one disputes that Craig Becker is placed a ‘‘hold’’ on his nomination, That is the oath they take to be im- one of the preeminent authorities on forcing the President to resubmit it partial. We need judges who are honor- labor law in the United States. He has last month. And then, at the insistence able, intelligent, capable, and who un- taught at Georgetown, UCLA, and the of the Senate minority, the HELP derstand their role to enforce the laws University of Chicago and has authored Committee was forced to hold a hear- as written and to be impartial as they numerous articles on labor and em- ing the nomination, something the carry out that duty. ployment issues. He is a skilled liti- Committee hasn’t had to do for an People talk about their backgrounds, gator, who has advocated for workers’ NLRB nominee since 1980. their experiences—what are they say- interests in virtually all Federal courts Moreover, Mr. Becker dutifully an- ing? They are saying that my back- of appeals, including the U.S. Supreme swered hundreds of written questions ground, my ethnicity, my religion, my Court. from Republicans—more questions rural or urban environment allows me Some of my colleagues have ex- than Supreme Court Justice Sonia to see things in a way that may be dif- pressed concern about Mr. Becker’s Sotomayor had to answer during her ferent and, therefore, I am empowered nomination because of his academic confirmation process. And when the to bring those ideas, concepts, and phi- writings. It is true that Mr. Becker has Committee voted a second time on Mr. losophies to my decisionmaking proc- published numerous articles on labor Becker, not one Republican voted for ess, which I suggest is very much akin and employment law in scholarly jour- him, not even those who had supported to saying I believe I can bring my bi- nals, including the Harvard Law Re- him the first time around. ases to the decisionmaking process. view and the Chicago Law Review. His Critics have attacked Mr. Becker for They are directly contrary to the extensive writings argue for law labor his work on behalf of unions in the American ideal of an impartial judge, a reforms to allow workers to exercise past. But most labor lawyers devote neutral umpire who calls balls and their rights to associate and organize. their careers either to representing strikes without regard for which team But since when has there been any- unions and workers or to representing they are for or not for. thing disqualifying about taking a crit- management. This avoids conflicts of These are lifetime appointments. We ical approach to existing law and chal- interest. We have historically con- look at these nominations carefully. lenging convention in his field? firmed NLRB nominees from both These nominees must demonstrate Some in the minority object to Mr. backgrounds, and indeed the package they will follow the plain meaning of Becker simply because he is a union of nominations before the Senate in- the law and not allow their own per- lawyer—a counsel to both the AFL–CIO cludes Brian Hayes, who practiced for sonal biases and prejudices to influence and the Service Employees Inter- many years as a management-side their decisionmaking process. national Union. But that hardly dis- labor lawyer and has served as Repub- Based on his testimony at the hear- qualifies him. The Senate has consist- lican HELP Committee labor counsel. ing, his assurances and answers to fol- ently confirmed Board members with The fact of the matter is that the mi- lowup questions, I believe Judge backgrounds in unions as well as in nority want to turn this nomination Greenaway will do that. I am proud to management. And Mr. Becker has re- into a litmus test on legislation we support him as I have supported most peatedly said that he will approach all have yet to consider—legislation on re- of President Obama’s nominees. But we the matters before the Board impar- forming how workers exercise their do have a responsibility to analyze tially and with open mind—just what right to organize. The criticism re- these nominees’ records, to hold fair we need and expect at an agency as peated most often of Mr. Becker is that and rigorous hearings, to ask for addi- independent as the NLRB. he would use his position on the NLRB tional time, if that is necessary, to en- Here is what he said at his confirma- to institute a binding system for orga- sure each nominee is given the scru- tion hearing: nizing that would allow workers to se- tiny that Congress is required to give As an attorney, I have sat across the table lect a union by signing cards. That sys- before the elevation to a lifetime ap- from management and also on the same side tem is backed by organized labor.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S521 But here is what is important. Mak- dent has the right to make his choice. So we had a hearing, and Mr. Becker ing a card check system binding on em- Advise and consent is not a blank came. I thought he presented himself ployers is something Craig Becker has check to delay and obstruct. And vot- extremely well, answered all the ques- said he would not and could not do. He ing along party lines, especially on this tions, and then we moved ahead on the is being filibustered over something he nomination, with no regard for the nomination. But we had that package has specifically pledged not to do—and broader national interest is not what before, and that package was supported which is not the question before us any of us were sent here to do. on a bipartisan basis. But once Mr. today. It is no surprise that in his role The PRESIDING OFFICER. The Sen- Becker got separated from the package as a labor lawyer, Mr. Becker has been ator from Iowa. by the actions of one Republican Sen- a strong supporter of a legislative pro- Mr. HARKIN. Madam President, I ator, as I just mentioned, well, now it posal to make it possible for workers ask unanimous consent that the Feb- is OK to move two of them but not Mr. to organize by signing cards in favor of ruary 4 order with respect to the Exec- Becker. Well, I find that disconcerting. a union. But he has clearly stated—and utive Calendar be further modified to I find it very disconcerting. That accurately stated—that only Congress provide that the debate time be ex- agreement has now been abandoned. It can take such action. This confirma- tended until 4 p.m., and that at 4 p.m., is too bad because there are many tion is not, nor should it be about the the Senate proceed to vote on the nom- other important ways we could be Employee Free Choice Act legislation ination of Joseph Greenaway, with the using our time in the Senate rather that we have yet to debate and con- time until then divided as previously than on just a routine nomination. sider. This is about ensuring that the ordered, and that the remaining provi- That is not to say the work of the NLRB can operate. And it is about sions of the February 4 order, as modi- NLRB is not important. It is critical, whether or not a qualified aspiring fied, still be in effect. especially in these troubled and turbu- public servant will be allowed to serve. The PRESIDING OFFICER. Without lent times. The NLRB is a small agen- As you know, the NLRB plays a crit- objection, it is so ordered. cy, but its mission is large. Listen to ical role in protecting workers’ rights. Mr. HARKIN. Madam President, with the words of the National Labor Rela- And yet, in the last 2 years, the NLRB only half an hour to go, we are here tions Act that sets up the NLRB: has operated with only two of its five today to consider two things, but I The NLRB’s mission is to encourage the members. And the courts are split on think most important—and what is on practice and procedure of collective bar- whether a two-member NLRB can val- everyone’s mind now—is the nomina- gaining and to protect the exercise by work- idly issue decisions. The Supreme tion of Harold Craig Becker to serve as ers of full freedom of association. Court is set to decide the matter later a member of the National Labor Rela- Let me say that again: this year. tions Board. . . . to encourage the practice and procedure Meanwhile, though, the NLRB strug- I first wish to thank my colleague of collective bargaining. gles along with a majority of its seats from Ohio for a very poignant and That doesn’t say the NLRB is just vacant—and I am sorry to be forced to pointed and very clear kind of laying supposed to sit back and say: Well, we acknowledge that may be exactly what out of what this is really all about. So don’t care whether someone is union- our Republican colleagues want. Well I thank Senator BROWN for that. ized or not unionized; we don’t care over a year after President Obama’s in- While I am always proud to discuss whether someone is able to use collec- auguration, nominees to key positions the accomplishments of a highly quali- tive bargaining. That is not the law of in the executive branch are still await- fied nominee such as Mr. Becker, it is the land. Read the law. They are to en- ing confirmation because they have unfortunate we got to this point. Last courage the practice and procedure of been placed on ‘‘hold’’ by the minority. year, we had an agreement with the collective bargaining. So when I hear In most cases, the objections to the Republicans on the HELP Committee people get up and say that someone on nominees have nothing to do with the that we would move Mr. Becker’s nom- the Board is going to be pro-union or nominee’s qualifications and every- ination as a package, along with the pro-collective bargaining, I say: Well, thing to do with parochial interests. other two pending nominees for the that is kind of in keeping with the very Whether holding a nominee to try to Board, one of whom is a Republican. words that establish the National steer a Federal contract to a State or Well, what happened is, at the end of Labor Relations Board. to express opposition to Canadian to- the year, under the rules of the Senate, In today’s challenging economy, bacco legislation, the minority is turn- one Senator on the Republican side ob- when workers are vulnerable, worrying ing the Senate’s power to advise and jected to having Mr. Becker continue about their future, it is critically im- consent into the power to bully and ex- on the calendar. It is clearly their portant to have strong leadership on tort and, above all, to prevent Barack right, but they did that, and so it went the Board that understands its man- Obama from having the people in place back to the White House and then date. I believe very strongly in the mis- necessary to govern effectively. And came back to us. sion of the NLRB, and I have a deep re- those who lose in this game are not I was asked, as the chairman of the spect and admiration for the dedicated Democrats, it is the American people. committee, to have a hearing on Mr. people who work there. But I have They need the executive branch to exe- Becker. We haven’t had a hearing on a made no secret of the fact that I am cute the laws we have passed and we nominee for the NLRB since 1985. We troubled by some aspects of the Board’s should let it. had a hearing for someone to be chair- recent performance. I think in the elections of 2006, 2008, man, but just for a member, not since In recent years, the Board is not and yes in the special election in Mas- 1985. Since that time, we have always doing all it can to inform workers of sachusetts in 2010, we have witnessed a worked together in a bipartisan fashion their rights or to assess appropriate rejection of the polarized and too often to have a package. When there is a Re- penalties for repeat violators of our murky ways of doing business in Wash- publican President, it is usually two labor laws. And that is not to mention ington. But I regret to say, there is no Republicans and one Democrat. When the excessive delays at the Board, be- better example of that kind of Wash- there is a Democratic President, it is cause we know justice delayed is jus- ington backroom business than the usually two Democrats and one Repub- tice denied in many cases. way the minority has behaved on the lican. But we have never had any hear- There is no real penalty for violating nomination of Craig Becker. ings on this. workers’ rights. In the last 4 years, the And so, I respectfully ask my Repub- I didn’t have to have a hearing on median time to process an unfair labor lican colleagues to put aside the Mr. Becker, but I decided to bend over practice charge at the Board has aver- gamesmanship on this nomination and backward and say: Look, OK, fine, let’s aged about 782 days. That is more than take a hard look at Craig Becker, his have a hearing on Mr. Becker. I could 2 years. The median time between the testimony, his record and his commit- have had a hearing with all three of petition for an election and the time ment to the rights of working men and them. I could have had the Republican when the Board certifies the results of women. He doesn’t have to be your up there too. Maybe we could have a disputed election is 308 days. What first choice to head the NLRB. But you given him 400 questions. But I don’t does this mean? It means that if some- have to acknowledge that the Presi- like to play those games. one is exercising his or her legal right

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S522 CONGRESSIONAL RECORD — SENATE February 9, 2010 to help organize a union and the em- That is a quote from an attorney who appreciation of and deeply felt commitment ployer fires that person, which is a vio- represents management. and dedication to the principles enunciated lation of the National Labor Relations Another one said: by Congress and embodied in the National Act, and that employee then files a I have read of the concerns expressed by Labor Relations Act. case with the NLRB, it takes over 2 some that Mr. Becker would prove ‘‘doc- I have read of the concerns expressed by years to get to it. Well, that person is trinaire’’ and/or biased toward unions in his some that Mr. Becker would prove ‘‘doc- fired. What does that person do? Sup- application of the NLRA. It is my honest trinaire’’ and/or biased toward unions in his pose that person—he or she—is mar- opinion, based on firsthand experience deal- application of the NLRA. It is my honest ing with him, that these concerns are com- ried; they have a couple of kids and opinion, based upon first-hand experience pletely unfounded. On the contrary, I am dealing with him, that these concerns are they need that income, so they have to convinced that Mr. Becker would dem- get another job. They have to get an- completely unfounded. On the contrary, I am onstrate fairness, integrity, sound judgment, convinced that Mr. Becker would dem- and an abiding respect for all the Congres- other job. Now 2 years have gone by, onstrate fairness, integrity, sound judgment sionally mandated rights of employers, and the National Labor Relations and an abiding respect for all of the Congres- unions, and employees alike. I respectfully Board finds in favor of the employee sionally mandated rights of employers, urge you to support his confirmation. who was wrongly fired. What does the unions, and employees alike. I respectfully employer have to do? The employer has Madam President, I ask unanimous urge you to support his confirmation. to pay back wages minus any other consent to have printed in the RECORD Sincerely, wages that employee made during that both of the letters from which I have RICHARD L. MARCUS. intervening time. Well, if that em- just quoted, along with other letters ployee was lucky enough to get a job and an endorsement from more than 60 NEW YORK UNIVERSITY, that paid as well, that means the em- law professors. SCHOOL OF LAW FACULTY OF LAW, ployer pays nothing—nothing. So is it There being no objection, the mate- New York, NY, January 19, 2010. any wonder employers feel they can rial was ordered to be printed in the Re Confirmation of Craig Becker as a Mem- just fire people willy-nilly for exer- RECORD, as follows: ber of the NLRB cising their right to form a union, LANER MUCHIN DOMBROW BECKER Hon. TOM HARKIN, when there is really no penalty? LEVIN AND TOMINBERG, LTD., Chairman, Committee on Health, Education, That is what is happening today. It is January 29, 2010. Labor, and Pensions, U.S. Senate, Wash- ington, DC. a serious problem, and we have to put Re Confirmation of Craig Becker as a Mem- ber of the NLRB. Hon. MIKE ENZI, this agency back on track. They have Ranking Member, Committee on Health, Edu- to close down that amount of time. I Hon. HARRY REID, Majority Leader, U.S. Senate, cation, Labor, and Pensions, U.S. Senate, am confident Craig Becker can be an Washington, DC. Washington, DC. important part of that effort. He is one Hon. MITCH MCCONNELL, DEAR CHAIRMAN HARKIN AND RANKING MEM- of the preeminent labor law thinkers in Minority Leader, U.S. Senate, BER ENZI: I have practiced and taught labor the United States and, I might add, a Washington, DC. and employment law for over 30 years, hold proud son of the State of Iowa, born DEAR SENATOR REID AND SENATOR MCCON- the Dwight D. Opperman professorship at and raised in Iowa. His father was a NELL: As a lawyer who has represented em- New York University School of Law, direct professor at the university. He has ployers in the private and public sectors for NYU’s Center for Labor and Employment taught labor law at some of our finest over (30) years, I am writing to describe my Law, and serve as Chief Reporter for the experiences with Craig Becker. American Law Institute’s Restatement law schools, including Georgetown, Over the years, I have worked with Mr. (Third) of Employment Law. UCLA, and the University of Chicago, Becker on a number of complex issues and and he has authored numerous articles cases that had significant implications for I am writing in support of the confirma- on labor and employment issues. He is his union clients, and my employer clients. tion of Craig Becker to be a member of the also a skilled litigator who has advo- Although we were both aggressive advocates National Labor Relations Board (NLRB or cated for workers’ interests in the for our respective clients and their positions, Board), and I do on the following basis. highest courts of this land. He has ar- we were always able to have an open dia- The President, in my view, should enjoy a logue. I believe that Mr. Becker always took broad latitude in selecting members of his gued cases in virtually every court of the time to understand the issues from the administration, including members of inde- appeals and before the U.S. Supreme employer’s side, and was willing to work cre- pendent agencies like the NLRB. Congress Court. I have met with him and spoken atively toward amicable resolutions of the with him at length, and I know he will issues. In other words, he is a problem-solv- has the responsibility to make sure that the be an invaluable addition to the NLRB. er, a characteristic that is highly-valued in a President’s selections do not have disquali- He is an expert on the law, he knows lawyer. fying problems of competence or character; Based on my many experiences, I believe if the President’s nominees do pass that test the Board, and he brings a tremendous and fall within a broad zone of acceptability, depth of experience to this important that Mr. Becker’s integrity is exceptional, as is his knowledge of labor law, and he will be Congress has a reciprocal duty to confirm position. fair, hard-working, and an asset to the Na- the President’s choices. That is particularly His impressive accomplishments tional Labor Relations Board. true with respect to the NLRB. There is a have earned the respect of his col- Very truly yours, good deal of controversy over whether the leagues in the bar and his colleagues in JOSEPH M. GAGLIARDO. NLRB still functions as an effective agency the academy. This committee has re- in enforcing statutory rights and obliga- ceived several letters of recommenda- SONNENSCHEIN NATH & tions. Much of this controversy has played a tion from management-side attor- ROSENTHAL LLP, role in the debates over the proposed Em- neys—people who have litigated January 28, 2010. ployee Free Choice Act, still under consider- Re Confirmation of Craig Becker as a Mem- ation in Congress. It is therefore in the in- against Mr. Becker as adversaries— ber of the NLRB. praising his virtues and his potential terest of all—employees, employers, unions, Hon. MITCH MCCONNELL, judges and lawyers—that the Board operate as a Board member. This chart reflects Minority Leader, U.S. Senate, with a full complement reflecting the var- the comments of one such attorney: Washington, DC. ious Presidential choices over time as to the Over the years, I have worked with Mr. DEAR SENATOR MCCONNELL: As an attorney best people for the job. Becker on a number of complex issues and who, for more than 47 years, has practiced It is clear that Mr. Becker passes the tests cases. Although we were both aggressive ad- exclusively in the area of Labor and Employ- vocates for our respective clients and their ment Law representing management, I am of competence and character and falls within positions, we were always able to have an writing to urge the confirmation of Craig the broad zone of acceptability. Although I open dialogue. I believe that Mr. Becker al- Becker as a Member of the National Labor have sometimes disagreed with his legal po- ways took the time to understand the issues Relations Board. sitions and his writings, I have consistently from the employer’s side, and was willing to I have had the opportunity to work to- found his work to be the product of a highly work creatively toward amicable resolutions gether with and in opposition to Mr. Becker intelligent, thoughtful person who knows of the issues. Based on my many experiences, on a number of matters involving a signifi- and understands the labor law materials and I believe that Mr. Becker’s integrity is ex- cant number of employers and employees, in- is open to reasoned discussion. Based on my ceptional, as is his knowledge of labor law, cluding litigation and collective bargaining interactions with him, I am confident that and he will be fair, hard-working, and an negotiations. Throughout, he has consist- he will be a most able member of this distin- asset to the NLRB Board. ently demonstrated an impressive grasp and guished agency.