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

Vol. 155 WASHINGTON, WEDNESDAY, OCTOBER 7, 2009 No. 144 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Senators take pride in the desks they called to order by the Honorable TOM PRESIDENT PRO TEMPORE, occupy. Senator Ted Kennedy surren- UDALL, a Senator from the State of Washington, DC, October 7, 2009. dered his rights as a senior member of New Mexico. To the Senate: the body at one time to move closer to Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby the front so he could share the same PRAYER appoint the Honorable TOM UDALL, a Senator desk in which his two brothers’ names The Chaplain, Dr. Barry C. Black, of- from the State of New Mexico, to perform are inscribed. fered the following prayer: the duties of the Chair. On the top of those desks, we still Let us pray. ROBERT C. BYRD, keep the same inkwell. Mine has paper Sovereign Lord of history, as good President pro tempore. clips in it now. But this is an inkwell. and faithful people serve and struggle Mr. UDALL of New Mexico thereupon It has been there since we moved to for the path of justice and peace, give assumed the chair as Acting President this Chamber and even before. Also, we have something from the them light for the way and strength for pro tempore. past. There is a spittoon. Most all Sen- the day. Defend them against any de- f ators chewed tobacco and did a lot of terrent to responsible statesmanship, RECOGNITION OF THE MAJORITY spitting. But we still have these here. I any compromise that sacrifices prin- LEADER use mine to throw a few pieces of ciple or violates conscience. wastepaper in it. But it is traditional. Lord, infuse them with a grace and The ACTING PRESIDENT pro tem- pore. The majority leader is recog- That is the Senate. wisdom that will measure personal There are other things that can be conviction in the light of truth and nized. referred to if Senator BYRD were here. courage. May each Senator act con- f He is an expert. In fact, he is the custo- sistent with enlightened conscience SCHEDULE dian of Senate traditions. He can add however costly to personal ambition. Mr. REID. Mr. President, following countless more examples. I could add a In disagreement, give our lawmakers few more, but Senator BYRD could add the wisdom to respect opposing views leader remarks, the Senate will be in a period of morning business for 1 hour, an endless list. and a willingness to be flexible when Last week, the Republican leader and with Senators allowed to speak for up the good of the people and the ripeness I spoke here about the Pledge of Alle- to 10 minutes each. The majority will of the issues become clear. Shine Your giance to our flag. When we first came control the first 30 minutes, and the hope into their lives to brighten the to the Senate—Senator MCCONNELL darkness of discouragement as You re- Republicans will control the second 30 and this Senator—there was no Pledge mind our Senators that their times are minutes. of Allegiance before we started our ses- in Your hands. Following morning business, the Sen- sions. We pray in Your holy Name. Amen. ate will resume consideration of the So today I will speak of one of our Commerce-Justice-Science appropria- f new traditions which we have observed tions bill. Senators will be notified daily for more than a decade and, PLEDGE OF ALLEGIANCE when votes are scheduled during to- again, just a few minutes ago when we The Honorable TOM UDALL led the day’s session. recited the pledge. It has not always Pledge of Allegiance, as follows: f been this way. The sentence itself, barely more than I pledge allegiance to the Flag of the SENATE TRADITION OF RECITING 30 words long, is not even 120 years old. United States of America, and to the Repub- THE PLEDGE OF ALLEGIANCE lic for which it stands, one nation under God, The pledge was born like many Amer- indivisible, with liberty and justice for all. Mr. REID. Mr. President, the Senate ican rituals, out of capitalism. It was f is nothing if not a temple to tradition. written by a children’s magazine try- We debate and we deliberate according ing to sell American flags on the 400th APPOINTMENT OF ACTING to the same rules where Daniel Web- anniversary of Columbus’s arrival in PRESIDENT PRO TEMPORE ster, Henry Clay, and John C. Calhoun the Americas. The PRESIDING OFFICER. The considered the future of this young Na- The magazine sought to sell flags to clerk will please read a communication tion. We vote without the help of mod- every school in the country, and a min- to the Senate from the President pro ern electronics, as the first Senators ister and author named Francis Bel- tempore (Mr. BYRD). did. We refer to each other in the third lamy penned the pledge to promote The legislative clerk read the fol- person during even the most heated unity among schoolchildren as the Na- lowing letter: discussions. tion reeled from the recent Civil War.

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

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VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10172 CONGRESSIONAL RECORD — SENATE October 7, 2009 Almost a half century later, at the wish to make this perfectly clear: We The truth is, the Democratic pro- end of World War II, Congress formerly are not proposing, here in the Senate, posal will help our seniors get the care recognized the pledge, but it was not to cut Medicare benefits or to do any- and coverage they need and have yet a Senate staple, not until 10 years thing to negatively affect the health of earned. This should come as no sur- ago, when a New Hampshire schoolgirl those who are receiving Medicare. prise to anyone. After all, Democrats wrote to Senator Bob Smith of New When you hear rumors about how re- have had a long history of working to Hampshire and asked why the Senate form will affect seniors, consider the improve the health and general well- did not recite the pledge every morn- source. Listen to some of the inflam- being of seniors. Democrats created ing. She noted the House of Represent- matory quotes. A Republican Member Medicare over the objections of Repub- atives recited it and her school did but of the House of Representatives said: licans because we recognized that no not the Senate. Francis Bellamy would ‘‘Let me tell you here and now, it is so- American should go without health have been proud. The line he wrote to cialized medicine.’’ care, especially once they reach retire- instill allegiance in schoolchildren ul- Another Republican Congressman ment age. timately became part of the Senate said: ‘‘We cannot stand idly by now as The American people know it has procedure at the behest of a student the Nation is urged to embark on an been Democrats who have been pro- from New Hampshire. ill-conceived adventure in government tecting Medicare for seniors since we We now recite the Pledge of Alle- medicine, the end of which no one can created the program 44 years ago. giance before any Senate business be- see, and from which the patient is cer- Nothing has changed. Today, it is still gins, and we are reminded of our com- tain to be the ultimate sufferer.’’ Democrats who are fighting for better, mon procedures and our shared loyalty, Those are not quotes about the cur- more affordable health care for every- despite our often opposing outlooks po- rent health insurance reform effort. one, especially our seniors. Specifi- litically. Those statements were made in 1965, cally, our plan moves toward closing The first day the pledge was recited when Republicans were opposing the that doughnut hole in prescription in public schools across the country establishment of Medicare. Their posi- drug coverage and provides access to was Columbus Day in 1892. So ahead of tion has not changed. Republicans have more affordable generic drugs. If you this Columbus Day, which will fall this voted against Medicare almost 60 times have Medicare, our plan makes rec- coming Monday, I take a brief moment in the last 10 years. Now, all of a sud- ommended preventative services such to remind my fellow Senators and all den, Republicans are claiming Demo- as colonoscopies and mammograms those who are watching and listening crats support cutting Medicare bene- free. to the Senate of one of our newest and fits. It will ensure that if you have Medi- proudest traditions, the salute to our That is why last Sunday the New care you get a free physical every year, flag. York Times said Republicans are: ‘‘Ob- not just when you enroll in the pro- scuring and twisting the facts and gram. Our plan will aggressively at- f spreading unwarranted fear.’’ Scoring tack the fraud and abuse that raises RESERVATION OF LEADER TIME cheap political points does not do any- Medicare costs for seniors and for all of The ACTING PRESIDENT pro tem- thing at all to help Americans get af- us as taxpayers. pore. Under the previous order, the fordable health insurance. Our fami- One thing that has been too often leadership time is reserved. lies, and especially our seniors, deserve missing from this discussion is what better. will happen to Medicare if there is no f You do not have to go back too far to reform. It is now projected that as MORNING BUSINESS find a perfect example of this Senate’s early as 2017, if we do not make history on that subject. Just last year, changes, the money Medicare spends on The ACTING PRESIDENT pro tem- Democrats overcame a Republican fili- benefits and services will be greater pore. Under the previous order, the buster and a veto by then-President than its income. At that point, seniors Senate will proceed to a period of Bush to pass the Medicare Improve- would have to pay a greater portion of morning business for up to 1 hour, with ments for Patients and Providers Act. their health care costs or receive fewer Senators permitted to speak therein That bill prevented physicians from Medicare benefits. That is unaccept- for up to 10 minutes each, with the suffering cuts in the rate at which able. time equally divided and controlled be- Medicare reimburses them for pro- Our current system is unsustainable. tween the two leaders or their des- viding care to seniors. That is one of the reasons the non- ignees, with the majority controlling If those cuts had happened, many partisan AARP supports reform this the first half and the Republicans con- doctors would have been forced to stop year. They know, like we do, that we trolling the final half. treating patients with Medicare, se- must protect Medicare for our seniors The Senator from Washington State verely limiting seniors’ access to over both the short term and the long is recognized. health care. Democrats wanted to term. Our plan will prevent cost in- f make sure there were enough doctors creases and overpayments to insurance to go around, and we did. companies in order to keep Medicare HEALTH CARE That bill also made commonsense out of the red. Now is the time to act Mrs. MURRAY. Mr. President, I have fixes to Medicare, including requiring on health care. Let me be clear. Under been troubled recently by some of the that Medicare cover cardiac and pul- the Republican plan, insurance compa- claims I have heard about health insur- monary rehabilitation programs, low- nies can dump you for preexisting con- ance reform legislation that we have ering seniors’ copayments for mental ditions because you are a woman, be- been working on in the Senate. When I health services, and preventing cuts to cause you are getting older, because spoke on the floor earlier this July, I vital oxygen equipment and wheel- you get sick, and Medicare will face said all you