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S523 I urge you to confirm Mr. Becker as a topher Cameron, Southwestern University committee Republicans. He also said member of the Board. If you have any ques- Law School; Susan Carle, American Univer- he would meet with any Senator who tions or wish to discuss this further, please sity, Washington College of Law; Kenneth expressed an interest to personally ex- advise. Casebeer, University of Miami Law School; plain his views. Only two asked to Sincerely, Carin Clauss, University of Wisconsin Law SAMUEL ESTREICHER. School; Lance Compa, Cornell University meet with him. This year, he testified ILR School; Laura Cooper, University of before the HELP Committee, as I men- UNIVERSITY OF CALIFORNIA, Minnesota Law School; Roberto Corrada, tioned earlier, and answered 158 addi- SCHOOL OF LAW, Denver University School of Law; Marion tional questions. To put this in per- Irvine, CA, January 21, 2010. Crain, Washington University School of Law; spective, Justice Sotomayor, seeking a Re Confirmation of Craig Becker as a Mem- Charles Craver, George Washington Univer- lifetime appointment on the Supreme ber of the NLRB. sity Law School; llen Dannin, Penn State Court, only had 220 questions sub- University Dickinson College of Law; Ken- Hon. HARRY REID, neth Dau-Schmidt, Indiana University, mitted to her. Majority Leader, U.S. Senate, While this exhaustive vetting process Washington, DC. Bloomington—School of Law; Henry Drummonds, Lewis & Clark—Northwestern should have alleviated any concerns Hon. MITCH MCCONNELL, Minority Leader, U.S. Senate, School of Law; Fred Feinstein, University of about Mr. Becker’s nomination, it ap- Maryland School of Public Policy; Washington, DC. pears there is still a lot of misinforma- Janice Fine, Rutgers University School of DEAR SENATOR REID AND SENATOR MCCON- tion going around, so I would like to Management and Labor Relations; Matthew NELL: As teachers and scholars of labor law, take this opportunity to set the record Finkin, University of Illinois Law School; we write to express our strong support for Michael Fischl, University of Connecticut straight once and for all—not that I the confirmation of Craig Becker to be a Law School; William Forbath, University of think what I am about to say or the Member of the National Labor Relations Texas Law School; Ruben Garcia, California letters and things I will point to will Board. We believe firmly that, if confirmed, Western School of Law; Julius Getman, Uni- change any Republican minds. It seems Mr. Becker will prove to be one of the most versity of Texas Law School; Michael Gold- respected Board Members in the history of as though their minds are made up en berg, Widener University School of Law; bloc that they are going to oppose Mr. the NLRB. Alvin Goldman, University of Kentucky Law Mr. Becker possesses unparalleled quali- Becker, just as they opposed Patricia School; Jennifer Gordon, Fordham Univer- fications to be a Member of the Board. He sity Law School; Robert Gorman, University Smith. But I think it is important for has practiced labor law for many years and of Pennsylvania Law School; William B. the general public to get the facts and also taught and written extensively about Gould, Stanford University Law School; Jo- to understand what this is all about. labor law and related subjects. Mr. Becker seph Grodin, University of California, First and foremost, critics have sug- has had an enormous range of practical expe- Hastings College of Law; Michael Hayes, gested Mr. Becker would come to the rience in the field of labor law, having rep- University of Baltimore Law School; Doro- resented a broad range of unions in the pub- Board with an agenda and that he thy Hill, Albany Law School; William Hines, would try to implement the Employee lic and the private sector as well as many in- University of Iowa School of Law; Ann dividual workers, both union members and Free Choice Act by administrative fiat. Hodges, University of Richmond Law School; As you are all aware, I am a sup- nonmembers. He has argued cases in vir- Alan Hyde, Rutgers University Law School, tually every United States Court of Appeals Newark; Linda Kerber, University of Iowa porter of the Employee Free Choice and in the United States Supreme Court, College of Law and Department of History; Act, as is President Obama. He cam- many of them among the most important Karl Klare, Northeastern University Law paigned on it. I hope to see it passed by labor law cases of the last several decades. School; Thomas Kohler, Boston College Law Congress. I look forward to the debate. He has also taught labor law at several of School; Howard Lesnick, University of Penn- I hope it is signed into law by the our nation’s finest law schools, including the sylvania Law School; Ariana Levinson, Uni- President. But I have no illusions that University of Chicago, Georgetown and versity of Louisville, Louis Brandeis School UCLA. His scholarship reflects a great re- those important changes can somehow of Law; Anne Marie Lofaso, University of be accomplished administratively, and spect for and deep knowledge of the law and West Virginia Law School; Deborah weighs and considers all arguments in a fair Malamud, New York University Law School; neither does Craig Becker. He has and honest manner. His articles are widely Martin Malin, Chicago-Kent College of Law; clearly and consistently explained on cited, regularly used in law school classes, Carlin Meyer, New York Law School; Gary numerous occasions that all three and admired by labor law scholars across the Minda, Brooklyn Law School; Charles Mor- major reforms in the Employee Free political spectrum. ris, Southern Methodist University, Dedman Despite Mr. Becker’s obvious qualifica- Choice Act—the card check, binding ar- School of Law; Maria Ontiveros, University tions to be a Member of the NLRB, his oppo- bitration for first contracts, and in- of San Francisco School of Law; James Pope, nents have made a series of misleading and creased penalties for violations of the Rutgers Law School—Newark; Cornelia inaccurate statements about him and, in law—cannot be accomplished without a Pillard, Georgetown University Law Center; particular, about his published work. We Theodore St. Antoine, University of Michi- change in the statute. As we all know, urge anyone considering Mr. Becker’s nomi- gan Law School; Paul Secunda, Marquette statutes can only be amended by those nation not to rely on sound bites, fragments University Law School; Lorraine Schmall, of us elected to Congress, not by ap- taken out of context, and misquotations, but Northern Illinois University Law School; pointees to the NLRB. Mr. Becker was to actually read Mr. Becker’s scholarly writ- Sidney Shapiro, Wake Forest University Law ing. unequivocal in his responses on this School; Joseph Slater, University of Toledo Those of us who know Mr. Becker person- point. College of Law; Susan Stabile, St. Thomas ally as well as those of us who have read his Let’s take a look at what Mr. Becker University Law School; Katherine V.W. work and are familiar with his professional says and not what others say about Stone, UCLA Law School; Lea VanderVelde, reputation can attest to his integrity, fair- him, not what others would like him to University of Iowa College of Law; Joan ness, and dedication to advancing Congress’ Vogel, Vermont Law School; Marley Weiss, do. We heard a lot about that on Patri- purposes in adopting federal labor law and to University of Maryland Law School; Martha cia Smith a week ago, on what others the role of the NLRB. Without qualification West, University of California, Davis—Law said, but let’s take a look at what Mr. we urge prompt confirmation of Mr. Becker School; Donna Young, Albany Law School; Becker has to say. to be a member of the NLRB. Noah Zatz, UCLA Law School. Sincerely, On the issue of card check, he states: CATHERINE FISK. Mr. HARKIN. As these records show, The reason the Employee Free Choice Act Institutional affiliations listed for pur- those who know Mr. Becker the best all has been introduced in Congress and the rea- poses of identification only. agree the President could not have son that question is before Congress and not I am authorized to state that the following made a better choice. the Board is that the current Act clearly have read this letter and join it. Unfortunately, Mr. Becker’s nomina- precludes certification in the absence of a se- cret ballot election. Section 9 of the Act, in James Brudney, Ohio State University, tion has been delayed for months on two distinct ways, makes clear that Con- Moritz College of Law; Cynthia Estlund, New end due to criticisms that are based on gress has intended that a secret ballot elec- York University School of Law; Benjamin, misinformation and misleading de- tion be preconditioned for certification of Sachs Harvard Law School; David Abraham, scriptions of his views. Mr. Becker has the union. University of Miami School of Law; James gone to great lengths to dispel those Atleson, State University of New York at So, again, what Mr. Becker has said Buffalo School of Law; Mark Barenberg, Co- concerns and set the record straight. is that the Board can’t change that. lumbia University Law School; Esta Bigler, The first time his nomination was con- On binding arbitration, he said: Cornell University ILR School; Susan Bisom- sidered by this committee last year, he The second section [of EFCA] establishes Rapp, Thomas Jefferson Law School; Chris- answered 282 written questions from procedures for mediation and, if necessary,

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S524 CONGRESSIONAL RECORD — SENATE February 9, 2010 binding arbitration in circumstances where a tion and to form, join, or assist labor nations. If the Senator from Iowa wish- union or employer engaged in bargaining for organizations and the right to refrain es to use all the time for his nomina- a first contract are unable to reach agree- from doing any and all of such activi- tion, I also point out that Judge ment. Action by Congress would also be re- ties with the limited exception pro- Greenaway has been waiting since last quired to implement these procedures. vided in section 8(a)(3) as modified by June for his vote. But certainly the So on the second part of the Em- section 14(b). If I am confirmed, I will Senator has the floor. I understand he ployee Free Choice Act, Mr. Becker faithfully apply those provisions of the has the floor and I understand he can says that only Congress can change it. law.’’ And again, in response to a ques- take all the time and not leave any Finally, in discussing the new pen- tion from Senator ROBERTS, he stated time to the other Senators who are alties about which I spoke a little bit without reservation that: ‘‘I believe supposed to receive time. ago, Mr. Becker says: workers should have a choice of wheth- The PRESIDING OFFICER. The The third and final section of EFCA would er or not to join a union.’’ Democrats retain 7 minutes 40 seconds establish civil penalties and a treble backpay Similarly, in discussing allegations in debate. remedy for certain unfair labor practices. I do not believe the Board has authority to that he supports eliminating employer The Senator from Iowa is recognized. award double or triple backpay as a remedy free speech rights, Mr. Becker has re- Mr. HARKIN. Madam President, I do for a violation of Section 8(a)(3) without con- sponded: ‘‘It’s clear that employers not want to keep anyone from speak- gressional action nor do I believe that sec- have a legitimate interest, and have a ing. I was under a misimpression. I did tion 10 currently vests in the Board the au- right which is indisputable to express not know I did not have my 45 minutes. thority to impose the penalties discussed their views on the question of whether I apologize. This was not part of my in- above. their employees should unionize. So formation. I will try to wrap up as rap- Well, I don’t think he could have nothing in . . . my writing should be idly as I can. But I think this is impor- been any clearer in his views on this construed to suggest that in any way I tant. issue. think that employers don’t have a Obviously, Mr. Greenaway seems to Earlier, we had some discussion by right to clearly express their views on have a lot of support. There is no con- the Senator from Georgia and also my the question of unionization.’’ That tention about him but there certainly colleague from Wyoming about the Na- was in response to a question by Sen- is about Mr. Becker and I want to set tional Mediation Board and how two ator ISAKSON. the record straight about Mr. Becker. people got on the Mediation Board and I fail to see why these direct and un- My colleagues seem to have a prob- immediately overturned 75 years of equivocal responses do not alleviate lem with Mr. Becker simply because he law. my colleagues’ concerns. I don’t know is a union lawyer and a darned good What you never heard was that the what more his critics are looking for. one. But that should not be a cause for National Mediation Board acted within Evidently they are more interested concern. Most labor lawyers devote their rights. No one is saying they did in looking at what other people have to their time either to labor or rep- something to violate a law. They acted say about him than what Mr. Becker resenting management. Indeed, since within the purview of the authority says himself. the Board’s inception, 23 management they have. That is not the same case Finally, some of my colleagues seem attorneys or consultants have served with the NLRB. They do not have this to have problems—— on the Board compared to only 3 who authority. Second, I think it is impor- Mr. LEAHY. Will the Senator yield came from a background of rep- tant, since people listened to this for a question? resenting unions—23 to 3. Now we have about the National Mediation Board, to Mr. HARKIN. Yes. someone come from a background of clear up one thing. Here is what they Mr. LEAHY. Madam President, we representing unions and now they do did. For 75 years they have said basi- have several Senators who wish to not want him on the Board. cally in these types of elections, if speak on the first vote that is coming Again, these people all came from someone doesn’t vote it is considered a up this afternoon, the Greenaway nom- different backgrounds. I am sure Mr. ‘‘no’’ vote. Imagine that. If you don’t ination. Is the Senator going to give us Becker will approach this with an open vote it is a ‘‘no’’ vote. Now they say any time? Because our time is also mind and impartiality. No one has sug- that you only have to have 51 percent being used by him right now. I was gested there is an ethical problem with of those voting to have an affirmative wondering if at some point we might Mr. Becker’s previous employment. He vote. Who is going to dispute that? have time to speak on the Greenaway has clearly and unequivocally stated That is what we do in bond elections in nomination. that he will recuse himself from mat- this country, that is what we do in ref- Mr. HARKIN. I say to my friend, I ters that may come before the Board erendums, school board elections, and thought we had 45 minutes on our side concerning his former employers, the even elections for the Senate. for the nomination of Mr. Becker. Service Employees International Union Think about this. What if you said if Mr. LEAHY. No. and the AFL–CIO, for a period of 2 you don’t vote that is a ‘‘no’’ vote. No- Mr. HARKIN. I am using that time. years. He answered 440 written ques- where else in this country do we say Mr. LEAHY. Madam President, my tions. After months of delay, it is time that. If you don’t vote, it should not be understanding is that time was to be to move on, not only because Mr. Beck- counted yes and it should not be count- used for both Becker and Greenaway. I er is so abundantly qualified but also ed no. The National Mediation Board was wondering, since Greenaway is the because the NLRB has important work simply applied the general rule of elec- first vote we are going to come to, to do. We owe it to hard-working tions we follow in this country. whether we will have time on that. Americans to act quickly on these Mr. Becker has also received criti- The PRESIDING OFFICER. The time nominations. I hope all my colleagues cism based on his academic writings. is incurred on both matters. will join me in supporting Mr. Becker’s Opponents of his nomination have sug- Mr. HARKIN. I believed, under the nomination so we can complete this gested that he supports radical changes information that I had, 45 minutes out process and let him start his important in the law that would require workers of 90 minutes that was evenly split on work. to join unions against their will, or Mr. Becker. I have been waiting for a I yield the floor. take away the free speech rights of em- long time to speak on Mr. Becker. I see I apologize to my good friend from ployers. These wild assertions have no no reason why we couldn’t ask for con- Vermont but as he can tell, I needed to basis in reality, and Mr. Becker has sent to move the vote back a little bit get the record straight on Mr. Becker. gone to great pains to rebut these if people want to. I wouldn’t object to Mr. LEAHY. Madam President, no mischaracterizations of his academic that. apology is necessary. The only reason I views. The PRESIDING OFFICER. The Sen- raised that is because I heard what the For example on the issue of manda- ator from Iowa has the floor. order was earlier this afternoon. tory unionism, Mr. Becker has ex- Mr. LEAHY. Madam President, if the Today the Senate will finally con- plained in response to a question from Senator would yield further, the reason sider the nomination of Judge Joseph Senator BURR that: ‘‘The Act vests in I was here is I was told the time, 45 Greenaway to fill the vacancy created employees the right to self-organiza- minutes, was to be used for both nomi- by Justice Alito on the U.S. Court of

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That nomination was re- Hamilton, who everybody said was out- By February 9, 2002, the comparable ported by the Senate Judiciary Com- standing—EVAN BAYH, Democrat; DICK date in President Bush’s first term, the mittee more than 4 months ago, with- LUGAR, Republican; all recommended. Senate had confirmed 32 circuit and out a single dissenting vote. He should How long did it take us? Six months, 6, district court nominations. Judge have been confirmed long ago. I have 7 months for somebody who was sup- Greenaway will be only the 15th Fed- been speaking about this nomination ported by the Democratic and Repub- eral circuit or district judge allowed to for some time to call attention to the lican senator from that State. And you be confirmed. That is less than half of unexplained and unnecessary delay in can multiply that across the board. So where we were in 2002. its consideration. The Senators from we have to start highlighting the fact During just the second year of Presi- New Jersey have both come to the Sen- that this is not how we should be doing dent Bush’s first term, the Democratic ate floor on repeated occasions calling business. Senate majority confirmed 72 judicial for consideration. Judge Greenaway I could not agree more with Presi- nominations and helped reduce the va- will finally be confirmed today. dent Obama. This should not be the cancies left by Republican obstruc- I continue to be deeply disappointed way the Senate behave. Last week, the tionism from over 110 to 59 by the end by the delays and obstruction caused Senate had to vote to invoke cloture of 2002. Overall, in the 17 months that by Senate Republicans. Regrettably, and end the 15th filibuster of President I chaired the Senate Judiciary Com- Judge Greenaway’s long-stalled nomi- Obama’s nominations to fill important mittee during President Bush’s first nation is another example of these tac- posts in the executive branch and the term, the Senate confirmed 100 of his tics. As I previously explained in a judiciary. That number does not in- judicial nominees. statement on January 25, the Senate clude the many other nominees who We continued to be fair and worked majority leader came before the Senate have been prevented up-or-down votes to reduce vacancies even during Presi- on January 22 to highlight the delay in in the Senate by the silent filibuster of dent Bush’s last year in office. With the consideration of Judge Greenaway. Republicans refusing to agree to time Senate Democrats again in the major- Senate Republicans would not agree to agreements to consider even non- ity, we reduced judicial vacancies to as consider his nomination that week, or controversial nominees. Every single low as 34, even though it was a Presi- the next week, or the next. It took the Republican Senator who voted last dential election year. When President persistence of the majority leader and Monday voted against cloture and to Bush left office, we had reduced vacan- the vocal support of the Senators from keep filibustering a well-qualified cies in 9 of the 13 Federal circuits. New Jersey, who spoke on January 25 nominee. Every single Republican As matters stand today, judicial va- and, again on February 2, about the Re- voted to obstruct the Senate from cancies have spiked again, as they did publican stalling, to pry this nomina- doing the business of the American due to Republican obstruction in the tion loose. That is wrong. It should not people. 1990s. These vacancies are again being take such effort to get Senate Repub- Unfortunately, we have seen the re- left unfilled. We started 2010 with the licans to vote on a nomination, espe- peated abuse of filibusters, and delay highest number of vacancies on article cially one that most, if not all, of them and obstruction have become the norm III courts since 1994, when the vacan- are likely to support. We should be able for Senate Republicans. We have seen cies created by the last comprehensive in regular order to consider non- unprecedented obstruction by Senate judgeship bill were still being filled. controversial nominations like that of Republicans on issue after issue—over While it has been nearly 20 years since Judge Greenaway without months of 100 filibusters last year alone, which we enacted a Federal judgeship bill, ju- delay. has affected 70 percent of all Senate ac- dicial vacancies are nearing record lev- Despite the fact that President tion. Instead of time agreements and els, with 102 current vacancies and an- Obama began sending judicial nomi- the will of the majority, the Senate is other 21 already announced. If we had nees to the Senate 2 months earlier faced with a requirement to find 60 proceeded on the judgeship bill rec- than President Bush, last year’s total Senators to overcome a filibuster on ommended by the Judicial Conference was the fewest judicial nominees con- issue after issue. Those who just a to address the growing burden on our firmed in the first year of a Presidency short time ago said that a majority Federal judiciary, as we did in 1984 and in more than 50 years—since 1953 when vote is all that should be needed to 1990, in order to provide the resources President Eisenhower only made nine confirm a nomination, and that filibus- the courts need, current vacancies nominations all year, all of which were ters of nominations are unconstitu- would stand over 160 today and would confirmed. The number of confirma- tional, have reversed themselves and be headed toward 180. That is the true tions was even below the 17 the Senate now employ any delaying tactic they measure of how far behind we have fall- Republican majority allowed to be con- can. en. firmed in the 1996 session. The Republican practice of making Republican Senators insisted on Last week, at the Democratic Policy supermajorities the new standard to stalling confirmation of the nomina- Committee’s issues retreat, I asked proceed to consider many non- tion of Judge Gerard Lynch, who was President Obama if he will continue to controversial and well-qualified nomi- confirmed with more than 90 votes. work hard to send names to the Senate nations for important posts in the ex- They insisted on stalling the nomina- as quickly as possible, and to commit ecutive branch, and to fill vacancies on tion of Judge Andre Davis, who was to work with us, both Republicans and the Federal courts, is having a debili- confirmed with more than 70 votes. Democrats, to get these nominees con- tating effect on our government’s abil- They unsuccessfully filibustered the firmed. So far since taking office the ity to serve the American people. Hard- nomination of Judge David Hamilton President has reached across the aisle working Americans who seek justice in last November, having delayed its con- working with Republicans and Demo- our overburdened Federal courts are sideration for months. They stalled crats to identify well-qualified nomina- the ones who will pay the price for Re- Judge Beverly Martin’s nomination for tions. Yet even these nominations are publicans’ obstruction and delay. They at least 2 months because they would delayed or obstructed. The President deserve better. not agree to consider it before January responded by stating: Even after years of Republican pock- 20. They have stalled for 3 additional Well, this is going to be a priority. et filibusters that blocked more than 60 weeks on Judge Greenaway’s nomina- Look, it is not just judges, unfortu- of President Clinton’s judicial nomi- tion. We have wasted weeks and nately, Pat, it is also all our Federal nees from even having a hearing and months having to seek time agree- appointees. We have got a huge backlog led to skyrocketing judicial vacancies, ments in order to consider nominations of folks who are unanimously viewed as Democrats did not practice this kind of that were reported by the Senate Judi- well qualified; nobody has a specific ob- obstruction and delay in considering ciary Committee unanimously and who