had to do was look at a chairs. bankruptcy. newspaper, turn on cable news to see That bill should not have been con- Under our plan, if you like what you that the rhetoric on health insurance troversial. It was vetoed by President have, you keep it. If you don’t we will reform was heating up. Bush. When the Senate had a chance to provide affordable choices for you. We Unfortunately, as is often the case, pass the bill over that veto, it was only are going to protect Medicare. We will the debate has not gotten any better, the Republicans, almost 60 percent of not raise taxes on the middle class, and but it certainly has gotten louder. I those in the Senate, who sided with we will not add a dime to the deficit. know there is a lot of concern out President Bush and said no to our sen- Every day 14,000 more Americans lose there, and there is a lot of bad informa- iors. their health insurance. That has to tion going around. Actions speak louder than words. So stop. This is not only about those who The latest outrageous claim about do not be fooled when Republicans tell don’t have coverage. The cost of treat- reform is it would hurt America’s sen- you Democrats do not want to protect ment for the uninsured is passed on to iors. I am here to tell our seniors and Medicare or that health insurance re- every taxpayer. It is estimated that a their families: That claim is false. I form will not be good for seniors. family of four pays a hidden tax of

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10173 $1,000 every year in premiums to help they don’t want what Democrats are perspective. A trillion dollars is an pay for those who don’t have coverage. pushing either: a trillion-dollar experi- enormous, almost unimaginable sum of We will help remove that burden from ment that cuts Medicare, raises taxes, money. But what will the cost of Amer- all working families. We will provide limits choices, and makes health care ica’s health care system be, for all of stability and choice to families and more expensive. Americans have ques- our health care, over the next 10 years? businesses. We will return health care tions. They are not getting the answers It will be $35 trillion. So $1 trillion in decisions back where they belong, in they deserve. reform over 10 years represents less the hands of patients and doctors, not I yield the floor. than 3 percent of the amount we are insurance company bureaucrats. Ru- The ACTING PRESIDENT pro tem- going to already be spending if we mors and misinformation and scare pore. The Senator from Illinois is rec- don’t change the health care system tactics about Medicare should not pre- ognized. and make it better. One trillion out of vent us from passing meaningful health Mr. DURBIN. Mr. President, will the thirty-five million dollars? In perspec- insurance reform legislation this year. minority leader yield for a question? tive, we understand that if we are I yield the floor. Mr. MCCONNELL. I say to my friend going to bring about real reform, we do f from Illinois, I have an appointment in have to invest in it. my office. I am happy to yield the Where will the trillion dollars go? RECOGNITION OF THE MINORITY floor. The trillion dollars will go to help busi- LEADER Mr. DURBIN. I was going to ask the nesses with tax breaks to pay for The ACTING PRESIDENT pro tem- minority leader for the Republican health insurance for their employees. pore. The Republican leader is recog- plan for health care reform. Unfortu- It will go to lower income working nized. nately, there is not a Republican plan families so they can afford to buy f for health care reform. What we have is health insurance. That is where the a litany of criticism, a litany of com- money will go. THE DEMOCRATIC PLAN plaint. That is what we have received Ultimately, do you know where it Mr. MCCONNELL. Mr. President, the during the course of this debate. goes? It means that more and more latest trillion-dollar, 1,000-page Demo- Senator MAX BAUCUS, chairman of Americans have health insurance cov- crat plan raises some questions—ques- the Finance Committee, took three of erage. Today, this day, and every day tions such as: What happens to Medi- the most likely Republicans—Senators in America, 14,000 people will lose care? GRASSLEY, ENZI, and SNOWE—sat with health insurance coverage. Imagine Tens of millions of American seniors them literally for months saying: Let’s waking up this morning, heading off to want to know. do this on a bipartisan basis. Mean- work and learning during the course of Here is what we can say for sure. while, the rest of us were a little frus- the day that you have lost your job. It The Democrat plan is a trillion-dol- trated, if not upset. We wanted to get is happening. But you are not only los- lar experiment that cuts Medicare, moving, get into the debate. Let’s get ing your job, you are losing your raises taxes, and threatens the health into this. It is a big issue. Health care health insurance. You go home at care choices that millions of Ameri- reform is important. But Senator BAU- night and say to your spouse: Bad cans now enjoy. CUS said: I have to try everything I can news. I just got the pink slip. I will be We know the Democrat plan will to make this a bipartisan effort. And laid off in 2 weeks. But even worse make massive cuts to Medicare—$500 he did. He spent months at it, day after news, our sick child with diabetes is no billion worth—to fund more govern- day after day. What does he have to longer going to have health insurance ment spending. show for it? In the end, two of the Re- coverage. We know Medicare Advantage bene- publican Senators walked out saying: That is the reality for 14,000 families fits will be slashed almost in half, caus- We are not interested. The other said: a day. When I hear the Republican ing many of the 11 million seniors en- I will wait and see. leader criticize our effort to expand rolled in it to lose benefits, such as So when they come to the floor crit- coverage of health insurance to the hearing aid coverage and dental care. ical of this debate on health care re- millions of Americans who are unpro- We know it contains nearly $120 bil- form, the obvious question I would ask tected, to slow down this cancellation lion in cuts to hospitals that care for the Republican leader is: What is your of health insurance for 14,000 Ameri- seniors, more than $40 billion from plan? The status quo? You want to con- cans a day, my obvious question to him home health agencies, and nearly $8 tinue health care as we have it in is: What is your alternative? What do billion from hospices. America today? Do you want to try to you want to do? The answer is, noth- And we know this: Medicare