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He received the high- Columbia University and Harvard Law the American people in a more timely est possible rating from the American School, Assistant U.S. Attorney for fashion. Bar Association’s Standing Committee New Jersey, Chief of the Narcotics Di- If they have objections based on on the Federal Judiciary. Senator SES- vision, U.S. District Court Judge for character or ability, tell the American SIONS praised him at his confirmation New Jersey, was confirmed by the Sen- people that. Don’t hide behind a cloak hearing. He should have been con- ate in 1996, presided over more than of procedure. firmed last year, and he would have but 4,000 cases, was rated unanimously The ABA found Judge Greenaway for Republican objection. well-qualified by the ABA and his nom- unanimously well-qualified and the I, again, urge Senate Republicans to ination to the Third Circuit passed Senate Judiciary Committee was unan- reconsider their strategy and allow unanimously by Senate Judiciary Com- imous in supporting this nomination. prompt consideration of the other judi- mittee. Today, I urge all my colleagues to cial nominees awaiting Senate consid- On top of his outstanding experience once again unanimously support the eration: Judge Barbara Keenan of Vir- and intellect, there has never been a confirmation of this brilliant legal ginia, nominated to the Fourth Circuit; question about Judge Greenaway’s scholar, Judge Joseph Greenaway, to Judge Jane Stranch of Tennessee, nom- ability, character, or commitment to the Third Circuit Court of Appeals. Mr. MENENDEZ. Mr. President, I inated to the Sixth Circuit; Judge the community. We are so fortunate first spoke in favor of the nomination Thomas Vanaskie of Pennsylvania, that we have this outstanding indi- of Judge Joseph A. Greenaway for the nominated to the Third Circuit; Judge vidual. U.S. Court of Appeals for the Third Cir- Throughout his career, despite his Denny Chin of New York, nominated to cuit when I introduced him to the Judi- critical bench responsibilities, Judge the Second Circuit; Judge William ciary Committee on September 10. This Greenaway has always found time to Conley, nominated to the Western Dis- has been a long 5-month process, un- trict of Wisconsin; Justice Rogeriee help others aspiring to preserve our necessarily long for a good man and a Thompson of Rhode Island, nominated just society’s obligations—by teaching noncontroversial nominee who was to the First Circuit; Judge James criminal trial practice classes at once unanimously approved by this Wynn of North Carolina, nominated to Cardozo Law School and courses about Chamber under Republican leadership, the Fourth Circuit; Judge Albert Diaz the Supreme Court there and at Colum- and I might add received the full sup- of North Carolina, nominated to the bia University. port, the unanimous support of the Ju- Fourth Circuit; Judge Edward Chen, And he has received numerous honors diciary Committee. Yet the minority nominated to the Northern District of and awards recognizing his work. has continued to delay his confirma- California; and Justice Louis Butler, Among them: Thurgood Marshall Col- tion along with many others. nominated to the Western District of lege Fund Award of Excellence; Garden If confirmed, he would be only the Wisconsin. State Bar Association Distinguished 15th of President Obama’s circuit or I commend the Senators from New Jurist Award; Chair Emeritus of the district court nominees to be con- Jersey for their hard work that has Columbia College Black Alumni Coun- firmed despite more than 100 vacancies proven effective in connection with the cil. on the Federal bench. nomination of Judge Greenaway and I In fact, the only question sur- Having said that, today we are fi- congratulate Judge Greenaway and his rounding Judge Greenaway’s confirma- nally here to vote on the nomination of family. tion is this: What took so long to move a man who fully embodies respect for I note the distinguished senior Sen- him along to this very busy appeals justice and the rule of law that should ator from New Jersey and Senator court? have made this a simple, clear, easy MENENDEZ from New Jersey wish to The PRESIDING OFFICER (Mr. choice. speak. KAUFMAN). The time of the majority Let me briefly repeat his impeccable I yield the floor. has expired. qualifications. At the age of 38, Justice The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, I ask Joseph A. Greenaway, Jr., was ap- ator from New Jersey is recognized. unanimous consent for Senator MENEN- pointed by President Clinton to the Mr. LAUTENBERG. Mr. President, I DEZ to be able to have 3 minutes also. Federal bench and has served for over a regret that the time has been shrunken I ask for an additional 6 minutes for dozen years with distinction. He earned as it has. the Senators from New Jersey, which is a bachelor of arts from Columbia Uni- I want an opportunity to register my considerably more than I had. versity where he was honored, in 1997, full support to confirm an exception- The PRESIDING OFFICER. Without with the Columbia University Medal of ally well-qualified district jurist— objection, it is so ordered. Excellence and with the John Jay Judge Joseph Greenaway—to the U.S. Mr. LAUTENBERG. I will just take a Award in 2003. Court of Appeals for the Third Circuit. couple of more minutes. He earned his J.D. from Harvard Law For more than 13 years, Judge While I welcome a vote that will es- where he was a member of the Harvard Greenaway has served on U.S. District tablish confidence in Judge Green- Civil Rights and Civil Liberties Law Court in Newark, NJ. away’s ability to serve our country, to- Review, and an Earl Warren Legal On the entrance to that courthouse day’s vote comes 4 months after his Scholar. there is an inscription that reads: nomination came to the floor of the He later clerked for the late Honor- The true measure of a democracy is its dis- U.S. Senate because of unnecessary and able Vincent L. Broderick, in the U.S. pensation of justice. unreasonable delays. District Court for the Southern Dis- I take pride in authorship of that Not one of my Republican colleagues trict of New York, became an Assistant quote because I firmly believe it re- has voiced a single objection to Judge U.S. Attorney in Newark and later be- flects the values on which our Nation Greenaway along the way or a single came chief of the narcotics bureau. was founded—values that must endure reason for this delay. In the private sector, he was an asso- throughout our government and legal Judge Greenaway and the people of ciate with the firm of Kramer, Levin, system. New Jersey are not alone in falling vic- Nessen, Kamin, and Frankel—and While serving as a district judge in tim to this obstruction. served at Johnson and Johnson as in- that building, Judge Greenaway has Republican obstructionism last year house counsel. demonstrated his unyielding commit- led to the lowest number of judicial He is chair emeritus of the Columbia ment to those values—the same values confirmations in more than 50 years. College Black Alumni Council and has that will make him a success on the Justice has been delayed while those been an adjunct professor at Rutgers Third Circuit court of appeals. who refused to let this vote take place Law School.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S527 Currently, he is an adjunct professor (Mr. CASEY), the Senator from Hawaii AMY KLOBUCHAR, MARK BEGICH, BYRON at both the Cardozo School of Law and (Mr. INOUYE), the Senator from Lou- L. DORGAN, DIANNE FEINSTEIN, JOHN D. Columbia College where he teaches a isiana (Ms. LANDRIEU), the Senator ROCKEFELLER IV, EDWARD E. KAUFMAN, ROLAND W. BURRIS, DANIEL K. AKAKA, seminar on the Supreme Court. But from Arkansas (Mr. PRYOR), and the SHELDON WHITEHOUSE, SHERROD BROWN. however impressive his experience and Senator from Vermont (Mr. SANDERS) qualifications, they do not do justice to are necessarily absent. The PRESIDING OFFICER. By unan- the man. Mr. KYL. The following Senators are imous consent, the mandatory quorum He grew up in Harlem and the north- necessarily absent: the Senator from call has been waived. east Bronx not far from where Justice Kansas (Mr. BROWNBACK), the Senator The question is, Is it the sense of the Sotomayor grew up, just across the from South Carolina (Mr. DEMINT), the Senate that debate on the nomination river from Union City, NJ, where I Senator from Nevada (Mr. ENSIGN), the of Craig Becker, of Illinois, to be a grew up. He has a deep respect for the Senator from South Carolina (Mr. member of the National Labor Rela- rule of law and a fundamental belief in GRAHAM), the Senator from New Hamp- tions Board, shall be brought to a fairness and the age-old notion of equal shire (Mr. GREGG), the Senator from close? justice under law. Utah (Mr. HATCH), the Senator from The yeas and nays are mandatory He is accomplished and successful in Texas (Mrs. HUTCHISON), the Senator under the rule. The clerk will call the his life and career, and proud of the from Kansas (Mr. ROBERTS), the Sen- roll. justice system to which he has devoted ator from South Dakota (Mr. THUNE), The legislative clerk called the roll. his career. But he has also given much and the Senator from Louisiana (Mr. Mr. DURBIN. I announce that the back to the community, something for VITTER). Senator from West Virginia (Mr. which we in New Jersey will remain Further, if present and voting, the BYRD), the Senator from Hawaii (Mr. forever grateful. Senator from South Carolina (Mr. INOUYE), the Senator from Louisiana In 2006, before Judge Greenaway took DEMINT) would have voted ‘‘yea,’’ and (Ms. LANDRIEU), the Senator from Ar- the podium at the Benjamin Cardozo the Senator from Utah (Mr. HATCH) kansas (Mr. PRYOR), and the Senator School of Law at Yeshiva, Dean David would have voted ‘‘yea.’’ from Vermont (Mr. SANDERS) are nec- Rudenstein introduced him as a man The PRESIDING OFFICER. Are there essarily absent. who touched many of his students’ any other Senators in the Chamber de- Mr. KYL. The following Senators are lives in meaningful ways. Those stu- siring to vote? necessarily absent: the Senator from dents, he said, had the privilege of wit- The result was announced—yeas 84, Kansas (Mr. BROWNBACK), the Senator nessing his humanness and had been in- nays 0, as follows: from South Carolina (Mr. DEMINT), the Senator from Nevada (Mr. ENSIGN), the spired by his example. [Rollcall Vote No. 21 Ex.] Senator from South Carolina (Mr. That observation came as a surprise YEAS—84 to no one who knows Judge Greenaway. GRAHAM), the Senator from New Hamp- Akaka Dorgan McConnell shire (Mr. GREGG), the Senator from He has always been an inspiration to Alexander Durbin Menendez students and graduates alike, taking Barrasso Enzi Merkley Utah (Mr. HATCH), the Senator from many of them under his wing as law Baucus Feingold Mikulski Texas (Mrs. HUTCHISON), the Senator clerks or fellows. Mediocrity has never Bayh Feinstein Murkowski from Kansas (Mr. ROBERTS), the Sen- Begich Franken Murray been Joe Greenaway’s norm. He has al- Bennet Gillibrand Nelson (NE) ator from South Dakota (Mr. THUNE), ways strived for excellence, and taught Bennett Grassley Nelson (FL) and the Senator from Louisiana (Mr. young lawyers to do the same. Bingaman Hagan Reed VITTER). Bond Harkin Reid Further, if present and voting, the In conclusion, the confirmation of Boxer Inhofe Risch Judge Greenaway should have been an Brown (MA) Isakson Rockefeller Senator from South Carolina (Mr. easy choice, but when all is said and Brown (OH) Johanns Schumer DEMINT) would have voted ‘‘nay,’’ the done, when we put aside our political Bunning Johnson Sessions Senator from South Carolina (Mr. Burr Kaufman Shaheen biases and look for those with the illu- Burris Kerry Shelby GRAHAM) would have voted ‘‘nay,’’ and sive qualities we like to call judicial Cantwell Klobuchar Snowe the Senator from Utah (Mr. HATCH) temperament, those who best represent Cardin Kohl Specter would have voted ‘‘nay.’’ Carper Kyl Stabenow The PRESIDING OFFICER. Are there the fundamental concepts of justice Chambliss Lautenberg Tester and community, for as Edmund Burke Coburn Leahy Udall (CO) any other Senators in the Chamber de- once said: ‘‘Justice is itself the great Cochran LeMieux Udall (NM) siring to vote? standing policy of civil society . . .’’ Collins Levin Voinovich The yeas and nays resulted—yeas 52, Conrad Lieberman Warner Judge Joseph A. Greenaway, Jr. Corker Lincoln Webb nays 33, as follows: stands out. I am pleased that his nomi- Cornyn Lugar Whitehouse [Rollcall Vote No. 22 Ex.] nation has finally come to the floor, Crapo McCain Wicker YEAS—52 Dodd McCaskill Wyden and I urge my colleagues to vote for Akaka Feinstein Murray this eminently qualified, capable, NOT VOTING—16 Baucus Franken Nelson (FL) nominee. Brownback Gregg Roberts Bayh Gillibrand Reed I know I join with all of my col- Byrd Hatch Sanders Begich Hagan Reid Casey Hutchison Thune Bennet Harkin Rockefeller leagues and with the people of New Jer- Bingaman Johnson DeMint Inouye Vitter Schumer sey in wishing Judge Greenaway good Ensign Landrieu Boxer Kaufman Shaheen luck and Godspeed on this next journey Graham Pryor Brown (OH) Kerry Specter Burris Klobuchar Stabenow in life. The nomination was confirmed. Cantwell Kohl Tester The PRESIDING OFFICER. The Cardin Lautenberg CLOTURE MOTION Udall (CO) question is, Will the Senate advise and Carper Leahy The PRESIDING OFFICER. Under Udall (NM) consent to the nomination of Joseph A. Casey Levin the previous order, pursuant to rule Conrad Lieberman Warner Greenaway, Jr., of New Jersey, to be Webb XXII, the Chair lays before the Senate Dodd McCaskill U.S. Circuit Judge for the Third Cir- Dorgan Menendez Whitehouse the pending cloture motion, which the cuit? Durbin Merkley Wyden Mr. ISAKSON. Mr. President, I ask clerk will state. Feingold Mikulski for the yeas and nays. CLOTURE MOTION NAYS—33 The PRESIDING OFFICER. Is there a We, the undersigned Senators, in accord- Alexander Cochran Johanns sufficient second? There appears to be ance with the provisions of rule XXII of the Barrasso Collins Kyl a sufficient second. The clerk will call Standing Rules of the Senate, hereby move Bennett Corker LeMieux to bring to a close debate on the nomination Bond Cornyn Lincoln the roll. of Craig Becker, of Illinois, to be a member Brown (MA) Crapo Lugar The bill clerk called the roll. of the National Labor Relations Board. Bunning Enzi McCain Mr. DURBIN. I announce that the Burr Grassley McConnell HARRY REID, TOM HARKIN, BENJAMIN L. Chambliss Inhofe Murkowski Senator from West Virginia (Mr. CARDIN, DEBBIE STABENOW, BILL NEL- Coburn Isakson Nelson (NE) BYRD), the Senator from Pennsylvania SON, AL FRANKEN, BARBARA BOXER,

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S528 CONGRESSIONAL RECORD — SENATE February 9, 2010 Risch Shelby Voinovich Meaning the Scouts live by their So it has been helpful from that Sessions Snowe Wicker word and promise to follow the Scout standpoint for a lot of people, including NOT VOTING—15 Oath— myself. Brownback Gregg Pryor I will do my best— The Boy Scouts do empower young Byrd Hatch Roberts Scouts measure their achievements people to pursue meaningful goals. A DeMint Hutchison Sanders major goal of Scouts is to be on the Ensign Inouye Thune against their own high standards. Graham Landrieu Vitter Scouts do so without being influenced path of Scouting’s highest honor, which is to be an Eagle Scout. The first The PRESIDING OFFICER. On this by peer pressure or what other people Boy Scout Handbook described an vote, the yeas are 52, the nays are 33. do—— Eagle Scout as ‘‘the all-around perfect Three-fifths of the Senators duly cho- to do my duty to God— Scout.’’ That is a very demanding sen and sworn not having voted in the Scouts are reverent toward God. standard and may explain why fewer affirmative, the motion is rejected. They are faithful in their duties, and than 4 percent of Boy Scouts reach the Under the previous order, the motion Scouts respect the beliefs of others— rank of Eagle Scout. Pursuing this to reconsider is considered made and and my country— honor requires young people to master laid upon the table, and the President Scouts keep the United States a the skills of leadership, service, and will be notified of the Senate’s action. strong and fair Nation by learning outdoor know-how. It also requires the f about our system of government and practice of good citizenship and sound MORNING BUSINESS acting as responsible citizens. Scouts ethical behavior. Above all, once you work to improve their communities are an Eagle Scout, you are always an Mr. ENZI. Mr. President, I ask unani- and seek to protect and use our na- Eagle Scout. It is something that is mous consent that the Senate go into a tional resources wisely— listed on resumes for the rest of their period of morning business, with Sen- life—one of the few works from youth ators permitted to speak therein for up and to obey the scout law— that can be listed on a resume. to 10 minutes each. Scouts respect and live by the 12 points of the Scout Law. These 12 From 1912 to 2009, 2 million Boy The PRESIDING OFFICER. Without Scouts earned the Eagle Scout rank. objection, it is so ordered. points are guidelines which lead people to make responsible choices— Eagle Scouts have become leaders in The Senator from Wyoming is recog- all walks of life, including business, to help other people at all times— nized. academics, entertainment, science, f Scouts recognize that there are many and, yes, even government. Within the people in need. 100TH ANNIVERSARY OF THE BOY 111th Congress alone, there are 22 Mem- They know that a cheerful smile and SCOUTS OF AMERICA bers who received their Eagle Scout helping hand will ease the burden of awards. Eagle Scouts also leave an ev- Mr. ENZI. Mr. President, Scouting most who need assistance— erlasting impact on their communities came to America 100 years ago because to keep myself physically strong— through the civic projects they com- of a good deed. We are now entering the Scouts pledge to take care of their plete to earn their rank. Park improve- second 100 years of Boy Scouting. As I bodies so that it will serve for an entire ment projects, trail enhancements, or- said, Scouting came to America 100 lifetime. That means eating nutritious ganizing community events, and con- years ago yesterday because of a good foods and exercising regularly. It also struction projects only begin to explain deed. An American, William Boyce, means Scouts avoid harmful drugs, al- the things Eagle Scouts have done to was visiting London when he suddenly cohol, and tobacco— improve the world around them. got lost in the fog. A young boy found mentally awake— Over its 100-year history in America, him and helped him find his way. When Boy Scouting has shaped many young Scouts develop their minds both in Mr. Boyce offered to give the young lives. The service that Scouts have per- the classroom and outside of school. boy money, he said, ‘‘No, thank you, formed is immeasurable, but there are They are curious about everything sir, I am a Scout. I won’t take any- many noteworthy moments. around them and work hard to make thing for helping.’’ Boyce was so over- During World War I, Scouts played the most of their abilities— come by the Scout’s generosity that he an important role in the war effort by arranged to meet with Lord Robert and morally straight. collecting used paper and glass from Baden-Powell, the founder of Scouts in To be a person of strong character, a homes. They also sold Liberty Bonds Great Britain. After returning from his Scout’s relationship with others should during World War I, valuing over $147 trip, Mr. Boyce met with a group of be honest and open. Scouts respect and million. Congress was so grateful for American businessmen, educators, and defend the rights of all people, and the service of the Boy Scouts that they political leaders and founded the Boy they are clean in their speech and ac- granted the Boy Scouts of America a Scouts of America on February 8, 1910. tions. special charter in 1916. President Roo- Nobody knows what happened to the All Scouts reaching the first rank of sevelt called on Scouts to help the boy who guided Mr. Boyce through the Tenderfoot must be able to recite and needy in 1934 during the Great Depres- foggy streets of London that day, but explain the meaning of the Scout Oath. sion. Throughout World War II, they his kindness lives on in the spirit of The Boy Scouts also empower young again collected materials and sold war each Boy Scout today. people to pursue meaningful life goals. bonds to help the allied effort. By 1954, The Boy Scouts is one of the largest That includes putting them on the there were over 100,000 Boy Scout youth organizations in the United path to Scouting’s highest honor. units, and in 2000 the Boy Scouts hon- States—one of the very few recognized To backtrack just a moment, because ored its 100 millionth member. by Congress. Since its founding in 1910, one of the points of that Scout Oath, or I rise today to honor the 100th anni- it is estimated that more than 110 mil- promise, was to obey the Scout Law, versary of Boy Scouts. I also wish to lion Americans have served as mem- this is the new Boy Scout Handbook. I draw attention to the release of the bers within its ranks. Scouting offers had a hard-bound one. Now they have a 100th anniversary commemorative young people the promise of friendship, spiral-bound one that makes it much stamp to be released by the Postal an opportunity to set positive goals, easier to get into. The Scout promise Service this summer. Scouting has and teaches boys how to experience the says that you will obey the Scout Law. meant a great deal to me and my fam- outdoors. Above all, Scouting is about The Scout Law is that ‘‘a scout is ily over the years, and I wish to recog- service and building character. trustworthy, loyal, helpful, friendly, nize this momentous occasion. To understand Scouting, you only courteous, kind, obedient, cheerful, With the Boy Scouts of America, the need to look at the Scout Oath. The thrifty, brave, clean and reverent’’—all values of leadership, service, character, oath sets out the principles of Scouting good virtues that are promoted. There and achievement will live on to make and explains just what it means to be a aren’t a lot of youth organizations now our communities a better place. Re- Boy Scout. It goes: that promote virtues and build char- member, it all began with a good deed On my honor— acter. on the streets of London. That is why