is al- defend what is happening to the cost of ing. Nothing except criticize. ready on the path to bankruptcy. Yet health care? There is nothing wrong with being instead of trying to fix it, the Demo- I was with a businessman from Chi- critical. That is what this Chamber is crat plan is to use it as a piggy bank to cago last week, a good, conscientious all about. Ideas are up for debate. Peo- pay for new government-run health businessman, a young man, a prin- ple will disagree. They will come up care programs. cipled man who has made money in his with their own point of view. That is Republicans have tried to protect life but understands that he owes at good. A good healthy debate is what Medicare throughout this debate. Our least the people around him and his our government is about, what our Na- amendments to do so were rejected in employees to give back. He said: Do tion is about, and what can generate in committee. We proposed an amend- you know what is going to happen to the end a solution to our problems. But ment to prevent cuts to skilled nursing health insurance premiums for my em- when I hear some of the things that facilities, long-term care hospitals, in- ployees? They go up 18 percent in 1 have just been said: a 1,000-page bill. patient rehabilitation, hospice care and year, 18 percent. He said: I don’t know Does that bring you up short? Can’t home health care. They rejected it. We if I can keep doing this. Guess what? breathe? Your heart skips a beat, 1,000 offered an amendment to strike cuts His situation is being repeated over pages? What if I told you this bill is ad- that wouldn’t improve Medicare. They and over again. Businesses across dressing our health care system which rejected it. We offered an amendment America are dropping health care cov- consumes $1 out of every $6 in the to eliminate an unaccountable com- erage for their employees because they American economy? One sixth of our mission that would have the power to can’t afford it. The cost is out of hand. gross domestic product deals with decide payments to Medicare providers. Did we hear one word from the Re- health care. Would it take 1,000 pages They rejected it. This isn’t reform, and publican leader about dealing with this to address this in a responsible way? I America’s seniors know it. cost escalation? No. The Republicans am surprised it didn’t take more. And Americans are demanding that their have no plan to deal with this. We are how are we going to measure a bill in voices are heard in this debate. They trying. It isn’t easy. This is one-sixth terms of its value? That bill is just too want their questions answered, par- of the economy. I love it when Sen- long. It is 1,000 pages long. I am sorry, ticularly when it comes to Medicare. ators come to the floor and call this a maybe God got it right with the Ten They don’t want the status quo. But $1 trillion experiment. Let’s put it in Commandments and their brevity, but

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10174 CONGRESSIONAL RECORD — SENATE October 7, 2009 for most of the rest of us, we struggle companies to provide the same benefits town of Springfield, IL, have said to to make sure we get it right. And to the government already provides. me: Senator, if you can create a plan make certain we get it right, we have People across America under Medi- that provides everybody health insur- to add some provisions to cover options care Advantage plans say: I kind of ance, and we don’t have to provide and contingencies. It is 1,000 pages? So like this. Well, it turns out that the charity care for people who come in what. If it were 100 pages or 2,000 pages, government is subsidizing more than without health insurance, that is going would that make it any worse or any Medicare. Who pays for the subsidy? to dramatically cut our costs. better? I don’t get it. Ultimately, the taxpayers but, in par- So can we save $120 billion in the hos- Let me also talk about Medicare. ticular, the Medicare system. The pitals across America over the next 10 Medicare was a creation in the 1960s of money is taken out of the Medicare years if more Americans have health President Lyndon Johnson and a system to provide a subsidy to health insurance? Yes, without compromising Democratic Congress, and by and large insurance companies that failed to the revenues for the hospitals or the it was opposed by the Republican prove they could do this more economi- quality of care. That is obvious. So Party. The Republican Party in some cally. when the Senator comes to the floor of their criticisms will sound familiar. This subsidy is something I think and says: They are going to take $120 They argued that Medicare was social- should end. I am prepared to phase it billion from hospitals, he does not tell ized medicine. Medicare was a govern- out in a reasonable way, but it should you the whole story. The rest of the ment health insurance plan and the end. The private health insurance com- story is: But if those 40 million Ameri- government was going to get it wrong. panies are being subsidized by our gov- cans have health insurance, and the In the end, they argued it would cost ernment to provide Medicare benefits hospitals are getting paid through the too much money, and it wouldn’t pro- which we can already provide at a health insurance, it is good for every- vide good health care. Turns out, after lower cost. They have come to the floor one. It is good for the people who are 45 years, we can say conclusively they criticizing this attempt to end the protected, it is good for the hospitals, were wrong. For the 40 million Ameri- sweetheart deal with these private and it is good for the rest of us who cans protected by Medicare, the results health insurance companies. have health insurance and indirectly have been spectacular. Make no mistake, the 800-pound go- subsidize the care of the uninsured. Look at one basic yardstick. Senior rilla in the room in this debate is the He talks about cuts—$40 billion—in citizens in America are living longer. private health insurance companies. home health care. I refer the Senator That is a good thing. Life expectancy They don’t want to see this change. to an article which I have quoted on rates are better for seniors today. Does I quote my friend Dale Bumpers, a the floor before. It is an article entitled it have anything to do with Medicare? former Senator from Arkansas, who ‘‘The Cost Conundrum,’’ written by a I think it does, because seniors have used to come to the floor and use this surgeon in Boston, MA, named Atul access to quality medical care. It gives figure of speech. He said: They hate Gawande, in the June 1 edition of The to those at age 65 the