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S529 the Scout Slogan reads ‘‘Do a Good half but it is substantial. I should note can lead America’s space program. A Turn Daily.’’ that is a step in the right direction. Senate committee cannot do it. The I yield the floor. The Obama administration has also Administrator of NASA cannot do it. The PRESIDING OFFICER (Mrs. recommended a substantial increase in Only Presidents can set the vision and HAGAN). The Senator from Florida is research and development and particu- the goal, and that goal ought to be recognized. larly with regard to a heavy-lift vehi- what we all know is where we want to f cle that will change NASA’s mission go and that is to the planet Mars. from just going to and from low-Earth If you think I am reaching too far, no NASA orbit, where we have done all our work less than one of the most critical edi- Mr. NELSON of Florida. Madam in the last three decades with the space torial pages of NASA in America this President, the President of the United shuttle—to and from low-Earth orbit, morning endorsed the goal of going to States has come forth with a budget either to the space station or certain Mars. That is the New York Times edi- for the future of the National Aero- projects such as the Hubble space tele- torial page. This is what a bunch of us nautics and Space Administration. I scope, which has been miraculous, and have been saying for years: The goal is can tell you that, among the aerospace the refurbishing missions that have Mars. We have to develop the tech- community, it has not been well re- kept that space telescope alive and has nology, the vehicles, the safety sys- ceived. The perception is that when the opened our understanding and knowl- tems, the life support systems to get President’s proposed budget is to can- edge of the heavens and is peering back there. But the President needs to set cel the Constellation Program, which into the beginning of time. That has the goal and set the vision that this is was the program from the previous ad- been extraordinary. where we are going. ministration that was to take us to the The President has said: Let’s get out If the President would do this, and Moon by 2020—a position, by the way, of low-Earth orbit and explore the then if he would turn the architecture that then-candidate Senator Obama heavens. That is all a good thing. But over to his science adviser and to his had embraced—it has not been well re- here is where the President, in his roll- Administrator of NASA and that great ceived because the perception is that it out of his recommended budget, made team, and if they would continue with is killing the manned space program the mistake and has given the percep- the testing of the rocket that has al- for the United States. That perception tion that he has killed the manned ready flown successfully, that will be a is not entirely true, but we live in a space program. He just said we are precursor to building the heavy-lift ve- world here in the government where we going to cancel Constellation. They did hicle—if they will continue that test- have to set policy and flesh out that not explain: But we have to do an ag- ing, then the President will be well on policy with authorization and then ap- gressive effort toward building the new the way of doing what he wants to do, which is for America to be the leader in propriations for that policy. We live in heavy-lift vehicle to take us out into space exploration and combined with a world where perception often governs the heavens. They put all their eggs in other countries, where it is appro- instead of the actual substance. the basket to say we are going to let It is my hope, as we have a hearing in these commercial companies develop priate, in international exploration, as our Science and Space Subcommittee rockets that are going to take us to we have on the International Space Station. of the Commerce Committee, which I and from the space station, first with I urge the White House to start lis- have the privilege of chairing, that we cargo, and then we are going to human rate them for human crews. tening to some of their most vigorous can start to separate the perception supporters in the Congress. I can tell from the substance. What the Presi- But the first commercial rocket, Space X, is supposed to have flown six you other Members on both sides of the dent has proposed actually has some aisle are not pleased with the way the very good things. In the first place, times by now. They have not flown that Falcon 9 rocket yet. They are say- President’s message about the future of this ridiculous idea from the previous human spaceflight has been received. If administration that we were going to ing they are going to fly it this spring. Let’s hope they do, and let’s hope it is we can work together, we can get the shut down the International Space Sta- perception of our space exploration tion in 2015, when, in fact, it hasn’t successful. But what if it isn’t? There is another back on track. even been completed—as a matter of one, a much smaller rocket called Or- HEALTH CARE REFORM fact, the mission that took off, I guess bital Sciences. They want to take Madam President, I wish to say, in it was last night, that has the last cargo. Ultimately, they would like to conclusion, I am hopeful that as we major component to go up to complete take humans. But they have not gotten have seen over the last couple days, as the International Space Station, and off the ground with the first test rock- we have been in this blizzard and we then the remaining four flights of the et. have had time to reflect and read and space shuttle will take up additional For us, where safety ought to be pri- sometimes hear the commentary on experiments and equipment, and then macy—and one of the key fundamen- the radio and TV, all the shrillness we the station will be fully ready for busi- tals for the Constellation Program was have seen on display over the last sev- ness. to create a rocket and a follow-on eral months is going to subside and, in The idea from the previous adminis- heavy-lift rocket that was going to in- a bipartisan way, the country can start tration that we were only going to crease, by a factor of 10, the safety for healing. have it until 2015, of course, was ridicu- astronauts because the space shuttle For the country to heal, we must lous. The Obama administration has has 1,500 parts, any one of which, if it change the discourse in the public come out and said we are going to ex- malfunctions, that is it. It is tube city. square. Civility, not savagery, is the tend it until 2020. That is a good thing. It is a catastrophic loss. only way a democracy can proceed and That is the right thing. The idea is to have a rocket that succeed. Politics cannot be the blood The administration also has said builds in a lot more safety for the hu- sport that takes people down on a per- NASA is one of the few civilian agen- mans going to and from the space sta- sonal basis, where the attitude is that cies it is recommending, to the Con- tion and ultimately a heavy-lift rocket I am all right and you are all wrong be- gress, get additional funding, and it is that gets us out of low-Earth orbit. cause that leaves little room for con- no small amount. It is an additional $6 What I think the President needs to sensus building, and consensus building billion the President is recommending do, he has to repair the image because is so essential to the functioning of a over the next 5 years. That is substan- the perception is he has killed the democracy. tial, given the fact that the NASA manned space program. He does not As we get into more of the discussion budget is a very small budget compared want to do that. I know the President. with regard to health care, health in- to the rest of the Federal agencies. The Presiding Officer knows the Presi- surance reform, it is my prayer that we However, that amount is only half of dent. He is a great space aficionado. have much more conciliation and medi- what was recommended by the Obama- But the perception is there, and it has ation and moderation in our views so appointed blue ribbon panel, called the to be corrected. we can build consensus. Consensus Norman Augustine Commission, look- The first thing he should do is set a building is the finest hour of a democ- ing at the future of spaceflight—only goal. Presidents are the only ones who racy in representing all the people.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S530 CONGRESSIONAL RECORD — SENATE February 9, 2010 (Mr. UDALL of Colorado assumed the had dedicated their lives to helping the people of another nation in need. And Chair.) people of Haiti. Only a short 90-minute they have done so in large and small f plane ride from our shores, a small, ways, including a novel approach that poor nation has suffered an almost un- has made a significant mark for the HAITI EARTHQUAKE imaginable catastrophe. first time—using their cell phones to Mr. DURBIN. Mr. President, in 2003 I President Obama immediately did ‘‘text’’ donations—a method that joined my friend, then-Senator Mike the right thing. He mobilized the whole didn’t even exist a few years ago. DeWine, in visiting Haiti. While no of the U.S. Government to help our The American Red Cross has received longer in the Senate, Mike remains a neighbors in Haiti. Less than 36 hours more than $33 million through text- tireless advocate for Haiti. Also joining after the earthquake struck, President messaged gifts of $10 each. Other orga- us were Senator BILL NELSON and Rep- Obama pledged to the Haitian people nizations have also tapped into the resentative KENDRICK MEEK. that America would not forget them or ‘‘mobile giving’’ movement to raise At the time, the country was trapped forsake them in their time of need. He funds for Haiti. in a political and economic slump. Yet, pledged $100 million in emergency aid A global telethon last week has amid the country’s grinding poverty for Haiti. This aid is in addition to the raised $66 million so far, with money and broken political system, the Hai- regular development assistance the still coming in from music downloads tian people maintained an incredible United States provides to Haiti, which and other sources. vibrancy and kindness. It is a warmth totaled at least $287 million last year Corporations are also stepping up. one notices among the many Haitians and was planned to reach at least $340 The Business Civic Leadership Center, living in the United States, including million this year. a nonprofit group affiliated with the the more than 7,000 who call Chicago In addition, over 17,000 soldiers, sail- U.S. Chamber of Commerce, reports their home. ors, airmen, and marines—including 17 that 265 companies have contributed I have never forgotten that experi- members of the Illinois Guard—have more than $122 million for Haiti relief. ence, and over the years I have worked been dispatched to assist in Haiti re- Families around the world, including to support development and economic covery and relief efforts. We have all many in Illinois, have found that the programs to help the Haitian people. seen their heroic efforts: medical treat- Haitian orphans they were in the proc- Last year I introduced a bill with Sen- ment provided in the most challenging ess of adopting are caught in the earth- ator BROWNBACK to help reforest Haiti of conditions, survivors pulled from the quake’s uncertain aftermath. with techniques proven in other na- rubble of collapsed buildings. My heart goes out to these families tions. American leadership is helping to co- and these children. We have been con- A year ago I had the chance to return ordinate the largest international re- tacted by a number of Illinois families to Haiti—this time with Senator JEFF lief effort since the cataclysmic Asian who are asking for help locating or re- BINGAMAN, Congressman MEEK, and an tsunami in 2004, with governments connecting with a loved one who was Illinois State Senator whose parents throughout the world joining in. In Eu- caught in the quake. We have been are from Haiti, Kwame Raoul. While rope, the 18 member nations of the Eu- working to minimize the redtape and the country still faced terrible poverty, ropean Union have pledged a total of put the families directly in contact much had improved since my earlier $575 million in emergency aid to Haiti. with the U.S. Government task force visit. The government and political The E.U. has also sent security forces and other groups who are on the system had stabilized. to help strengthen security in the dev- ground in Haiti working on locating A multination U.N. peacekeeping astated nation. Planeloads of rescue people and getting them to safety. force had brought an end to most of the teams and relief supplies have been dis- With loving families waiting anx- gang violence, kidnappings, and law- patched from nations including Brit- iously for news, we are doing all we lessness. Special trade programs with ain, Canada, France, Germany, the can, in coordination with the Haitian the United States had sparked a re- Netherlands, Russia, and Spain. Other Government, to help these children. We birth of the garment industry, pro- countries—in South America, the Mid- are also working to find and move to viding thousands of Haitians with jobs. dle East, and Asia—have pledged to safety newly orphaned children. Groups such as Partners in Health and help. And government help is only the That is why I was heartened by the Hands Together were making progress beginning. announcement by Department of in building health care capacity and In typical American fashion, people Homeland Security Janet Napolitano educating children from the poorest and organizations from all over our that her agency and the Department of slums of Port-au-Prince. The country country have donated money, orga- State have implemented a humani- had even rebounded from a series of nized shipments of medicine, food and tarian parole policy that allows Hai- devastating hurricanes and tropical water, and traveled to Haiti as emer- tian children already identified as or- storms. gency relief workers to help rescue and phans before the earthquake to enter And most recently, former President treat the earthquake victims. the United States temporarily under Bill Clinton had become the U.N. Spe- The Chronicle of Philanthropy con- certain circumstances. cial Envoy to Haiti, bringing his skill ducted a survey. It found that in the We will continue to address the most and energy,—along with Secretary first 13 days after the earthquake immediate needs in Haiti: rescuing sur- Clinton’s leadership in the State De- struck Haiti, individuals and groups vivors; providing shelter, food, water, partment,—to help improve the lives of donated $470 million to 39 U.S. non- and medical treatment; and avoiding the Haitian people. While still des- profit organizations for Haiti relief. the spread of disease. And we must perately poor, many had sensed the Despite the economic pain and anxiety commit to working with the Haitian country was turning a corner. so many American families are feeling, people and international partners to Then tragedy struck. On January 12, Americans are once again dem- help get Haiti back on its feet over the the largest earthquake in this hemi- onstrating great generosity when it is long term. sphere in 200 years devastated Haiti’s so desperately needed. The American The United States should join in the capital, Port-au-Prince, and several people have responded generously. upcoming international donor con- surrounding towns. The Haitian Gov- According to the Chronicle of Philan- ference that will shape a long-term ernment estimates that 200,000 people thropy survey, the pace of giving for plan to help put Haiti back on its feet died. Sadly, that number is almost cer- Haiti is running ahead of the amount in a way that is sustainable in the tain to grow. A staggering number of donated in the same period after the years ahead. We cannot undo the ter- houses and buildings simply collapsed. September 11 attacks in 2001 and the rible loss Haiti has suffered, but we can It is estimated that 1 million people Asian tsunami in 2004, and nearly as show the best of American compassion, may now be homeless. Hospitals and fast as the unprecedented outpouring generosity, and ingenuity in helping government buildings were heavily of donations that followed Hurricane the Haitian people rebuild their nation. damaged or destroyed. The U.N. head- Katrina in 2005. I urge my colleagues to support these quarters crumbled to the ground, kill- Never before have so many Ameri- efforts. ing hundreds of international staff who cans donated so much, so fast, to the I yield the floor.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S531 20TH ANNIVERSARY FOR THE Federal Election Commission was a 5 have concluded that the decision will TRANSPORTATION TRADES DE- to 4, and it illustrates how the change apply to labor unions as well, even PARTMENT, AFL–CIO in just one justice on the Supreme though no union was before the court Mrs. MURRAY. Mr. President, I Court can have serious consequences in this case. The ambiguity about how would like to recognize the Transpor- for hardworking Americans and for our this decision could apply to corpora- tation Trades Department, AFL–CIO as democracy. tions with investors who are not Amer- This controversial decision is receiv- it marks its 20th anniversary as an ad- ican citizens, or directors who are not ing much attention for its conservative vocacy organization for America’s American citizens, to subsidiaries of activism, its lack of deference to the transportation workers. foreign corporations and to multi- elected branches, and its disregard for The Transportation Trades Depart- national corporations threatens to in- the rule of law. With the stroke of a ment, TTD, has been an outstanding troduce unprecedented foreign influ- pen, five Justices overturned a century leader on behalf of the men and women ence into our elections. of law to permit corporations to over- The court’s ruling exacerbates the al- who form the backbone of this critical whelm and distort the democratic proc- ready existing loophole allowing cam- industry. In the face of repeated eco- ess. The five Justices in the activist paign contributions from American nomic and security challenges, these conservative bloc reached out to grant subsidiaries of foreign corporations. workers continue to do all they can to corporations rights that were once re- Today, an American subsidiary of a safely and efficiently move passengers served for individual Americans. This multinational corporation is treated as and freight across town and across the divisive decision puts the special inter- an American corporation under the globe. In these difficult times for the ests of big oil, banks and insurance campaign finance laws. With the transportation industry and its em- companies ahead of the interests of the newly-expanded ability of corporations ployees, TTD has effectively brought American people. to make unlimited independent polit- workers’ voices to bear on important I believe that corporations are not ical expenditures, that right is con- policy debates in Washington. the same as individual Americans. This ferred on U.S. subsidiaries of multi- TTD has been one of the leading ad- is certainly true in the context of the national corporations as well. vocates for a strong investment in our rights and freedoms enshrined in our How will the Federal Elections Com- Nation’s transportation infrastructure. Constitution. Corporations do not have mission be able to police whether the They have been at the forefront, ex- the same rights, the same morals, the actual source of a campaign contribu- plaining to policymakers and the same ideals. Corporations cannot vote tion comes solely from the domestic American people the need for a strong- in our democracy. Corporations do not entity, and not its foreign affiliations? er, safer, and more efficient transpor- have the same motivations and inter- When a multinational corporation tation network. New transportation in- ests as individual Americans. This is funds a political advertisement, is the vestments are the building blocks of common sense. Contrary to the pref- FEC expected to audit the foreign and economic recovery, as they create erences of the five Justices who de- domestic sides of the corporation, to skilled, family-supporting jobs. They cided the Citizens United case, corpora- ensure that the source of the contribu- help rebuild our Nation, facilitating tions were not part of the ‘‘People’’ tion came purely from the U.S. sub- faster and more efficient movement of who sought to establish a more perfect sidiary? How can the FEC ensure that people and goods. Throughout our Na- Union through the ratification of the American subsidiaries of foreign cor- tion’s history, strong investments in Constitution and the adoption of the porations do not become a front for for- transportation infrastructure have Bill of Rights. eign interests who want to influence proven to be a successful strategy to I have heard many Republican Sen- American elections? create good jobs and improve the qual- ators praise the Citizens United deci- The American people do not want the ity of life for the American people. sion as a ringing endorsement for the domestic subsidiaries of foreign cor- As chairman of the Senate Transpor- free speech rights of corporations. Of porations to be able to drown out their tation, Housing, and Urban Develop- course, what they fail to mention is voices during the upcoming campaign ment Appropriations Subcommittee— that this decision does not just put the season. Saudi Aramco is estimated to and as a Senator from a State with rights of corporations on equal footing be worth $781 billion dollars. Petro Chi- many transportation hubs—I have en- with individual Americans. The na’s estimated net worth is $100 billion, joyed a close and productive relation- moneyed corporations that can now with profits rivaling Exxon Mobil’s in ship with TTD. Its leaders and front dominate the airwaves and election the tens of billions each year. Like- line workers have always brought a discourse will prevent a multitude of wise, Venezuelan oil takes in tens of highly knowledgeable and responsible individual voices from being heard. The billions a year. The German insurance approach to their efforts. TTD has biggest corporations can be the loudest company, Allianz, is worth $2.5 trillion; helped workers in such a large, com- and most dominant. What the Repub- ING Group is valued at $2 trillion. plex industry speak with a clear and ef- lican supporters of the Citizens United HSBC Holdings is valued at almost $2.5 fective voice as our Nation seeks to ad- decision do not say is that these new trillion, with annual sales of almost dress these important economic and rights for corporations come at the ex- $150 billion. Bank of American itself homeland security issues. pense of our democratic principles by has sales of over $100 billion a year. I congratulate the Transportation allowing corporate funded megaphones The temptation for these powerful cor- Trades Department, AFL–CIO on this that will drown out the unamplified porations to begin exploiting the Citi- milestone anniversary and look for- voices of hardworking Americans. zens United decision will be great. ward to continuing to work closely Two weeks ago, Justice Alito shook Imagine the influence that a small per- with our nation’s transportation work- his head when President Obama warned centage of these profits could buy to ers. Americans about the risks of money sway elections of legislators consid- f from foreign corporations flowing into ering climate change restrictions or re- our elections. But the conservative ma- form of the financial services industry. CITIZENS UNITED v. FEDERAL jority in Citizens United did not limit I fear that the Supreme Court’s deci- ELECTION COMMISSION the new ‘‘speech rights’’ it granted cor- sion here has invited foreign influence Mr. LEAHY. Mr. President, this porations to purely American corpora- over our political process. Given the evening the Senate will proceed to a tions. The corporation before the court vague legal reasoning and disregard for vote on a well-qualified nominee for in Citizens United appears to be domes- legal precedent that the majority em- the seat vacated by Justice Alito when tic, leading some to argue that the pre- ployed to expand corporate power in he was confirmed to the Supreme cise holding of the case does not apply this case, it is now even uncertain Court. Two weeks ago, I came to the to foreign corporations. However, the whether those existing restrictions to floor to address one of the latest Su- legal rationale articulated by the slim prevent wholly foreign corporations preme Court cases where Justice majority will no doubt apply beyond from contributing directly to the polit- Alito’s vote was both decisive and divi- non-profit corporations like Citizens ical process can withstand a constitu- sive. The decision in Citizens United v. United. For example, many observers tional challenge.