peace of mind of this like the devil hates holy water. New Yorker. Please read it. Most Sen- knowing that an accident that occurs They hate the idea of health care re- ators have. The President has. Most this afternoon or a diagnosis that oc- form, health insurance companies do, Members of the House have read it. It curs tomorrow morning won’t wipe out because they are extremely profitable, talks about McAllen, TX, where the their life savings. If you are not lucky when many other companies in Amer- cost of treating Medicare patients is enough to have good health insurance ica are failing. They do not want to one of the highest numbers in the Na- at age 65, Medicare is there to protect rock the boat with anything like a not- tion: $15,000 a year. you, your health, and your life savings for-profit health insurance plan that Why? What about McAllen, TX, in the process. Those who called it so- gives consumers a choice to leave pri- makes it so expensive? It turns out it cialized medicine, as they are calling vate health insurance, if they person- is so expensive because, unfortunately, health care reform now, mainly came ally choose. They do not want that to many of the providers there are heap- from the other side of the aisle. That is happen. ing on the procedures and heaping on why when I hear them saying they are They certainly do not want to end the costs because they take a profit going to defend Medicare today, I am this $170 billion subsidy of private from it. It does not have anything to glad they have converted to our side. It health insurance companies under the do with the older folks in McAllen, TX, is a late-in-life conversion, but some of Medicare Advantage Program. They do being sicker or needing special care. It those work too. not want us to tell them they have to is overutilization, overuse of the sys- Then listen to how they explain it. change their ways and their practices, tem, and one of the areas is home The Senator from Kentucky slipped up that they can no longer cut off people health care. and used the term Medicare Advantage. from coverage just because of a pre- Read this article about what is hap- That is what this is all about. Let me existing condition, which they dream pening with much of—at least in that explain what Medicare Advantage is. up or find buried in some application of area of the country—home health care Private health companies came to Re- 10 years ago. services. There is collusion between publicans years ago and said: The gov- We do not want them to be able to doctors and these home health care ernment has it all wrong in Medicare. walk away from you when you need agencies. It is nothing short of an They are not handling it well. They are them, when somebody in your family is abuse of Medicare. It does not provide not administering it well. It costs too sick and needs care. We want them to quality care. It just takes more money much money. Let us show you that if be able to treat people fairly. We have out of the system for care that is dupli- we use the private sector health insur- to end this battle between doctors and cative or unnecessary. ance companies, we can provide Medi- insurance company clerks as to wheth- How is that good for America? How care benefits at a lower cost than the er you are going to be hospitalized or can we defend that? Can we do better government and do a better job. receive a procedure. there? Yes. Can we do better to the They were given a chance to do it. These are things that go on every tune of $40 billion over 10 years? I They did it under the title Medicare day. The health insurance companies think so. To argue this is somehow in- Advantage, private health insurance hate these reforms that are part of this sidious and wrong is to ignore the obvi- companies competing with the govern- bill. The critics of the bill will not ous. We can find savings within the ment to provide Medicare benefits to come to the floor and say this. They system that do not compromise qual- prove they could do better and more will talk about eviscerating Medicare. ity. cheaply. Some did, but most did not. Earlier, the Senator from Kentucky Let me also say this. This notion At the end of this experiment, we find said we were going to cut $120 billion that Medicare is, as the Senator said, it is going to cost 14 percent more for from hospitals. Do you know what? We our piggy bank that we are going to the private health insurance companies spend more money on health care in use to pay for health care reform is to provide the same benefits the gov- America by a factor of two than any just plain wrong. We know we can save ernment is already providing. What it other country on Earth. Hospital ad- money through eliminating the subsidy means is, we are subsidizing insurance ministrators, such as in my own home- to Medicare Advantage, phasing it out,

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10175 reducing it. But we also know we have ever faced. I hope my friends on the Re- new program, at a time when the trust- a solemn obligation to those seniors on publican side of the aisle will do more ees of the Medicare Program have told Medicare. They paid into it all their than criticize. I hope they will join us us Medicare is going to go broke be- lives. They are counting on it. And in an effort to make a difference. tween 2015 and 2017. We are going to they are counting on us. Mr. President, I yield the floor. raise your taxes. The Democratic Party has been there The ACTING PRESIDENT pro tem- That is what the bill coming toward for Medicare from its creation. We are pore. The Senator from Tennessee is us would be. We are going to make it not going to let seniors down. We are recognized. hard for your States to support col- going to provide for them the basic f leges and education or raise your State care promised, and we hope more. I taxes because we are sending the bill to HEALTH CARE REFORM think, with a modest effort, we could them for a large Medicaid expansion. close the doughnut hole in the pre- Mr. ALEXANDER. Mr. President, it For millions of Americans, we are scription drug program under Medi- is always a privilege to hear the assist- going to increase your premiums. We care, and we should. That was some- ant Democratic leader, who is one of are going to make it more expensive thing that never made any sense and the most skillful orators in the Senate. for you to buy the same kind of policy creates a real disadvantage for seniors In this case, he needs to be because he you already have because the govern- on limited income. I think we should is put in the awkward position of hav- ment is going to tell you exactly what close that. I also think preventive