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S532 CONGRESSIONAL RECORD — SENATE February 9, 2010 The effect of the Court’s decision also flip-flopped on that issue as they have case currently before the United States poses a serious threat to the ability of so many now that the American people Court of Appeals for the D.C. Circuit, a state and local governments to police have elected a Democratic President. I court like the Supreme Court con- their own elections. Twenty-four states ask that his column from the February trolled by Republican-appointed con- currently have laws to restrain cor- 5 Washington Post be included in the servative activists—it could gut laws porate spending on elections. All of record at the conclusion of my re- meant to ensure that the public knows those laws are now called into question marks. who funds political ads. That means in the wake of the Citizens United deci- It is difficult to understand the Jus- unaccountable groups would be free to sion. tices’ lack of concern in Citizens distort elections with anonymous at- At a Senate Rules Committee hear- United for the potential of massive cor- tack ads, unanswerable to the Amer- ing last week, Montana Attorney Gen- porate spending to distort elections, es- ican people. eral Steve Bullock gave compelling pecially in light of the Supreme I fear that we have not seen the last testimony about the threat to Mon- Court’s ruling issued only months ago of the efforts of the newly-constituted tana’s century-old law prohibiting cor- in Caperton v. Massey. In that case, Supreme Court to knock down long-es- porations from ‘‘paying or contributing Justice Kennedy wrote that the possi- tablished precedents. The Citizens in order to aid, promote or prevent the bility of bias due to campaign con- United decision may have a dramatic nomination or election of any person.’’ tributions in a state judicial election impact on American democracy, but it That law was designed to ensure that meant that the judge was wrong not to is only the latest in a growing set of ‘‘Corporations are represented in Mon- recuse himself from deciding a case in- examples of why every seat on the tana campaigns, but on equal terms volving a defendant who had spent $3 highest court affects the lives of all alongside other political committees, million supporting his election cam- Americans. all of them speaking through purely paign to the bench. I agreed with that f voluntary associations of their money, decision. There, Justice Kennedy ideas, and voices.’’ wrote: ‘‘We conclude that there is a se- TRIBUTE TO THE LYNN BROTHERS Montana’s law, like many state and rious risk of actual bias—based on ob- Mr. LEAHY. Mr. President, lucky is Federal campaign finance laws, is not jective and reasonable perceptions— the town that has a good civic minded new. It stemmed from what Attorney when a person with a personal stake in newspaper. General Bullock described as ‘‘the infa- a particular case had a significant and Vermont is fortunate to have several, mous bribery of the Montana Legisla- disproportionate influence in placing and two reasons for that are the broth- ture by Senator William A. Clark, the judge on the case by raising funds ers Emerson and Angelo Lynn. The which led to its refusal to seat him.’’ In or directing the judge’s election cam- Lynn brothers have shown how public 1912, when Montana enacted its law, paign when the case was pending or im- spirited newspapering is also good busi- the ‘‘Copper Kings’’ dominated not minent.’’ What I do not understand is ness. only elections but all political debate how these same standards and obvious A profile of the Lynn brothers in a in Montana and so the fed-up citizens logic were not applied to corporate recent edition of Vermont’s Seven of that state responded. spending in election campaigns. Days newspaper, written by Ken Pic- Now, the challenges to state cam- The campaign finance laws passed by ard, opens with this: ‘‘Newspapermen paign spending laws that are sure to Congress, as well as the 24 states that Emerson and Angelo Lynn learned a follow Citizens United pose a grave have enacted restrictions, reflect a long time ago that it’s not enough for threat to the will of Montana’s people, clear reason for treating individuals a community paper to be good. It’s also as well as citizens in the 23 other states and their free speech rights differently got to do good. And the one that with laws on the books limiting cor- from corporations—especially foreign achieves both goals can thrive in its porate spending on elections. Attorney corporations—and their money. These niche—even when larger corporate General Bullock testified that its elec- laws were well-founded on principles newspapers are struggling.’’ tions for state senate cost an average dating back not just a century to the Emerson and Angelo Lynn—with of $17,000. That is an insignificant ex- Tillman laws, but to the distinction roots in Kansas and newspapering in pense to a large corporation subject to dating back to the time of our Nation’s their heritage—have made their homes governmental oversight or regulation. founding. in Vermont since the 1980s, and it was Like Montana, Vermont is a small As early as 1819, the great Chief Jus- the chance to publish newspapers that state. It is easy to imagine large cor- tice John Marshall acknowledged that brought them to our State. Emerson porations flooding the airwaves with ‘‘A corporation is an artificial being has published the St. Albans Messenger election ads and drowning out the . . . the mere creature of law, it pos- since 1981. Angelo arrived soon after to voices of Vermont’s citizens. I know sesses only those properties which the purchase and publish the Addison that the people of Vermont, like other charter of its creation confers upon it. County Independent. Americans, take seriously their respon- . . .’’ That 191-year-old precedent is one The Messenger, the Independent and sibility as citizens to choose wisely of the many betrayed by the five Jus- the other publications they own and when making choices on Election Day. tice majority in Citizens United when manage have flourished under their Vermonters cherish their critical role it ignored the nature of corporations as management. Not only have they in- in the democratic process and are artificial, legally-created constructions vested significant time and energy into staunch believers in the First Amend- and wrongly described them merely as the success of their own newspapers; ment, refusing to ratify the Constitu- indistinguishable from other ‘‘associa- they also generously mentor and sup- tion until the adoption of the Bill of tions of citizens.’’ Corporations are cre- port other local publishers. Rights in 1791. The rights of ated by governments and given special This is a time of uncertainty and Vermonters and all Americans to speak rights and privileges. They are not peo- introspection in the Nation’s news- to each other and to be heard should ple. Describing them as indistinguish- paper businesses. Alternate media not be undercut by corporate spending. able ignores not only the long develop- streams and a severe economic reces- I fear that is exactly what will happen ment of the law but logic and reality. sion have driven down earnings and unless both sides of the aisle join with The threat posed by the Citizens have driven some papers out of busi- President Obama to try to restore the United goes well beyond the specific ness. New formulas will be tried. But in ability of every American to be heard limitations on corporate spending that the meantime, Emerson and Angelo and effectively participate in free and were struck down in its decision. The Lynn have shown that the old formula fair elections. same lawyers who initiated the Citi- of civic minded journalism can still In this connection, I urge Repub- zens United case are already seeking to work. licans to heed the advice of our former overturn other limits on election The Lynn brothers have been suc- colleague from New Hampshire, Sen- spending and transparency in campaign cessful because they care deeply about ator Warren Rudman. He recalls the fundraising. If those lawyers are suc- where they live, and they invest in time when Republicans were in favor of cessful in a case called SpeechNow.org their communities in every sense, in- campaign finance reform, before they v. Federal Election Commission—a cluding their hearts and souls. They

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S533 act out of a sense of responsibility to Angelo, has been editor and publisher of the ‘‘People could read in the Herald or the their readers. Their tone is civil and twice-weekly Addison County Independent Free Press that something happened in constructive. Mr. Picard quotes vet- since 1984. According to Emerson, 2008, the Middlebury,’’ Terry says, ‘‘but they just eran Vermont journalist Stephen first year of the current recession, was the wouldn’t believe it or feel it was covered Lynns’ best year ever. Emerson admits that until they read it in the Independent.’’ Kiernan: ‘‘These guys have a real sense profits are down, but only slightly, and nei- Tyrone Shaw, director of the journalism of place. They know when a business is ther brother has laid off staff. program at Johnson State College, is an afi- doing well; they know when something In fact, both the Messenger and the Inde- cionado of sorts of small community news- is changing; they know what’s in the pendent have employees who’ve been with papers. Shaw says that Lynn newspapers wind. A sense of place is essential to them for more than 30 years. In the Mes- consistently provide ‘‘aggressive but respon- any business in Vermont, but it’s espe- senger’s newsroom, editor Gary Rutkowski sible’’ news coverage of important local cially true in the media business.’’ and staff writer Leon Thompson have a half- issues. He’s especially fond of their editorial These two extraordinary Vermonters century of combined experience between and letters sections, which he calls ‘‘meaty them. Emerson and Angelo insist their pa- and interesting.’’ continue to give their best, and their pers wouldn’t be where they are today with- In large part, that’s because Angelo and businesses have become keystones in out that level of institutional memory. Emerson typically write their own edi- the civic infrastructure of Franklin Of course, reaching out to the next genera- torials. They come from opposite ends of the and Addison Counties, and beyond. tion is crucial, too. Both the Messenger and political spectrum. Angelo is more left lean- I ask unanimous consent that a copy Independent routinely devote space to pub- ing than Emerson and far more likely to of the article from Seven Days, ‘‘Broth- lishing the work of students in the Young criticize the governor, Jim Douglas’ resi- ers in Ink,’’ by Ken Picard, be printed Writers Project. Once a month, Angelo deliv- dence in Middlebury notwithstanding. Emer- ers 200 free copies of the ‘‘Addy Indy,’’ as it’s son, a regular contributor to the conserv- in the RECORD. often called, to Middlebury Union High ative blog Vermont Tiger, is more likely to There being no objection, the mate- School. Inside each is a copy of the Tigers’ attack Bernie Sanders and the actions of the rial was ordered to be printed in the Print, the student newspaper. Emerson does left-dominated legislature. In the last elec- RECORD, as follows: the same thing for Bellows Free Academy— tion, however, he supported Barack Obama. [From Seven Days, Jan. 27, 2010] St. Albans. Despite some divergent views on elected BROTHERS IN INK This isn’t just smart PR for the Lynn officials, economic growth and job creation, newspapers—it’s also a long-term investment the Lynn brothers insist they see eye to eye WHILE OTHERS ELEGIZE PRINT JOURNALISM, in their readerships. on all social issues, such as abortion and gay EMERSON AND ANGELO LYNN ARE HOT ON THE ‘‘For our newspapers,’’ says Emerson, ‘‘this rights. Back in July 1997, the Messenger was PRESSES is our seed corn.’’ the first daily paper in the state to endorse (By Ken Picard) It’s a fitting metaphor, coming from two civil unions. It’s that sophisticated under- Newspapermen Emerson and Angelo Lynn Kansas brothers who moved to Vermont standing of the issues, Shaw says, that learned a long time ago that it’s not enough more than 25 years ago to sow the seeds of makes the brothers’ papers invaluable read- for a community newspaper to be good. It’s community journalism in the Champlain ing in their communities. also got to do good. And the one that Valley. Since then, the Lynns have reaped ‘‘I think they were both born with news- achieves both goals can thrive in its niche— the journalistic equivalent of a bumper crop. paper ink in their blood,’’ he concludes. even when larger corporate newspapers are In addition to the Messenger and the Inde- ‘‘They’re old-fashioned newspapermen in the struggling. pendent, the brothers now publish the very best sense.’’ Emerson Lynn, editor and publisher of the Colchester Sun, Essex Reporter, Brandon Re- That assessment of the Lynn DNA isn’t far six-days-a-week St. Albans Messenger since porter and Milton Independent. Angelo also off. Emerson and Angelo are fourth-genera- 1981, knows his paper has influence in the puts out Vermont Ski & Ride Magazine, a tion newspapermen. Their great-grandfather, community. Shortly before Christmas, the winter monthly on the ski industry, and sev- Charles F. Scott, bought the Iola Register, a Hannaford supermarket in his town partici- eral telephone books in southern Vermont. small weekly in southwestern Kansas, in pated in a company-wide ‘‘Fund-a-Feast’’ In an age when the public has an overabun- 1882. His son, Angelo Scott, took over the campaign. Throughout the holidays, shop- dance of news sources to choose from— paper and ran it until 1965, when he turned it pers could buy a $10 box of food to donate to websites, blogs, social networking sites, 24/7 over to Emerson and Angelo’s father, who’s their local food shelf. The store in Vermont cable-news channels—how do Lynn publica- also named Emerson. that sold the most boxes would win $1000 for tions manage not just to survive, but to The elder Emerson and his wife, Mickey, its food shelf, and the winning store in the thrive? Very simple, Emerson explains. They met at college in Australia, but returned to entire 171-supermarket chain would get an remain faithful to their core mission: Give Kansas in 1950. They published first the additional $2500. readers in-depth local coverage—school Humboldt, Kan., Humboldt Union, then the A week before the contest ended, Emerson board meetings, high school sports, property Bowie News in Bowie, Tx., where Emerson approached store manager Dan LeCours and taxes and so on—that they want and can’t and Angelo lived for seven years. asked him how many boxes he needed to win. find anywhere else. ‘‘Every single Wednesday night Dad would LeCours said he didn’t know, but was sure he ‘‘When you have a tight-knit community, load us into the car and take us down to the didn’t have enough on hand to even come everybody likes to know that everybody else paper, and we’d insert the papers,’’ recalls close. is on the same page, and Addison and Frank- Angelo. It’s a job the brothers still do on oc- ‘‘Emerson said, ‘You get me that number, lin counties are pretty tight-knit commu- casion in the Messenger’s ancient, lime- and I’ll take it from there,’ ’’ LeCours re- nities,’’ Angelo adds. ‘‘What you find now is green press room in St. Albans. calls. ‘‘Coming from Emerson, if he says it, that, increasingly, the community news- In 1965, the Lynns’ parents returned to he means it.’’ paper is the glue that binds.’’ their Kansas roots and took over the Reg- Knowing that one in eight Vermonters is Stephen Kiernan agrees. A former staff ister. They ran it until last year, when now on food stamps, Emerson ran free full- writer at the Burlington Free Press for 15 Emerson and Angelo’s mother died and their page ads in the Messenger the following years and a longtime Middlebury resident, father turned over the publishing duties to week, asking his readers to rise to the chal- he’s impressed by how involved Angelo and their sister, Susan Lynn. The siblings have a lenge. They did. Emerson are in their respective commu- third brother, Michael, a pastor in Hamden, ‘‘That last weekend we sold $9000 worth of nities. This means, for example, that he sees Conn. Angelo jokes, ‘‘The four of us are ei- Fund-A-Feast boxes. None of that would Emerson out running at a middle-school la- ther preaching from the pulpit or from the have happened were it not for Emerson crosse jamboree attended by hundreds of par- editorial pages.’’ Lynn,’’ says LeCours. ‘‘It just goes to show ents and children. Or he spots Angelo at a Perhaps it was inevitable that Emerson the power of the press when the person be- performance of the play Our Town, and the and Angelo would choose the newspaper busi- hind it is highly trusted and highly re- next day reads his editorial about how the ness. In 1970, when Angelo was 16, he at- spected.’’ play reflects Middlebury’s diversity. tended a summer camp at the University of Lately, it’s hard to find any good news ‘‘These guys have a real sense of place,’’ Kansas for kids interested in journalism. On about print journalism. In December, the Kiernan says. ‘‘They know when a business is the third day, he recalls, antiwar protesters now-defunct-in-print Editor & Publisher doing well; they know when something is bombed the student union. He happened to magazine essentially wrote its own obituary changing; they know what’s in the wind . . . be in the office of the photography instruc- when it reported that more than 40,000 news- A sense of place is essential to any business tor, who grabbed a camera and dashed to the paper jobs disappeared in 2009, nearly twice in Vermont, but it’s especially true in the scene. as many as the 21,000 that vanished in 2008. media business.’’ ‘‘Minutes later,’’ Angelo remembers, ‘‘we Mainstream newspapers such as the New Steve Terry, also a longtime Middlebury were crouched behind a police car, the cops York Times and the Boston Globe have con- resident and former editor of the Rutland with pointed guns surrounding the student tinued to echo that death knell. Herald, agrees. He says that whenever big in- union, and us with our cameras clicking . . . But you won’t find that story anywhere in stitutions in Addison County want to break I was hooked.’’ the pages of a Lynn publication, or in their a story, they make sure the Independent gets Both Emerson and Angelo eventually grad- bottom lines. Emerson’s younger brother, it first. uated from KU’s William Allen White School

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S534 CONGRESSIONAL RECORD — SENATE February 9, 2010 of Journalism. Emerson got married and of energy day after day after day,’’ notes I commend the Northern Irish First moved east to work on Capitol Hill as a Chris Graff, the former Associated Press Minister Peter Robinson of the Demo- speechwriter for then-U.S. Sen. Jim Pearson, writer who ran the Montpelier bureau for 26 cratic Unionist Party and Deputy First a Kansas Republican—then for his successor, years. Speaking of Emerson, he recalls, Minister Martin McGuinness of Sinn Sen. Nancy Kassebaum. ‘‘When I was at the AP, his routine was to But Emerson quickly grew bored with his arrive at work at 5 a.m. every day—and he Fein who met at Hillsborough Castle duties and began looking around for a news- wrote an editorial every day.’’ near Belfast with Prime Minister of paper to buy. He considered some in the But the Lynns’ competitive spirit doesn’t Britain, Gordon Brown, and Taoiseach Rocky Mountain area, but quickly realized come with a bullying or predatory attitude. Cowen of the Republic of Ireland, he’d never afford one. In 1981, a broker ap- The brothers have helped fellow Vermont whose leadership has been vital. Fri- proached him with a proposal to buy a stri- publishers, including those at Seven Days, day’s agreement set April 12 as the who benefited from Angelo’s free advice dently right-wing daily in northwestern date for the transfer of the Judiciary Vermont. The St. Albans Daily Messenger, when this paper launched. Angelo was also then owned by publisher William Loeb, had on hand when a group of journalists and pub- and Police forces to local control, and never made money. Emerson bought the lishers gathered recently in Grafton to dis- laid out a plan and timeline for the res- paper and quickly improved its reputation cuss working cooperatively in the digital olution of disagreements on parades be- and financial performance. age. fore ‘‘marching season’’ in July of 2011. Three years later, Gordon Mills, owner of M. Dickey Drysdale, editor and publisher Northern Ireland’s long peacemaking the Addison County Independent, approached of the Herald of Randolph, calls the Lynn process has been difficult, demanding Emerson and asked him if he was interested brothers ‘‘the best gift that Kansas has ever given to Vermont journalism.’’ Drysdale, painful concessions by both sides. Yet in buying his newspaper, too. Emerson de- both sides also seem to have reached a clined but suggested he contact Angelo, who who’s been at the Herald since 1971, says at the time was running the Yates Center Emerson and Angelo have given him business point where return to the conditions of News, a small, struggling weekly in south- advice and suggestions for advertising cam- the last 40 years is no longer an option. eastern Kansas. paigns over the years, never expecting any- The last few years have seen opportuni- So in August 1984, at age 30, Angelo bought thing in return. ties for Northern Ireland to return to the Vermont weekly. Four years later, he ‘‘You can sometimes get the idea that press lords are supercilious and very, very sectarian strife, and yet both sides, turned it into a twice-weekly paper. Today their leaders, and the people of North- the Addison County Independent has a staff serious,’’ Drysdale adds. ‘‘Both [Emerson and Angelo] seem to approach their jobs with a ern Ireland have looked over the edge of 21 employees, seven of whom (including and stepped back with the knowledge Angelo) work in the newsroom. Angelo in- high seriousness, but also a cheerful attitude sists that his commitment to news coverage that makes them fun to deal with and makes that no matter how difficult the road continues to pay off. Though he says he’s their newspapers very approachable.’’ forward is, the road back must not be The Lynns say they don’t view other com- made only a modest investment in the pa- travelled. munity newspapers as competition, even in per’s website over the years, in 2009 the I am proud of the critical role the markets where they compete for ad reve- Vermont Press Association named it the nues. As the state’s biggest dailies shrink in United States has played in the proc- state’s best. size—lately, the Monday Burlington Free ess. Former President Clinton was inti- Meanwhile, the Lynns have continued to Press has had fewer pages than the Monday mately involved in the Good Friday acquire flailing newspapers and turned them Messenger—neither brother sees any reason Agreement, and Secretary of State into money-making ventures. And they’ve to alter their course. done so with seemingly boundless energy. Clinton deserves a great deal of credit ‘‘I don’t think you get stronger because ‘‘As Angelo likes to say, we’re always the for her part in these talks. All of us in other people get weaker. You’re stronger be- last ones on the treadmill,’’ Emerson says. this chamber also are proud of the role cause of your adherence to your mission,’’ ‘‘You may be smarter than us, but you’ll Emerson concludes. ‘‘We’re not having to re- that former Senator George Mitchell never outwork us.’’ played at crucial junctures earlier in Indeed. As kids, Emerson and Angelo spent discover that local news is important. We’ve been doing that forever. That’s our bread and this long process. I assure the people of most summers at a family cabin in Colorado. Northern Ireland that this Senator— Each morning they’d wake at the crack of butter.’’ dawn, load their packs and spend the next 10 f and all Americans of good will—re- mains committed to remaining with to 14 hours hiking to a summit. HILLSBOROUGH AGREEMENT That commitment to rigorous outdoor ex- them every step of the way. ercise hasn’t flagged. Emerson and Angelo Mr. LEAHY. Mr. President, I rise this f are well past 50—in a rare show of vanity, afternoon to call the Senate’s atten- Emerson declines to disclose his age, and An- tion to a significant agreement that BLACK HISTORY MONTH gelo won’t betray his brother. But neither was signed late last Friday night to Mr. President, I rise today to recog- looks or acts it. Trim, hale and handsome, preserve the current government in nize the many accomplishments and the brothers have chiseled bodies and resting Belfast and continue the long road to- contributions of black Americans to heart rates that would be the envy of men half their age. ward permanent peace in Northern Ire- our Nation. Both routinely compete in marathons, land. This month, we honor the brave citi- triathlons, canoe races and other competi- The 12 years since the signing of the zens who struggled and fought through- tions that demand iron-man stamina. Angelo Good Friday Peace Accords have not out the years for a better day for their skis 40 to 50 days per year. Last year, he been easy ones for the people of North- children. A day when everyone is treat- competed in the Canadian Death Race, a ern Ireland. The power-sharing govern- ed with respect and dignity. three-day endurance course that traverses a ment was suspended in 2002, the British One of those brave citizens was Port- raging river and three mountain summits resumed direct control, and violence land resident Dr. J.N. Merriman, who and includes 17,000 feet of elevation change. Never one to be outdone by his younger has flared at times. However, all sides in 1914—united with a few pioneering brother, Emerson recently took on a 3100- have been committed to working to- sprits—commissioned Oregon’s first repetition weight-training workout chal- wards the blueprint for peace worked NAACP chapter, a mere 5 years after lenge. He completed it in under one hour and out in 1998—the Irish Republican Army the nationally acclaimed organization 50 minutes. formally ended its armed campaign in was formed. ‘‘We’re excessive,’’ Emerson admits 2005, the St. Andrews Agreement re- The work of Portland’s NAACP chap- unapologetically. ‘‘The two of us are extraor- turned control of the government to ter and Urban League helped to spur a dinarily competitive. But it’s never me against him or him against me. It’s ‘‘Let’s Northern Ireland, and all sides have re- grassroots movement that succeeded see what we can do.’ ’’ sisted a resurgence of the brutality of where many previous campaigns had That drive for peak performance is re- the past. failed, repealing in 1926 and 1927 the flected in their careers. Both are self-de- In recent months, disagreements over State’s sordid exclusion laws. These scribed workaholics—Emerson is still mar- a variety of issues have threatened to Jim Crow laws, written into the ried, Angelo divorced—and are intimately in- bring down the fragile government State’s Constitution, prevented African volved in every detail of their publications, again—tensions over British control of Americans from living freely in the from writing daily editorials to selling ads to prosecutors, the judiciary and the po- State, settling, owning property or vot- distribution. On a recent visit to Seven Days, Angelo’s station wagon was filled with lice, and the rights of the Protestant ing. newspapers that needed delivering. Orange Order to parade through heav- It is in the spirit of these pioneering ‘‘I have never met anyone in daily jour- ily Catholic neighborhoods have pre- Oregonians and so many brave citizens nalism who has maintained such a high level vented both sides from moving forward. of every color across this country, that

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S535 we remember and reflect on the history ices demonstrate time and again their jobs. In addition, Chick-fil-A continued and contributions African Americans ability to adapt and perform, as is the its reinvestment in its existing res- have made. case with America’s most recent hu- taurant infrastructure by remodeling Our American identity is tied to the manitarian mission in Haiti. or expanding 60 restaurants across the music of outstanding artists like Sarah Recently, staff from Creighton Uni- chain. Despite the uncertain economy, Vaughan and Duke Ellington, the lit- versity in my home State of Nebraska Chick-fil-A continues to be on track to erary work of authors like Maya sought emergency assistance for some honor the commitment Truett Cathy Angelou and Langston Hughes, the critical patients in Jimani, Haiti. The and his family made at the end of 2006 groundbreaking accomplishments of Creighton medical team on the ground to eliminate all company debt by 2012. athletes like Jackie Robinson and there needed a rapid response for these I am also proud to say that this Geor- Jackie Joyner-Kersee, and the discov- Haitian patients, but they were unable gia-based company also continues its eries and inspiration of scientists like to connect with any support agencies strong commitment to education. In Benjamin Banneker and Mae Jemison. in the region to get the immediate at- August 2009, Truett Cathy awarded the Thanks to the inventions of African tention this situation required. 25,000th Chick-fil-A Leadership Schol- Americans, we now ride on elevators, The team at SOUTHCOM quickly arship since creating the program in preserve food in refrigerators and trav- saved the day, airlifting these criti- 1973. To date, the leadership scholar- el safely on the road with traffic lights. cally injured patients from Jimani to ship program has awarded more than The contributions of these and mil- Milot, Haiti, where they could be prop- $25 million in financial assistance to lions more Black Americans are part of erly treated. The entire American and more than 25,000 Chick-fil-A restaurant the very fabric of our Nation. international teams in Haiti have team members who have attended It is in the spirit of these brave citi- saved an untold and incalculable num- 2,300-plus educational institutions zens, and in recognition that their re- ber of lives since the devastating earth- throughout the country. In 2009 alone, markable accomplishments are that quake, but I would be remiss if I did Chick-fil-A awarded $1.4 million in much more remarkable for having not highlight the incredible effort by scholarships to 1,425 Chick-fil-A team overcome a history of racial discrimi- the men and women of SOUTHCOM. members across the country. nation, that we must continue to forge The servicemembers under General Congratulations, Chick-fil-A, and ahead on the path of justice and equal- Fraser’s command managed to evac- best wishes to Truett Cathy and the en- ity. We have come a long way in Or- uate 37 patients and their families over tire Cathy family for their ongoing egon and in America—but there is far the course of January 31 and February success in Georgia and throughout the more to be done. 1, 2010; and these individuals will be country.∑ As the Urban League of Portland re- forever grateful to the men and woman cently pointed out in their commis- of America’s military for saving their f sioned ‘‘State of Black Oregon’’ report: lives. RECOGNIZING CHAPEL HILL 30 percent of Black Oregonians are liv- All Americans should recognize this FLORAL ing in poverty—5 percent higher than valiant effort by the members of ∑ the national average; only 34 percent of SOUTHCOM. General Fraser showed Ms. SNOWE. Mr. President, this Sun- Black Oregonians own their own great leadership in overseeing this mis- day, we celebrate Valentine’s Day, homes—12 percent lower than the na- sion, and the courageous service of the when couples across the world take a tional average; and the unemployment men and women at SOUTHCOM has the moment to slow down and show each rate of Black Oregonians is nearly dou- gratitude of not only the medical team other their appreciation and love. ble the State unemployment rate. and others from Creighton University, Along with ‘‘Be My Valentine’’ cards These statistics are troubling and are but the people of Haiti as well. You are and boxes of chocolate, one of the sym- another reminder that we must do all a credit to our Nation. bols most connected with this special day is a beautiful bouquet of red roses. much more to ensure that every citizen f has the opportunity to lead a thriving, With that in mind, I wish to recognize productive life free of institutional ADDITIONAL STATEMENTS a small florist in my home State of barriers and policies that prevent suc- Maine that continually provides cus- cess. We must continue to remember tomers with quality flowers and gifts— RECOGNIZING CHICK-FIL-A the struggle so many have endured to and at this time of year, makes Valen- push equity, fairness and justice for- ∑ Mr. ISAKSON. Mr. President, I wish tine’s Day a sweet event. ward. And we must ensure that our to honor in the RECORD of the Senate a Chapel Hill Floral, a small flower education system is the best in the great Georgia company, Chick-fil-A, shop in Bangor, opened its doors on the world, and that our families have ac- Inc., and a great Georgian, its founder corner of West Broadway and Ham- cess to workforce and training opportu- S. Truett Cathy. mond Street in October of 2000. The full nities that lead to living-wage jobs. Last May, at age 88, Truett Cathy, service florist sells a wide variety of Today, we honor the brave citizens founder and active CEO of Chick-fil-A, floral arrangements for all occasions, who have made my State, our country celebrated 63 years in the restaurant from weddings to birthdays to every- and our world better. Today, we cele- business. In 1946, he opened his first day moments. Additionally, Chapel brate and reflect—but tomorrow, we restaurant, The Dwarf Grill, in Hill stocks a number of plants, as well must get back to work to truly reach Hapeville, GA. In December, Chick-fil- as baskets and hangers for them. The equity. A, which Mr. Cathy founded in 1967, store also sells a vast array of gifts to f reached the $3 billion mark in system- complement any floral selection, in- wide sales and posted its 42nd-consecu- cluding Boyd’s bears, local wines from RECOGNIZING U.S. SOUTHERN tive annual sales increase since the nearby Winterport Winery, and deli- COMMAND TEAM IN HAITI company’s inception. cious staples from Maine-based Stone- Mr. NELSON of Nebraska. Mr. Presi- While our economy was facing dif- wall Kitchen. dent, I rise today to extend my grati- ficult times, the Cathy family and A name synonymous with quality in tude to GEN Douglas M. Fraser, Com- president and COO, Dan T. Cathy, was the Bangor region, Chapel Hill has mander, and the men and women serv- prepared and committed to carrying on three Maine master floral designers on ing within the U.S. Southern Com- a family tradition. The Chick-fil-A staff. This designation was established mand, SOUTHCOM, for what was a true model of slow and steady growth that in 2003 for those passing a wide-ranging act of heroism. Certainly, all the mem- has proven so successful in the past has course in floral mechanics and tech- bers of America’s great military exem- paid off during these tough economic niques offered by the Maine State Flo- plify a ‘‘can do’’ spirit and selfless serv- times. rists’ and Growers’ Association. Indeed, ice to our Nation each and every day. The chain maintained its pace for Chapel Hill’s dedication to excellence And, as we all know full well, our mili- new restaurant openings by opening 83 and its employees’ sense of pride in tary has ever-changing missions; yet new restaurants across the country in their work has led to a truly satisfied the men and women of our armed serv- 2009, creating approximately 4,200 new clientele.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S536 CONGRESSIONAL RECORD — SENATE February 9, 2010 Additionally, to build a bond with ards, and for other purposes; to the Com- tation, and rebuilding of Haiti following the the local community, Chapel Hill Flo- mittee on Commerce, Science, and Transpor- humanitarian crisis caused by the January ral offers a series of timely and enter- tation. 12, 2010, earthquake in Haiti; to the Com- taining classes on how to design beau- f mittee on Foreign Relations. tiful floral arrangements. Most re- INTRODUCTION OF BILLS AND cently, in preparation for Valentine’s JOINT RESOLUTIONS f Day, Chapel Hill offered the ‘‘Prelude The following bills and joint resolu- to a Kiss’’ class, where students turned tions were introduced, read the first ADDITIONAL COSPONSORS a half-dozen red roses into a beautiful and second times by unanimous con- S. 148 display with several accoutrements, sent, and referred as indicated: At the request of Mr. KOHL, the name such as babies’ breath and Calyx By Mr. SCHUMER: of the Senator from California (Mrs. leaves. Other classes in the near future S. 3006. A bill to amend the Employee Re- FEINSTEIN) was added as a cosponsor of include the hopeful and aptly named tirement Income Security Act of 1974 and the S. 148, a bill to restore the rule that ‘‘Tropical Getaway’’ and ‘‘Spring in a Internal Revenue Code of 1986 to allow multi- employer plans to amortize losses from cer- agreements between manufacturers Basket.’’ Additionally, for anyone who tain fraudulent investment schemes over a and retailers, distributors, or whole- places an order prior to Valentine’s 40-year period; to the Committee on Finance. salers to set the minimum price below Day, their name will be automatically f which the manufacturer’s product or placed in a drawing for an overnight SUBMISSION OF CONCURRENT AND service cannot be sold violates the weekend stay at the Lucerne Inn, one SENATE RESOLUTIONS Sherman Act. of Maine’s most quaint and historic ho- S. 210 tels. The package includes dinner for The following concurrent resolutions two, Sunday brunch, and a dozen beau- and Senate resolutions were read, and At the request of Mrs. BOXER, the tiful red roses, making it the perfect referred (or acted upon), as indicated: name of the Senator from Alaska (Mr. romantic getaway! By Mrs. LINCOLN (for herself and Mr. BEGICH) was added as a cosponsor of S. Finally, Chapel Hill’s superb work CHAMBLISS): 210, a bill to amend the Internal Rev- S. Res. 411. A resolution recognizing the enue Code of 1986 to increase the credit has been recognized by Market Surveys importance and sustainability of the United of America as the ‘‘Best Flower Shop’’ for employers establishing workplace States hardwoods industry and urging that child care facilities, to increase the in the Greater Bangor area 3 years in a United States hardwoods and the products row, from 2007 to 2009. Additionally, derived from United States hardwoods be child care credit to encourage greater Mark Pellon, who is one of Chapel given full consideration in any program to use of quality child care services, to Hill’s Maine master floral designers promote construction of environmentally provide incentives for students to earn was named the Maine State Florists’ preferable commercial, public, or private child care—related degrees and to work buildings; to the Committee on Agriculture, in child care facilities, and to increase and Growers’ Association’s Designer of Nutrition, and Forestry. the Year for 2008, a distinct and well- the exclusion for employer—provided By Mrs. GILLIBRAND (for herself and dependent care assistance. deserved honor. Mr. VOINOVICH): Clearly, Chapel Hill Floral has made S. Res. 412. A resolution designating Sep- S. 332 a lasting impression on its customers tember 2010 as ‘‘National Childhood Obesity At the request of Mrs. FEINSTEIN, the Awareness Month’’; to the Committee on the in the Bangor area, and the company’s Judiciary. name of the Senator from Pennsyl- unique marketing efforts are truly By Mr. REID (for himself, Mr. MCCON- vania (Mr. CASEY) was added as a co- noteworthy. My sincerest thanks to NELL, Mr. SPECTER, Mr. CASEY, Mr. sponsor of S. 332, a bill to establish a owners Barbara and Rick Frye and ev- AKAKA, Mr. ALEXANDER, Mr. comprehensive interagency response to eryone at Chapel Hill Floral for all of BARRASSO, Mr. BAUCUS, Mr. BAYH, reduce lung cancer mortality in a their excellent work, and my best wish- Mr. BEGICH, Mr. BENNET, Mr. BEN- timely manner. NETT, Mr. BINGAMAN, Mr. BOND, Mrs. es for a pleasant Valentine’s season S. 864 and a successful year.∑ BOXER, Mr. BROWN of Massachusetts, Mr. BROWN of Ohio, Mr. BROWNBACK, At the request of Mr. DORGAN, the f Mr. BUNNING, Mr. BURR, Mr. BURRIS, name of the Senator from Nebraska MESSAGE FROM THE HOUSE Mr. BYRD, Ms. CANTWELL, Mr. (Mr. JOHANNS) was added as a cospon- At 11:03 a.m., a message from the CARDIN, Mr. CARPER, Mr. CHAMBLISS, sor of S. 864, a bill to amend the Inter- House of Representatives, delivered by Mr. COBURN, Mr. COCHRAN, Ms. COL- nal Revenue Code of 1986 to expand tax- LINS, Mr. CONRAD, Mr. CORKER, Mr. Mr. Novotny, one of its reading clerks, free distributions from individual re- CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. announced that the House has passed tirement accounts for charitable pur- DODD, Mr. DORGAN, Mr. DURBIN, Mr. poses. the following bills, in which it requests ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. the concurrence of the Senate: FEINSTEIN, Mr. FRANKEN, Mrs. S. 1400 H.R. 4061. An act to advance cybersecurity GILLIBRAND, Mr. GRAHAM, Mr. GRASS- At the request of Ms. STABENOW, the research, development, and technical stand- LEY, Mr. GREGG, Mrs. HAGAN, Mr. name of the Senator from Pennsyl- ards, and for other purposes. HARKIN, Mr. HATCH, Mrs. HUTCHISON, vania (Mr. CASEY) was added as a co- H.R. 4532. An act to provide for permanent Mr. INHOFE, Mr. INOUYE, Mr. ISAKSON, sponsor of S. 1400, a bill to amend the extension of the attorney fee withholding Mr. JOHANNS, Mr. JOHNSON, Mr. Internal Revenue Code of 1986 to make procedures under title II of the Social Secu- KAUFMAN, Mr. KERRY, Ms. rity Act to title XVI of such act, and to pro- KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. permanent the depreciation classifica- vide for permanent extension of such proce- LANDRIEU, Mr. LAUTENBERG, Mr. tion of motorsports entertainment dures under titles II and XVI of such Act to LEAHY, Mr. LEMIEUX, Mr. LEVIN, Mr. complexes. qualified non-attorney representatives. LIEBERMAN, Mrs. LINCOLN, Mr. S. 1500 The message also announced that the LUGAR, Mr. MCCAIN, Mrs. MCCASKILL, At the request of Mrs. GILLIBRAND, House has agreed to the following con- Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- the name of the Senator from Vermont KULSKI, Ms. MURKOWSKI, Mrs. MUR- current resolution, in which it requests (Mr. SANDERS) was added as a cospon- the concurrence of the Senate: RAY, Mr. NELSON of Nebraska, Mr. NELSON of Florida, Mr. PRYOR, Mr. sor of S. 1500, a bill to amend the Rich- H. Con. Res. 235. Concurrent resolution REED, Mr. RISCH, Mr. ROBERTS, Mr. ard B. Russell National School Lunch providing for an adjournment or recess of the ROCKEFELLER, Mr. SANDERS, Mr. Act to prohibit schools that participate two Houses. SCHUMER, Mr. SESSIONS, Mrs. in the Federal school meal programs The message further announced that SHAHEEN, Mr. SHELBY, Ms. SNOWE, from serving foods that contain trans the House passed the act (S. 2950) to ex- Ms. STABENOW, Mr. TESTER, Mr. fats derived from partially hydro- tend the pilot program for volunteer THUNE, Mr. UDALL of Colorado, Mr. genated oils. UDALL of New Mexico, Mr. VITTER, groups to obtain criminal history back- S. 1606 ground checks, without amendment. Mr. VOINOVICH, Mr. WARNER, Mr. WEBB, Mr. WHITEHOUSE, Mr. WICKER, At the request of Mr. WHITEHOUSE, MEASURES REFERRED and Mr. WYDEN): the names of the Senator from Dela- The following bill was read the first S. Res. 413. A resolution relative to the ware (Mr. KAUFMAN) and the Senator death of Representative John P. Murtha, of and second times by unanimous con- from Arkansas (Mr. PRYOR) were added Pennsylvania; considered and agreed to. sent, and referred as indicated: By Mr. KERRY: as cosponsors of S. 1606, a bill to re- H.R. 4061. An act to advance cybersecurity S. Res. 414. A resolution expressing the quire foreign manufacturers of prod- research, development, and technical stand- sense of the Senate on the recovery, rehabili- ucts imported into the United States