care ing to defend, as I heard him, 1,000-page kind of policy you should have. We are for seniors makes sense—regular phys- bills and Medicare cuts, which is an going to increase your Federal debt be- ical checkups, things that can enhance awkward place for the assistant Demo- cause the plan, as we hear about it, their lives and let them live independ- cratic leader to be. does not have any provision for paying doctors serving Medicare more over the ently as long as they want to and can, As far as the Republican plan, he has next 10 years—which we always do—so with our help. heard our plan many times. We want to I will tell you, this debate will con- reduce costs. Instead of 1,000-page bills that is another $285 billion on your debt, just if we pay doctors 10 years tinue. Now it gets into the part where and changing the whole system and from now what we pay them today for the bill comes to the floor within the adding to the debt and cutting Medi- the government-run programs. We are next week or so. We will entertain care and raising premiums for millions going to spend another $1 trillion. And, amendments from both sides. I hope, of Americans, we would like to say our goal is to reduce costs—costs to you yes, it is a 1,000-page bill. from the other side of the aisle, we So we what we are saying is, we have have more than criticism. If they when you buy your health insurance and the cost of your government. We had before this Senate for a long time would step up and say: Here is our plan, a number of proposals we could use to would like to go step by step in the it would be a much better debate. But reduce your cost when you buy health right direction, which we say is reduc- so far they have not. They have decided insurance and reduce the cost of your ing costs and re-earning the trust of to step to the sidelines and be critical Federal Government, which is going the American people, and then we can of the game that is being played. That broke because of health care expenses, take some more steps. We have offered is their right to do under this demo- but they are not being seriously con- a number of proposals to do that, none cratic form of government, but it is a sidered. So we are saying, at least if of which have been seriously consid- question of credibility. you are going to come up with these ered. If they are defending the status quo, 1,000-page bills to change our entire For example, small businesses should if they want to continue with what we system, we want to read it and we want be able to pool their resources the way have in America, if they want to ignore to know what it costs. Even the Presi- big businesses can. If they could, they the escalation in the cost of health dent has said we cannot add one dime could afford to offer insurance—it has care for businesses and individuals, to the deficit. How can we know we are families and governments, if they want been estimated by the Congressional not adding one dime to the deficit if we to ignore the fact that 40 million Budget Office—to millions more Amer- cannot read the bill and we do not Americans do not have health insur- icans. We should make a serious effort know what it costs? ance, that 14,000 will lose their health to eliminate junk lawsuits against doc- Senator BUNNING of Kentucky insurance today, if they want to ignore tors, which everyone agrees adds costs brought up that in the Finance Com- the reality of all these people without to the insurance premiums we buy and mittee the other day, and the Demo- insurance and the abuses heaped on to the cost of health care. crats voted it down. They said you can- them by health insurance companies We could allow Americans to pur- not even put the bill up for 72 hours— for those who have insurance, then, chase insurance across State lines. We this 1,000-page bill—so we can find out frankly, that is not a constructive po- could create health insurance ex- if it cuts your Medicare, if it raises sition in this debate. changes so if you are buying an indi- your taxes, if it bankrupts your State, We need to work together. We have vidual policy, you could buy that more if it increases your premium, if it in- tried to work together. We have invited easily. We can go across party lines to creases the Federal debt. We cannot the Republicans to come join us in this encourage the use of more technology. even find that out. They said: No, not effort. But, unfortunately, they have Almost all Republicans and I imagine even 72 hours. taken the side of the insurance compa- some Democrats would like to change Well, some Democratic Senators nies. They have taken the side of the the incentives behind health spending, have taken a look at that and said—the status quo. They have not joined us. so we take the money we are using to Democrats who voted that down; and I do not want to put people’s insur- subsidize health insurance now and every vote against the 72-hour provi- ance at risk by allowing insurance spread it more equitably among all the sion was a Democratic vote—they said: companies to continue to drop insur- people and allow them to buy more of We do not agree with that. Eight ance when people need it the most. I do their own insurance. Democrats have written Senator REID, not think we should be in a position Those are five or six steps we could and they said: The legislative text and where we allow this to continue. take in the direction of cutting costs. the complete Congressional Budget Of- I hope, as part of health care reform, Instead, what we are presented with is, fice scores of the health care legisla- we can make a significant effort to yes, another 1,000-page bill. We have tion, as amended, should be made change this, to bring real change to some questions about the bill because available to the public for 72 hours America. I am glad President Obama is it appears—we know it will cut your prior to the vote on the final passage of leading us that way. I think together Medicare, and I want to go back to the bill in the Senate. Further, the leg- we can reach that goal. I know a lot of that in a moment—half the bill will be islative text of all amendments filed people are confused across this country paid for by Medicare cuts. Forty mil- and offered for debate should be posted trying to understand exactly what is lion seniors depend on Medicare. Are on a public Web site prior to beginning going on in this debate. But a lot of we going to cut grandma’s Medicare? debate on the amendment on the Sen- people in good faith are trying to solve We are not even going to spend it on ate floor. The conference report ought one of the biggest problems we have grandma. We are going to spend it on a to be as well.

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I will be glad to spend some mittee bill—which is not a bill now; it why we are cutting Medicare by $1⁄2 time on the floor with the assistant is just concepts—goes into Majority trillion—that is the first question—and Democratic leader and talk with him Leader REID’s office, and he puts it to- the second question is, Why are we about the Republican proposals to take gether with the HELP Committee bill, spending that money on something else us step by step toward reducing health which will be turned into legislative when it ought to be spent on making care costs, first for you and your pre- text, we would like for that to be on Medicare stronger? The bill has $1⁄2 tril- miums and next for your government, the Internet for 72 hours so we in the lion in savings from Medicare. At least and why we are skeptical of this 1,000- Senate and our staffs and the American they could take that money and use it page bill. But we at least want to know people can read it. toward the money we pay to physi- what it costs. We at least want to know Second, we want to make sure the cians. I mentioned it a little earlier, why it is cutting Medicare by half-tril- Congressional Budget Office has a but every year physicians say: The gov- lion-dollar, and if it is being cut, why chance to read the entire bill so some ernment-run program of Medicare only is grandma’s Medicare cut being spent staff member does not change it in the pays us 80 percent of what private in- on some new program. We would like middle of the night, as they apparently surance plans pay us, and you are to know how much does it raise your did with the HELP Committee bill, and about to cut that. So we almost al- taxes. We would like to be able to tell we can know exactly how much each of ways, on a bipartisan basis, put it back you what it is going to do to your the provisions cost, and then we can up. That is not in the bill. We don’t State’s education system and to your start voting, then we can offer our even include that. We don’t take that State taxes. We would like to be able into account. So that is going to add to amendments. As the Republican leader to tell millions of Americans: Will this was saying today, some of our amend- the debt. Then there are other questions we really raise your premiums instead of ments are going to have to do with have in addition to the Medicare cuts. lowering them and will it really in- Medicare, the program that 40 million What about the elegantly called ‘‘doc crease your Federal debt? seniors depend on. So we are grateful eight Democratic fix’’ that will add to the debt? It is the Let’s be clear about this. Some Medicaid Program. To some people, Senators have joined us in saying to things are facts. Half the bill is going that may get a little confusing. Medi- the majority leader: Let’s make sure to be paid for by Medicare cuts. Half care is for seniors. Medicaid is the pro- this bill is finally a bill that will give the bill is going to be paid for by Medi- gram that usually has a different name us all the language before us, that it is care cuts. You can call them anything in most States. It is a program that on the Internet for 72 hours, and that you want to, but they are Medicare started years ago, and the Federal Gov- we know exactly what the provisions cuts. cost—all of that before we have our The second thing about it is, it may ernment pays 40, 45 percent of it and the States pay the rest. It has been first vote. be grandma’s Medicare we are cutting, going straight to the Moon. According I thank the President, and I yield the but we are going to spend it on some- to the New York Times, costs are ris- floor. body other than grandma. We are going The ACTING PRESIDENT pro tem- ing in Medicaid this year at record to take that money out of the Medicare pore. The Senator from Texas is recog- rates—7.9 percent. Program, which is a $38 trillion un- I know as a former Governor, here is nized. Mr. CORNYN. Mr. President, I wish funded liability and which the trustees what really happens. You sit there say is going to go broke in 2017 and making up your budgets, and you do to thank my colleague from Tennessee which 40 million Americans depend on, the part for prisons and you do the part for speaking so eloquently and raising and we are going to take those savings for kindergarten through the 12th the issues that are on the minds not and we are not going to spend it to grade and the part for highways and just of Senators who are going to have make Medicare stronger; we are going the part for State parks, and then the to vote on this legislation but our con- to spend grandma’s Medicare benefits rest of the money is usually split be- stituents all across America—people on somebody else. We are going to cut tween higher education and Medicaid. who will be directly affected by what her benefits and spend it on you. Does Guess what is happening. Medicaid we do here on health care reform. that make sense? We don’t think so. goes up and higher education doesn’t Yesterday, I came to the floor and I We don’t think so. We don’t think we get the money. Then what happens? asked the question: Will we have a should be paying for this new $1 tril- College tuition goes up because col- transparent debate? This morning, lion bill by writing a check, as the Sen- leges such as the University of Ten- when I got up and checked my e-mail, ator from Kansas has said, on an over- nessee and Texas and New Mexico and I was delighted to see that eight Demo- drawn bank account and buying a new Colorado are underfunded today pri- cratic Senators have written to the car, which is what that turns out to be. marily because of increasing Medicaid majority leader, Senator REID, and said The Republican leader talked about costs. they wanted to have bill language post- what the cuts are to Medicare Advan- What this bill does is dump a lot ed on the Internet and a score or cost tage: $140 million. One-fourth of seniors more low-income Americans into that by the Congressional Budget Office at on Medicare have Medicare Advantage Medicaid Program and send a lot of the least 72 hours before we are required to accounts. Cuts include $150 billion for