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S537 to establish registered agents in the sponsors of S. 2977, a bill to prohibit S. RES. 404 United States who are authorized to the use of Department of Justice funds At the request of Mr. FEINGOLD, the accept service of process against such for the prosecution in Article III courts names of the Senator from Washington manufacturers, and for other purposes. of the United States of individuals in- (Ms. CANTWELL) and the Senator from S. 2749 volved in the September 11, 2001 ter- New Jersey (Mr. LAUTENBERG) were At the request of Mrs. GILLIBRAND, rorist attacks. added as cosponsors of S. Res. 404, a the names of the Senator from Alaska S. 2982 resolution supporting full implementa- (Mr. BEGICH), the Senator from Maine At the request of Mr. KERRY, the tion of the Comprehensive Peace (Ms. SNOWE), the Senator from Maine names of the Senator from Ohio (Mr. Agreement and other efforts to pro- (Ms. COLLINS) and the Senator from BROWN), the Senator from Illinois (Mr. mote peace and stability in Sudan, and Vermont (Mr. SANDERS) were added as BURRIS), the Senator from Maryland for other purposes. cosponsors of S. 2749, a bill to amend (Mr. CARDIN), the Senator from Penn- S. RES. 409 the Richard B. Russell National School sylvania (Mr. CASEY), the Senator from At the request of Mr. FEINGOLD, the Lunch Act to improve access to nutri- Connecticut (Mr. DODD), the Senator names of the Senator from Oregon (Mr. tious meals for young children in child from Illinois (Mr. DURBIN), the Senator MERKLEY), the Senator from New Jer- care. from Minnesota (Mr. FRANKEN), the sey (Mr. LAUTENBERG), the Senator Senator from New York (Mrs. S. 2781 from Illinois (Mr. BURRIS), the Senator GILLIBRAND), the Senator from Iowa At the request of Ms. MIKULSKI, the from Michigan (Mr. LEVIN) and the (Mr. HARKIN), the Senator from South names of the Senator from Indiana Senator from Minnesota (Mr. FRANKEN) Dakota (Mr. JOHNSON), the Senator (Mr. BAYH), the Senator from Pennsyl- were added as cosponsors of S. Res. 409, from Delaware (Mr. KAUFMAN), the a resolution calling on members of the vania (Mr. CASEY) and the Senator Senator from Minnesota (Ms. from California (Mrs. BOXER) were Parliament in Uganda to reject the KLOBUCHAR), the Senator from Lou- added as cosponsors of S. 2781, a bill to proposed ‘‘Anti-Homosexuality Bill’’, isiana (Ms. LANDRIEU), the Senator and for other purposes. change references in Federal law to from New Jersey (Mr. LAUTENBERG), mental retardation to references to an the Senator from New Jersey (Mr. f intellectual disability, and to change MENENDEZ), the Senator from Mary- SUBMITTED RESOLUTIONS references to a mentally retarded indi- land (Ms. MIKULSKI), the Senator from vidual to references to an individual Washington (Mrs. MURRAY), the Sen- with an intellectual disability. ator from New York (Mr. SCHUMER), SENATE RESOLUTION 411—RECOG- S. 2816 the Senator from New Hampshire (Mrs. NIZING THE IMPORTANCE AND At the request of Mr. BUNNING, the SHAHEEN), the Senator from Michigan SUSTAINABILITY OF THE name of the Senator from New York (Ms. STABENOW), the Senator from New UNITED STATES HARDWOODS IN- (Mrs. GILLIBRAND) was added as a co- Mexico (Mr. UDALL) and the Senator DUSTRY AND URGING THAT sponsor of S. 2816, a bill to repeal the from Rhode Island (Mr. WHITEHOUSE) UNITED STATES HARDWOODS sunset of the Economic Growth and were added as cosponsors of S. 2982, a AND THE PRODUCTS DERIVED Tax Relief Reconciliation Act of 2001 bill to combat international violence FROM UNITED STATES HARD- with respect to the expansion of the against women and girls. WOODS BE GIVEN FULL CONSID- adoption credit and adoption assist- S. 2993 ERATION IN ANY PROGRAM TO ance programs and to allow the adop- At the request of Mr. SANDERS, the PROMOTE CONSTRUCTION OF EN- tion credit to be claimed in the year name of the Senator from Iowa (Mr. VIRONMENTALLY PREFERABLE expenses are incurred, regardless of HARKIN) was added as a cosponsor of S. COMMERCIAL, PUBLIC, OR PRI- when the adoption becomes final. 2993, a bill to increase the quantity of VATE BUILDINGS S. 2900 solar photovoltaic electricity by pro- Mrs. LINCOLN (for herself and Mr. At the request of Mrs. GILLIBRAND, viding rebates for the purchase and in- CHAMBLISS) submitted the following the name of the Senator from Florida stallation of an additional 10,000,000 resolution; which was referred to the (Mr. NELSON) was added as a cosponsor solar roofs and additional solar water Committee on Agriculture, Nutrition, of S. 2900, a bill to establish a research, heating systems with a cumulative ca- and Forestry: development, and technology dem- pacity of 10,000,000 gallons by 2019. S. RES. 411 onstration program to improve the effi- S. 3000 Whereas hardwood trees grown in the ciency of gas turbines used in combined At the request of Mr. ROCKEFELLER, United States are an abundant, sustainable, cycle and simple cycle power genera- the names of the Senator from North and legal resource, as documented annually tion systems. Carolina (Mrs. HAGAN) and the Senator by the Forest Inventory and Analysis Pro- from California (Mrs. FEINSTEIN) were gram of the Forest Service; S. 2904 added as cosponsors of S. 3000, a bill to Whereas, despite development pressure and At the request of Mr. FRANKEN, the extend the increase in the FMAP pro- cropland needs, Department of Agriculture name of the Senator from Connecticut vided in the American Recovery and data show that the inventory of United (Mr. LIEBERMAN) was added as a co- States hardwood has more than doubled over Reinvestment Act of 2009 for an addi- the past 50 years; sponsor of S. 2904, a bill to amend title tional 6 months. 10, United States Code, to require Whereas the Department of Agriculture re- S. RES. 396 emergency contraception to be avail- ports that annual United States hardwood At the request of Mr. UDALL of New able at all military health care treat- growth exceeds hardwood removals by a sig- Mexico, the name of the Senator from nificant margin of 1.9 to 1, and net annual ment facilities. New Hampshire (Mrs. SHAHEEN) was growth has exceeded removals continuously S. 2919 added as a cosponsor of S. Res. 396, a since 1952; At the request of Mr. UDALL of Colo- resolution to enable each newly con- Whereas the World Bank ranks the United rado, the name of the Senator from stituted Senate to carry out its respon- States in the top 10 percent of all countries for government effectiveness, regulatory Colorado (Mr. BENNET) was added as a sibility to determine the Rules of its cosponsor of S. 2919, a bill to amend the quality, and rule of law with respect to hard- Proceedings at the beginning of each wood resources; Federal Credit Union Act to advance Congress. Whereas United States hardwoods have the ability of credit unions to promote S. RES. 400 been awarded the highest conservation crop small business growth and economic At the request of Mr. KERRY, the rating available under the Department of development opportunities, and for names of the Senator from Pennsyl- Agriculture Environmental Benefits Index; other purposes. vania (Mr. CASEY) and the Senator Whereas United States hardwoods are net absorbers of carbon and are widely recog- S. 2977 from New York (Mrs. GILLIBRAND) were nized to be critical to reducing the United At the request of Mr. GRAHAM, the added as cosponsors of S. Res. 400, a States carbon footprint; names of the Senator from Nebraska resolution urging the implementation Whereas United States hardwoods are a (Mr. NELSON) and the Senator from Ne- of a comprehensive strategy to address valuable raw material that, when used prop- vada (Mr. ENSIGN) were added as co- instability in Yemen. erly, provide an incentive for landowners to

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I cial threat to our economy and health care clable, and hardwoods used in construction urge my colleagues join us in sup- system, carrying up to $14,000,000,000 per year can often be restored and reused in later con- porting U.S. hardwoods, the hardwood in direct health care cost, with people in the struction; industry and an abundant and renew- United States spending about 9 percent of Whereas United States hardwoods are able resource. their total medical costs on obesity-related grown primarily in those States located Mr. CHAMBLISS. Mr. President, I illnesses; along or east of the Mississippi River and in am submitting a resolution today rec- Whereas obese young people have an 80 per- the Pacific Northwest, but, with a presence ognizing that hardwood trees are an cent chance of being obese adults and are in every State, the hardwood industry is 1 of abundant and sustainable resource in more likely than children of normal weight the major sources of economic activity and the United States, and that the prod- to become overweight or obese adults, and sustenance in many rural communities; therefore more at risk for associated adult Whereas United States hardwoods are ucts derived from hardwood trees health problems, including heart disease, grown by thousands of small family land- should be given full consideration in type 2 diabetes, sleep apnea, stroke, several owners who may harvest trees only once or programs promoting the construction types of cancer, and osteoarthritis; twice in a generation; and of environmentally friendly buildings, Whereas in part due to the childhood obe- Whereas United States hardwoods and the including commercial, public or pri- sity epidemic, 1 in 3 children (and nearly 1 in products derived from United States hard- vate buildings. This resolution will 2 minority children) born in the year 2000 woods are prized throughout the world as a hopefully demonstrate Congress’s sup- will develop type 2 diabetes at some point in superior and long-lasting building material: port for the hardwood industry and their lifetime if current trends continue; Now, therefore, be it that these hardwood materials, a USA Whereas some consequences of childhood Resolved, That the Senate— and adolescent obesity are psychosocial and (1) recognizes that United States hard- product, are sustainable building mate- obese children and adolescents are targets of woods are an abundant, sustainable, and rials. I invite and encourage all of my early and systematic social discrimination, legal resource under United States law; and colleagues to cosponsor this bipartisan leading to low self-esteem which, in turn, (2) urges that United States hardwoods and resolution. can hinder academic and social functioning products derived from United States hard- The Nation’s forests are a bountiful and persist into adulthood; woods should be given full consideration in resource. Not only do they provide for- Whereas participating in physical activity any program to promote construction of en- est products and related jobs, but they is important for children and teens as it may vironmentally preferable commercial, pub- also are prized for their scenic beauty, have beneficial effects not only on body lic, or private buildings. weight, but also on blood pressure and bone recreational opportunities, wildlife strength; Mrs. LINCOLN. Mr. President, I am habitat, and maintaining clean air and pleased to introduced a resolution with Whereas proper nutrition is important for water. children before birth and through their life- my colleague, Mr. CHAMBLISS of Geor- Today, about one-third of the Na- span as nutrition has beneficial effects for gia, recognizing hardwood trees as an tion’s landscape is forested. The major- health and body weight, and is key in the abundant, sustainable and renewable ity of this forestland, about 57 percent, prevention of various chronic diseases; resource. Specifically, the resolution is privately owned. In my home State Whereas childhood obesity is preventable states that the U.S. Senate of Georgia, 24 million acres, about 67 yet does not appear to be declining; Recognizes that United States hardwoods percent of the land, is covered by for- Whereas public, community-based, and pri- are an abundant, sustainable, and legal re- vate sector organizations and individuals ests. These forests have a direct eco- throughout the United States, including source under United States law; and urges nomic impact of nearly $13 billion per that United States hardwoods and products First Lady Michelle Obama, are working to derived from United States hardwoods year. About one-third of Georgia’s for- decrease childhood obesity rates for people should be given full consideration in any pro- ests are hardwoods, which supports the in the United States of all races through a gram to promote construction of environ- nearly 300 hardwood facilities in the range of efforts, including educational pres- mentally preferable commercial, public, or State. Most of these are small, family entations, media campaigns, websites, poli- private buildings. owned businesses, just as they are in cies, healthier food options, and greater op- the rest of the country. Unfortunately, portunities for physical activity; and Hardwoods are found throughout the Whereas Members of Congress have cham- U.S., but they are a major component in Georgia and the rest of the country, pioned legislation to reduce and bring aware- of forests from New England, through this industry has been in decline for ness to the issue of childhood obesity: Now, the Lake States, and the South-Central more than a decade as paper and wood therefore, be it and Southeastern states. Hardwood in- mills have closed and 158,000 jobs, Resolved, That the Senate— ventories are expected to increase by 27 many in rural areas, have been lost. (1) designates September 2010 as ‘‘National percent over the next 40 years, accord- I hope that with this resolution my Childhood Obesity Awareness Month’’ in ing to the Forest Service. Most of these colleagues and the Nation remember order to raise public awareness and mobilize the country to address childhood obesity; forests are owned and managed by fam- the numerous benefits of forests and hardwoods. They are a sustainable and (2) recognizes the importance of preventing ilies who make substantial invest- childhood obesity and decreasing its preva- ments in these lands, sometimes with- renewable resource and should be rec- lence in the United States; and out the expectation of timber income ognized for the environmental benefits (3) requests that the President issue a in their lifetimes. This resolution rec- they provide. proclamation calling on the Federal Govern- ognizes the environmental qualities of f ment, States, Tribes and tribal organiza- tions, localities, schools, nonprofit organiza- hardwood lumber, as well as the SENATE RESOLUTION 412—DESIG- generational commitment of America’s tions, businesses, other entities, and the peo- NATING SEPTEMBER 2010 AS ple of the United States to observe the family forest landowners who grow and ‘‘NATIONAL CHILDHOOD OBESITY month with appropriate programs and activi- nurture this valuable resource. AWARENESS MONTH’’ ties with the goal of promoting healthy eat- The Arkansas timber industry has Mrs. GILLIBRAND (for herself and ing and physical activity and increasing suffered badly during the recession. awareness of childhood obesity among indi- This resolution will provide new mar- Mr. VOINOVICH) submitted the following viduals of all ages and walks of life. resolution; which was referred to the kets for our State’s hardwood growers, f many of whom are small family land- Committee on the Judiciary: owners who may harvest trees only S. RES. 412 SENATE RESOLUTION 413—REL- once or twice in a generation. With Whereas during the past 4 decades, obesity ATIVE TO THE DEATH OF REP- more than 60 hardwood facilities in Ar- rates have soared among all age groups, in- RESENTATIVE JOHN P. MURTHA, kansas, the industry is an important creasing more than four-fold among children OF PENNSYLVANIA ages 6 to 11; piece of our economy. Hardwood is val- Whereas 31.8 percent or 23,000,000 children Mr. REID (for himself, Mr. MCCON- ued world-wide as a superior and long- and teenagers ages 2 to 19 are obese or over- NELL, Mr. SPECTER, Mr. CASEY, Mr. lasting building material and I am weight, a statistic that health and medical AKAKA, Mr. ALEXANDER, Mr. BARRASSO, proud to encourage their use. experts consider an epidemic; Mr. BAUCUS, Mr. BAYH, Mr. BEGICH, Mr.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S539 BENNET, Mr. BENNETT, Mr. BINGAMAN, (2) has approximately 120,000 people living Now, therefore, be it Mr. BOND, Mrs. BOXER, Mr. BROWN of with HIV; Resolved, That the Senate— (3) had 29,333 new cases of Tuberculosis in (1) urges the United States Government Massachusetts, Mr. BROWN of Ohio, Mr. 2007; and and the international community to provide BROWNBACK, Mr. BUNNING, Mr. BURR, (4) has nearly 400,000 children living in or- resources, manpower, and technical assist- Mr. BURRIS, Mr. BYRD, Ms. CANTWELL, phanages; ance to support the Government of Haiti’s Mr. CARDIN, Mr. CARPER, Mr. Whereas despite these challenges, cautious leadership of international assistance efforts CHAMBLISS, Mr. COBURN, Mr. COCHRAN, signs of developmental progress and stability and to conduct a comprehensive post-dis- Ms. COLLINS, Mr. CONRAD, Mr. CORKER, were beginning to emerge in Haiti prior to aster needs assessment that will focus on— Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, the earthquake; (A) social sector services, including access Whereas although initial recovery efforts to, and delivery of, basic services, includ- Mr. DODD, Mr. DORGAN, Mr. DURBIN, must continue to assist the people of Haiti ing— Mr. ENSIGN, Mr. ENZI, Mr. FEINGOLD, struggling to secure basic necessities, in- (i) health care delivery, including rein- Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. cluding food, water, health care, shelter, and stating disrupted care and addressing new GILLIBRAND, Mr. GRAHAM, Mr. GRASS- electricity, Haiti cannot afford to only focus needs; LEY, Mr. GREGG, Mrs. HAGAN, Mr. HAR- on its immediate needs; (ii) all levels of education, including ensur- KIN, Mr. HATCH, Mrs. HUTCHISON, Mr. Whereas various United States and inter- ing access to lessons as quickly as possible; INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. national assessments indicate that the next (iii) social support for communities; (iv) improving the welfare of children; and JOHANNS, Mr. JOHNSON, Mr. KAUFMAN, priority for the Government of Haiti should be to repair the country’s basic infrastruc- (v) recognition of the importance of gender Mr. KERRY, Ms. KLOBUCHAR, Mr. KOHL, ture, including its schools, roads, hospitals, equality and the role of women as economic Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- telecommunications infrastructure, and gov- guardians; BERG, Mr. LEAHY, Mr. LEMIEUX, Mr. ernment buildings; (B) population resettlement, including LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, Whereas Haiti’s leaders have advocated services and sustainable livelihoods to sup- Mr. LUGAR, Mr. MCCAIN, Mrs. that— port new communities and settlements; MCCASKILL, Mr. MENENDEZ, Mr. (1) reconstruction should not follow the in- (C) stable and democratic governance, en- suring that the Government of Haiti will ap- MERKLEY, Ms. MIKULSKI, Ms. MUR- efficient practices of the past; and (2) Haitians should be given the oppor- propriately steward state resources through KOWSKI, Mrs. MURRAY, Mr. NELSON of tunity to accelerate and implement long a process embracing transparency, civic par- Nebraska, Mr. NELSON of Florida, Mr. planned reforms and new ways of doing busi- ticipation, political moderation, and institu- PRYOR, Mr. REED, Mr. RISCH, Mr. ROB- ness in every sector; tional accountability; ERTS, Mr. ROCKEFELLER, Mr. SANDERS, Whereas Haiti enjoys several advantages (D) economic sustainability, emphasizing Mr. SCHUMER, Mr. SESSIONS, Mrs. that can facilitate its rebuilding, including— employment generation, macroeconomic sta- (1) people committed to education and SHAHEEN, Mr. SHELBY, Ms. SNOWE, Ms. bility, and market economy sustainability; hard work; STABENOW, Mr. TESTER, Mr. THUNE, Mr. (E) security, ensuring legitimate state ef- (2) duty-free, quota-free access to United forts to prevent and respond to crime, espe- UDALL of Colorado, Mr. UDALL of New States markets; cially violence, and instilling public order Mexico, Mr. VITTER, Mr. VOINOVICH, (3) a large pool of low-cost labor; and confidence in Haitian security forces; (4) a large, hardworking North American Mr. WARNER, Mr. WEBB, Mr. and diaspora sending money back to Haiti; and WHITEHOUSE, Mr. WICKER, and Mr. (5) regional neighbors who are peaceful, (F) rule of law, developing a just legal WYDEN) submitted the following reso- prosperous, and supportive of Haiti’s success; framework that— lution; which was considered and Whereas international experience from re- (i) is accountable; agreed to: building other countries recovering from (ii) provides access to justice; and (iii) ensures public order; S. RES. 413 natural disaster confirms that— (1) stability and security are essential pre- (2) encourages the United States Govern- Resolved, That the Senate has heard with ment and the international community to profound sorrow and deep regret the an- conditions to longer-term development; and (2) economic development and political re- support the leadership of the Government of nouncement of the death of the Honorable form should relieve poverty and foster gov- Haiti and key nongovernmental and private John P. Murtha, late a Representative from ernance and social justice; sector Haitian stakeholders to create a com- the Commonwealth of Pennsylvania. Whereas employment is essential to break- prehensive national strategy for recovery Resolved, That the Secretary communicate and development that will— these resolutions to the House of Represent- ing the vicious cycle of poverty, corruption, insecurity, and loss of faith in democracy; (A) be led by the Government of Haiti; atives and transmit an enrolled copy thereof (B) address the findings from the needs as- to the family of the deceased. Whereas the Haitian people, like all peo- ple, deserve the income and dignity that sessment conducted under paragraph (1); Resolved, That when the Senate adjourns or (C) coordinate new resources flowing into recesses today, it stand adjourned or re- gainful employment provides; Whereas, in addition to providing emer- Haiti; cessed as a further mark of respect to the (D) channel such resources in concrete and memory of the deceased Representative. gency assistance and relief, the Government of Haiti must grapple with the longer-term specific ways towards key sectoral objectives f issue of how to provide permanent, sustain- identified by the Government of Haiti and its SENATE RESOLUTION 414—EX- able shelter to an estimated 1,000,000 Hai- people; tians displaced by the earthquake; (E) take feasible steps to recognize and PRESSING THE SENSE OF THE rectify the social injustice of poverty, and SENATE ON THE RECOVERY, RE- Whereas, the impact of natural disaster on Haiti is— decrease the vulnerability of the poor, HABILITATION, AND REBUILDING (1) exacerbated by weak building codes and through job creation, the provision of health OF HAITI FOLLOWING THE HU- poor infrastructure; and care, the provision of safe shelter and settle- MANITARIAN CRISIS CAUSED BY (2) more fundamentally the result of an im- ments, food security, and education; THE JANUARY 12, 2010, EARTH- poverished state unable to provide most of (F) place communities at the center of the QUAKE IN HAITI its people with minimal public services, in- rebuilding process, by employing local labor cluding security, clean water, shelter, elec- and consulting local leaders and commu- Mr. KERRY submitted the following tricity, health care, and education; nities for their experience and vision; resolution; which was referred to the Whereas assistance to Haiti should be de- (G) encourage rebuilding and development Committee on Foreign Relations: livered in a manner that enhances, not di- of programs that are environmentally sus- S. RES. 414 minishes, the ability of the state to provide tainable and respectful and restorative of Whereas on January 12, 2010, Haiti suffered services to its people; Haiti’s natural resources; an earthquake measuring 7.0 on the Richter Whereas the Haitian state should be re- (H) work with the Government of Haiti and scale, the greatest natural disaster in Haiti’s built with communities in a central role in the international community to reduce the history, which— the national recovery process led by the Gov- risk of future disasters, including floods and (1) devastated Port-au-Prince and the sur- ernment of Haiti, so that foreign assistance hurricanes, through the relief and recovery rounding areas; upholds and empowers Haitian mayors, local efforts focusing on the most vulnerable com- (2) killed more than 100,000 people; councils, and municipalities in areas outside munities; and (3) injured hundreds of thousands more of Port-au-Prince; (I) address the difficult issues related to people; and Whereas international donors and non- land use, land tenure, the need for land for (4) left many hundreds of thousands of peo- governmental organizations, which have a reconstruction, and land price escalations. ple homeless; responsibility to support the Government of (3) applauds the international community’s Whereas Haiti, which is the poorest coun- Haiti in its rebuilding efforts, should not response to the preliminary appeal for assist- try in the Western Hemisphere— supplant the ability of local institutions and ance made at Montreal, Canada, on January (1) has an estimated 54 percent of its popu- the government to manage resources and 25, 2010; lation living on less than $1 per day; provide essential services: (4) affirms that—