bill to the States. The Governor of vote on the bill. That is exactly what hospitals that care for seniors; $40 bil- Tennessee, a Democrat, said in the we had requested in the Finance Com- lion, home health agencies; $8 billion, morning paper that it is going to cost mittee, which we lost strictly on a hospices—all from Medicare to be spent us $735 million at least—maybe over $1 party-line vote, an amendment that on something else. billion—over the next 5 years. Ten- would have made that part of the bill. The President said people who are nessee can’t afford that. Tennessee is a So I consider that progress. I am de- currently signed up for Medicare Ad- conservative, well-managed State. lighted that these eight Democratic vantage are going to have Medicare at Governor Schwarzenegger has said that Senators have asked the majority lead- the same level of benefits. Well, we in California it could be up to $8 bil- er for that. I think that is a minimum want to read the bill and know what it lion. California is already nearly bank- we should expect in terms of trans- costs because that is not what the Con- rupt. The Democratic Governor of parency. gressional Budget Office Director said. Michigan has said he doesn’t see how Today, I have a new question, and He testified that seniors under Medi- they can pay for this. The Governors of that is whether seniors will get to keep care Advantage would have benefits every State have said to us: Mr. Sen- the Medicare benefits they currently that disappear under the bill that is ator, Mr. Congressman, if you want to have. Will seniors be able to keep the coming out of the Finance Committee. expand Medicaid, if you want to expand Medicare benefits they currently have? He said those changes would reduce Medicaid, pay for it; pay for it in Wash- The President has made this a con- extra benefits such as dental, vision, ington, don’t send it to us. sistent theme, that if you like what and hearing coverage that currently So we are looking forward to reading you have, you are going to be able to are made available to beneficiaries. this bill. We are looking forward to keep it. He said in August that if you

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10177 like your health care plan, you can nance Committee bill today and to pass I believe we need health reform in keep your health care plan. It seems it, it would violate the President’s this country and health insurance re- pretty straightforward and unambig- promise, that the 11 million people on form in this country. I would love to uous. Medicare Advantage would not see a see us embark on a set of time-tested, Last month, he was more specific cut in their benefits. budget-neutral principles. I absolutely about one part of Medicare. He said: There are various numbers floating believe we ought to address the issue of People currently signed up for Medicare around. That is why we need what Sen- preexisting conditions. I absolutely be- Advantage are going to have Medicare and ator ALEXANDER said: the numbers lieve we ought to look at exchanges the same level of benefits . . . These folks from the Congressional Budget Office. where citizens all across this country will be able to get Medicare just as good and But the Finance Committee proposal have access to the same kinds of provide the same benefits. cuts nearly $113 billion from the Medi- choices I have as a Senator. I hope we Some of these programs get a little care Advantage Program. Common will address the issue of cross-state confusing, but let me explain that sense tells us you can’t do that without competition where people in States are Medicare Advantage is a private sector having a negative impact on Medicare not just stuck with the choices that competitor to Medicare fee-for-service, Advantage for those 11 million seniors, exist because of the monopolies that where you just—it basically provides 500,000 of them in Texas, as I said. occur within their State boundaries. So The Congressional Budget Office people with an array of coverages, and I would love to see some cross-state agrees with that sort of intuitive or I think Senator ALEXANDER mentioned competition. commonsense conclusion. They esti- vision and dental care and prescription I absolutely believe we ought to have mate that the Finance Committee bill drug coverage and the like. Tax Code changes. I think we ought to will cut benefits by more than half to I believe allowing seniors to keep the limit the amount of tax-free benefits Medicare Advantage seniors. During benefits they currently have under individuals can receive from their em- Medicare Advantage—and there are the Finance Committee markup, the Congressional Budget Office Director, ployers. I will just throw out a number. some 11 million of them—is a goal Re- If that number was established at publicans share with the President. So Dr. Doug Elmendorf, told us that ap- proximately half of the Medicare Ad- $17,000, for instance, about $450 billion if the President is sincere when he says would be generated over a 10-year pe- that Medicare—and particularly Medi- vantage benefits will be cut for those seniors enrolled in Medicare Advan- riod that could be used as a voucher or care Advantage—beneficiaries can keep refundable tax credit to enable 15 to 20 what they have, we would like to help tage. So just as yesterday when my ques- million Americans to be able to access him keep that promise. Medicare Ad- tion was, will this debate be trans- private, affordable, quality insurance. vantage is working for about 11 million parent, my question for today is, will I think we ought to address tort re- seniors to give them a choice with seniors get to keep the Medicare bene- form. We know there is so much in the their health benefits, and half a mil- fits they currently have? I think that way of medical procedures that are lion of those are in Texas. Half a mil- should be a focus. I know it will be a done, in essence, for defensive medicine lion Medicare Advantage beneficiaries focus for the 11 million who are on so that they are not sued or the vic- are in Texas. Medicare Advantage. But for all sen- tims of junk lawsuits. As we have heard, Medicare fee-for- iors who are seeing a proposed