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S540 CONGRESSIONAL RECORD — SENATE February 9, 2010 (A) the international donors conference for The PRESIDING OFFICER. Without the claim that Iraq was reconstituting Haiti, which will be held in New York on objection, it is so ordered. nuclear weapons, taking a different March 22-23, 2010, is an opportunity for Haiti f view on the purpose of Saddam Hus- to accelerate and implement long-planned sein’s pursuit of aluminum tubing. His- projects and priorities in key PRIVILEGES OF THE FLOOR tory, of course, proved the INR ana- infrastructural, economic, and social sectors outlined in a comprehensive national strat- Mr. HARKIN. Mr. President, I ask lysts to be correct, as Iraq was not re- egy; and unanimous consent that Jeff Barham, a constituting a nuclear weapons pro- (B) large-scale international assistance detailee in the Senate HELP Com- gram. provides significant leverage to promote mittee, be granted the privilege of the As an assistant secretary, Ambas- sador Goldberg will lead a talented, ex- change and reform in Haiti; floor for the duration of the nomina- (C) the international community should be perienced group of analysts, whose tion of Craig Becker. prepared to fully commit to the outcomes of work offers invaluable insights to pol- The PRESIDING OFFICER. Without the New York donors conference, including icymakers at the Department of State objection, it is so ordered. full disbursement and subsequent implemen- and throughout the government. INR tation; f analysts produce open source products (5) encourages international financial in- as well, including reports based on stitutions and international organizations, EXECUTIVE SESSION including the United Nations and the World global public opinion polling and for- Bank, to continue their engagement and eign media analysis. INR also serves a critical coordi- leadership in support of critical economic EXECUTIVE CALENDAR and security priorities, including— nating function. It is the intermediary (A) economic and social assistance pro- Mr. REID. Mr. President, I ask unan- between intelligence activities and the grams; imous, consent that the Senate proceed Intelligence Community on one hand (B) strengthening Haitian national institu- to executive session to consider Cal- and foreign policy and U.S. embassies tions; endar No. 561, the nomination of on the other. INR represents the De- (C) security sector reform; Clifford L. Stanley to be Under Sec- partment of State’s perspective within (D) ensuring fair and legitimate elections; retary of Defense for Personnel and and the intelligence community and en- (E) supporting political and governance re- Readiness and Calendar No. 614, the sures that the benefits of intelligence form; nomination of Philip Goldberg to be an activities outweigh any diplomatic (6) encourages the International Monetary Assistant Secretary of State for Intel- risks. Ambassador Goldberg’s experi- Fund, the World Bank, and the Inter-Amer- ligence and Research. ence serving in and managing U.S. em- ican Development Bank, which hold the ma- The legislative clerk read the nomi- bassies abroad will be very important jority of Haiti’s existing external debt obli- nations of Clifford L. Stanley, of Penn- as he helps to align intelligence and gations, to— sylvania, to be Under Secretary of De- diplomatic priorities. (A) work together to relieve Haiti of its ex- fense for Personnel and Readiness, and Ambassador Goldberg’s distinguished ternal debt obligations to the multilateral 20-year career in the Foreign Service community and bilateral lenders; and Philip S. Goldberg, of the District of (B) seek considerable new resources for Columbia, to be an Assistant Secretary prepares him well for his new position. Haiti without adding to Haiti’s existing debt of State. He served as the charge d’affairs and obligations, primarily through provision of NOMINATION OF PHILIP S. GOLDBERG deputy chief of mission in Santiago, grants; and Mrs. FEINSTEIN. Mr. President, I Chile, the chief of mission in Pristina, (7) urges the United States Government to support the nomination of Ambassador Kosovo, and in the U.S. embassies in ensure unity of effort by assigning a single Bogota, Colombia, and Pretoria, South person to— Philip S. Goldberg to be the Assistant Secretary for Intelligence and Re- Africa. Ambassador Goldberg is a grad- (A) coordinate all aspects of United States uate of Boston University and before search at the Department of State and assistance to Haiti; and joining the Foreign Service he worked (B) work with Congress to responsibly en- urge my colleagues to support this sure sufficient appropriations to facilitate for the city of New York. nomination. The Intelligence Com- From 2006 to 2008, Ambassador Gold- the long-term and sustainable recovery, re- mittee unanimously approved Ambas- habilitation, and development of Haiti. berg served as the Ambassador to Bo- sador Goldberg’s nomination on De- livia during a period of heightened ten- f cember 10, 2009. sions between our two countries. In NOTICE OF HEARING The Assistant Secretary for Intel- mid-September 2008, President Evo Mo- ligence and Research leads the Bureau rales accused Ambassador Goldberg of COMMITTEE ON INDIAN AFFAIRS of Intelligence and Research at the De- supporting opposition forces, declared Mr. DORGAN. Mr. President, I would partment of State, a well-respected him persona non grata, and expelled like to announce that the Committee analytic agency within the Intelligence him from the country. The Intelligence on Indian Affairs will meet on Thurs- Community, known as ‘‘INR.’’ INR pro- Committee carefully reviewed Ambas- day, February 11, 2010 at 2:15 p.m. in duces all-source intelligence analysis sador Goldberg’s conduct in Bolivia. room 628 of the Dirksen Senate Office to advise the Secretary of State and We have found that Ambassador Gold- Building to conduct a business meeting other senior policy officials. INR is as berg acted appropriately during his to consider the nomination of Lillian an active participant in the Intel- tenure and followed the policies of the A. Sparks to be Commissioner of the ligence Community and contributes to U.S. Government. In fact, an inspector Administration for Native Americans, products published by the National In- general report on the embassy pub- U.S. Department of Health and Human telligence Council. Its analysts, while lished in September 2008 gave Ambas- Services. far fewer in number than the analysts sador Goldberg and his deputy high Those wishing additional information at the Central Intelligence Agency and marks, stating that ‘‘The Ambassador may contact the Indian Affairs Com- the Defense Intelligence Agency, are and the deputy chief of mission (DCM) mittee at 202–224–2251. highly expert in their fields and often provide clear policy guidance and lead- f improve the quality of coordinated in- ership . . . [They gather] input and ad- telligence assessments by challenging vice from their staff, forging an excel- AUTHORITY FOR COMMITTEES TO the views of other agencies and, if nec- lent working relationship among all MEET essary, dissenting from consensus judg- agencies and sections at post.’’ COMMITTEE ON ENVIRONMENT AND PUBLIC ments that they believe to be incorrect After Ambassador Goldberg’s expul- WORKS or unsubstantiated. sion from Bolivia, the State Depart- Mr. MENENDEZ. Mr. President, I ask One important example of INR’s ment strongly defended Ambassador unanimous consent that the Com- independent minded approach occurred Goldberg, both in public press remarks mittee on Environment and Public in 2002, when INR dissented from the and in internal memoranda. In short, Works be authorized to meet during official judgment of the intelligence the Intelligence Committee believes the session of the Senate on February community regarding Iraq’s weapons of that Ambassador Goldberg acted pro- 9, 2010, at 2:30 p.m. in room 406 of the mass destruction program. INR ana- fessionally and bears no blame for the Dirksen Senate Office Building. lysts expressed less certainty regarding Bolivian decision to expel him.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S541 Since June 2009, Ambassador Gold- have, for example, a woman, Caryn that are trying to do evil to the people berg has served as the Coordinator for Wagner to be Under Secretary for In- in this country, and we don’t have any- the Implementation of United Nations telligence and Analysis with the De- one heading that department. It is dis- Resolution 1874, which imposed eco- partment of Homeland Security. That graceful. nomic and commercial sanctions on is being held up by the Republicans. The Republicans are holding up these North Korea. In this position, Ambas- No. Again, Secretary Napolitano will people for reasons that have nothing to sador Goldberg has relied on sensitive have to wait to have, in this vast De- do with the background, morality, and intelligence reporting to build a diplo- partment of Homeland Security, some- competence of these people. They are matic consensus to search North Ko- one in charge of intelligence. just holding them up because they rean cargo. What is that about? It is about peo- want to hold them up. We have had President Obama nominated Ambas- ple trying to destroy our country— them held up for a number of weeks be- sador Goldberg on October 23, 2009. homeland security. The most evil peo- cause they do not like a decision that After completing the pre-hearing pro- ple in the world are trying to do harm has been made as to where a building is cedures, the Intelligence Committee to Americans in our homeland, but yet to be built. The Republicans have held a confirmation hearing on the we cannot get a person confirmed who backed up the person who has been nomination on December 1, 2009. As has come out of the committee over- doing this because he wanted the build- part of the confirmation process, Am- whelmingly. They are holding him up ing built in his State. bassador Goldberg was asked to com- because of something no one knows. I would hope the American people un- plete a Committee questionnaire, pre- But we know every day that goes by, derstand what is going on here with hearing questions, and post-hearing the security of this Nation is in jeop- this party of no. I have been a person questions for the record. The answers ardy because of this. who has gotten along very well in my he provided have all been posted to the I might note, this person being held career, Mr. President, being a very intelligence committee’s website. The up in the Department of Homeland Se- moderate person, trying to be someone Senate Foreign Relations Committee curity, the Senator holding this up, it who gets along with Democrats and Re- also held a hearing on Ambassador is my understanding, the junior Sen- publicans, but I am obligated to speak Goldberg’s nomination on November 19, ator from Oklahoma, voted for this out as to what is going on here, and I 2009. nomination out of committee. But he have only picked two of the numerous In sum, Ambassador Goldberg will be is holding it up now because of other people being held up. There are scores an asset to INR and to the intelligence matters. He was nice enough to call me of them being held up for reasons that community. His management experi- and tell me—I did not talk with him, have nothing to do with anything deal- ence leading foreign embassies will but he called my office to indicate he ing with these people or how they will serve him well as he takes the helm of was going to hold this nomination. function once in office. INR. His background—particularly his Laura Kennedy, a career member of Frankly, I think the President service as a diplomat on four con- the senior Foreign Service—her job is should recess all of them—all of them. tinents—prepares him to address the going to be to deal with disarmament. He has been given very little recogni- range of global intelligence questions It is too bad the United States of tion for the importance of the job that INR analysts address. America, a nuclear power in the world, he has been doing in trying to find the I look forward to working with Am- does not have a representative of am- best people in America to fill these po- bassador Goldberg as he leads a highly bassadorial rank to represent the sitions. No one can say Democrats did respected and important agency within United States at disarmament con- this when we were in the minority. We the intelligence community. I urge the ferences. How is that one? Why it is didn’t do this. There were people held Senate to approve Ambassador Gold- being held up has nothing to do with up, but this is something that is be- berg’s nomination. her qualifications or background. It is yond the pale. Mr. REID. Mr. President, I ask unan- some other reason. f imous consent that the nominations be I have told the President enough is confirmed en bloc; that the motions to enough. He has the right, as President LEGISLATIVE SESSION reconsider be laid upon the table en of the United States, to do recess ap- The PRESIDING OFFICER. Under bloc; that the President be imme- pointments. It should be done. What is the previous order, the Senate will now diately notified of the Senate’s action; being done to this President is unfair. return to legislative session. It has never been done before. We have that any statements relating to the f nominations be printed in the RECORD; had to file cloture on many Presi- and that the Senate resume legislative dential nominations that President SMALL BUSINESS PENALTY session. Bush never had to do. FAIRNESS ACT OF 2009 The PRESIDING OFFICER. Without It is very unfortunate that because of Mr. REID. Mr. President, I ask unan- objection, it is so ordered. the storms that have hit our Nation’s imous consent that the Senate Finance The nominations were confirmed. Capital, it has been very difficult to Committee be discharged from further Mr. REID. Mr. President, it is hard to get things done. We are not going to be consideration of S. 2917 and that the comprehend we have been working for able to bring this up now until next Senate then proceed to its consider- weeks to get a couple people con- week. Well, we can’t do it next week ation. firmed—actually four. One is the No. 3 because it is a recess, the Presidents The PRESIDING OFFICER. Without person in the Pentagon. We just got Day recess, and we are out for the objection, it is so ordered. The clerk that done, Clifford Stanley. The Sec- week. So we can come back in 10 days will report the bill by title. The legis- retary of Defense has been waiting for or a week and try again. In the mean- lative clerk read as follows: this person, as I have indicated, for time, we don’t have anyone dealing A bill (S. 2917) to amend the Internal Rev- weeks and weeks. This man is respon- with disarmament for our country; we enue Code of 1986 to modify the penalty for sible for making sure the right troops don’t have someone helping one of the failure to disclose certain reportable trans- go to Afghanistan and come back from most important offices in the country, actions and the penalty for submitting a bad Iraq. We finally got that done. which is homeland security, dealing check to the Internal Revenue Service, to The nomination of Philip Goldberg I with the intelligence office. modify certain rules relating to Federal ven- talked about before. He is Secretary What is that about? Telephone con- dors, and for other purposes. Clinton’s person to deal with intel- versations that are picked up about There being no objection, the Senate ligence matters coming before the De- someone trying to come and blow up proceeded to consider the bill. partment of State. We finally got that the Capitol or one of the buildings in Mr. REID. I ask unanimous consent done. New York or Los Angeles or Salt Lake that the bill be read three times, The sad part is we have two others on City or Portland or Denver. We have passed, the motion to reconsider be which we have been working. They agents who have infiltrated some of laid upon the table, and that any state- were held up, we were told, by one Sen- these gangs—I will use that term very ments relating to this matter be print- ator, but that is not the way it is. We loosely—these clandestine operations ed in the RECORD.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S542 CONGRESSIONAL RECORD — SENATE February 9, 2010 The PRESIDING OFFICER. Without (c) DATE OF REPORT.—The first report re- completes its business today, it ad- objection, it is so ordered. quired under subsection (a) shall be sub- journ until 2:30 p.m. on Thursday, Feb- The bill (S. 2917) was ordered to be mitted not later than June 1, 2010. ruary 11; that following the prayer and engrossed for a third reading, was read SEC. 4. APPLICATION OF BAD CHECKS PENALTY pledge, the Journal of proceedings be TO ELECTRONIC PAYMENTS. the third time, and passed, as follows: (a) IN GENERAL.—Section 6657 of the Inter- approved to date, the morning hour be S. 2917 nal Revenue Code of 1986 is amended— deemed expired, the time for the two Be it enacted by the Senate and House of Rep- (1) by striking ‘‘If any check or money leaders be reserved for their use later resentatives of the United States of America in order in payment of any amount’’ and insert- in the day, and the Senate proceed to a Congress assembled, ing ‘‘If any instrument in payment, by any period of morning business with Sen- SECTION 1. SHORT TITLE. commercially acceptable means, of any ators permitted to speak therein for up This Act may be cited as the ‘‘Small Busi- amount’’, and to 10 minutes each. ness Penalty Fairness Act of 2009’’. (2) by striking ‘‘such check’’ each place it The PRESIDING OFFICER. Without SEC. 2. LIMITATION ON PENALTY FOR FAILURE appears and inserting ‘‘such instrument’’. objection, it is so ordered. TO DISCLOSE REPORTABLE TRANS- (b) EFFECTIVE DATES.—The amendments ACTIONS BASED ON RESULTING TAX made by this section shall apply to instru- f BENEFITS. ments tendered after the date of the enact- PROGRAM (a) IN GENERAL.—Subsection (b) of section ment of this Act. 6707A of the Internal Revenue Code of 1986 is SEC. 5. APPLICATION OF LEVY TO PAYMENTS TO Mr. REID. Mr. President, the Senate amended to read as follows: FEDERAL VENDORS RELATING TO will not be in session tomorrow due to ‘‘(b) AMOUNT OF PENALTY.— PROPERTY. the winter storm that has battered our ‘‘(1) IN GENERAL.—Except as otherwise pro- (a) IN GENERAL.—Section 6331(h)(3) of the area again, the Washington, DC area. Internal Revenue Code of 1986 is amended by vided in this subsection, the amount of the Despite the storm, we are going to penalty under subsection (a) with respect to striking ‘‘goods or services’’ and inserting any reportable transaction shall be 75 per- ‘‘property, goods, or services’’. make progress on the JOBS bill. I had cent of the decrease in tax shown on the re- (b) EFFECTIVE DATE.—The amendment a good conversation earlier today with turn as a result of such transaction (or which made by this section shall apply to levies ap- the Republican leader, Senator GRASS- would have resulted from such transaction if proved after the date of the enactment of LEY, Senator BAUCUS, and others. We such transaction were respected for Federal this Act. will continue to work with everyone on tax purposes). f an agreement to move forward with ‘‘(2) MAXIMUM PENALTY.—The amount of REGARDING THE DEATH OF REP- this matter and Senators will resched- the penalty under subsection (a) with respect ule any votes. I doubt seriously there to any reportable transaction shall not ex- RESENTATIVE JOHN P. MURTHA, ceed— OF PENNSYLVANIA will be any votes this week. It appears, ‘‘(A) in the case of a listed transaction, from what I have been able to hear, Mr. REID. Mr. President, I ask unan- people now cannot get planes to get $200,000 ($100,000 in the case of a natural per- imous consent that the Senate proceed son), or here and they are having trouble get- to the consideration of S. Res. 413. ‘‘(B) in the case of any other reportable ting planes to get out of here, so it has The PRESIDING OFFICER. The transaction, $50,000 ($10,000 in the case of a made for a very difficult situation. We clerk will report the resolution by natural person). will keep them informed as to what our ‘‘(3) MINIMUM PENALTY.—The amount of the title. The legislative clerk read as follows: schedule will be Monday next. penalty under subsection (a) with respect to For the information of Democratic any transaction shall not be less than $10,000 A resolution (S. Res. 413) relative to the Senators, we are going to have a cau- ($5,000 in the case of a natural person).’’. death of Representative John P. Murtha, of (b) EFFECTIVE DATE.—The amendment Pennsylvania. cus on Thursday at 12:30, a very impor- tant caucus. We must do that. I want made by this section shall apply to penalties There being no objection, the Senate every member of the caucus to under- assessed after December 31, 2006. proceeded to consider the resolution. SEC. 3. REPORT ON TAX SHELTER PENALTIES Mr. REID. Mr. President, I had the stand the JOBS bill, why we are mov- AND CERTAIN OTHER ENFORCE- ing forward. My friends, Senator DUR- good fortune of serving with JOHN MUR- MENT ACTIONS. BIN and SCHUMER—I was engaged with THA in the House, as the Presiding Offi- (a) IN GENERAL.—The Commissioner of In- the Speaker and was not able to be on ternal Revenue, in consultation with the cer did. He was a brave man. He was Secretary of the Treasury, shall submit to the first to break away and was note- the floor during that vote. A number of the Committee on Ways and Means of the worthy in complaining about the Iraq Members have raised questions with House of Representatives and the Committee war. As a result of that, it brought a my leadership, including Senator MUR- on Finance of the Senate an annual report lot of attention to that issue. RAY. I want to make sure everyone un- on the penalties assessed by the Internal I ask unanimous consent that the derstands clearly what is going on. Revenue Service during the preceding year resolution be agreed to, the motion to We have had a difficult time, as ev- under each of the following provisions of the eryone knows, with the storms being Internal Revenue Code of 1986: reconsider be laid upon the table, and any statements relating to this matter such as they are. We were unable to (1) Section 6662A (relating to accuracy-re- have our caucus today, which would be printed in the RECORD with no inter- lated penalty on understatements with re- normally have given everyone the idea spect to reportable transactions). vening action. (2) Section 6700(a) (relating to promoting The PRESIDING OFFICER. Without of what was going on, so I tell all Sen- abusive tax shelters). objection, it is so ordered. ators, I hope you can be here on Thurs- (3) Section 6707 (relating to failure to fur- The resolution (S. Res. 413) was day. You certainly can’t leave if you nish information regarding reportable trans- agreed to, as follows: want to, the storms being such as they actions). S. RES. 413 are. We are going to have that caucus (4) Section 6707A (relating to failure to in- Resolved, That the Senate has heard with at 12:30 on Thursday. The DPC lunch- clude reportable transaction information eon will be put over until we get back, with return). profound sorrow and deep regret the an- nouncement of the death of the Honorable which is also extremely important. (5) Section 6708 (relating to failure to That is based on the retreat we had. maintain lists of advisees with respect to re- John P. Murtha, late a Representative from portable transactions). the Commonwealth of Pennsylvania. f Resolved, That the Secretary communicate (b) ADDITIONAL INFORMATION.—The report ADJOURNMENT UNTIL THURSDAY, required under subsection (a) shall also in- these resolutions to the House of Represent- clude information on the following with re- atives and transmit an enrolled copy thereof FEBRUARY 11, 2010 spect to each year: to the family of the deceased. Mr. REID. If there is no further busi- Resolved, That when the Senate adjourns or (1) Any action taken under section 330(b) of recesses today, it stand adjourned or re- ness to come before the Senate, I ask title 31, United States Code, with respect to cessed as a further mark of respect to the unanimous consent it adjourn under any reportable transaction (as defined in sec- memory of the deceased Representative. the previous order under the provisions tion 6707A(c) of the Internal Revenue Code of of S. Res. 413, as a further mark of re- 1986). f (2) Any extension of the time for assess- spect for the late Congressman JOHN ORDERS FOR THURSDAY, MURTHA. ment of tax enforced, or assessment of any FEBRUARY 11, 2010 amount under such an extension, under para- There being no objection, the Senate, graph (10) of section 6501(c) of the Internal Mr. REID. Mr. President, I ask unan- at 7:09 p.m., adjourned until Thursday, Revenue Code of 1986. imous consent that when the Senate February 11, 2010, at 2:30 p.m.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 9, 2010 CONGRESSIONAL RECORD — SENATE S543 CONFIRMATIONS DEPARTMENT OF STATE THE JUDICIARY Executive nominations confirmed by PHILIP S. GOLDBERG, OF THE DISTRICT OF COLUMBIA, JOSEPH A. GREENAWAY, JR., OF NEW JERSEY, TO BE TO BE AN ASSISTANT SECRETARY OF STATE (INTEL- UNITED STATES CIRCUIT JUDGE FOR THE THIRD CIR- the Senate, Tuesday, February 9, 2010: LIGENCE AND RESEARCH). CUIT. DEPARTMENT OF DEFENSE THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- CLIFFORD L. STANLEY, OF PENNSYLVANIA, TO BE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND CONSTITUTED COMMITTEE OF THE SENATE. READINESS.

VerDate Mar 15 2010 04:09 May 18, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S09FE0.REC S09FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE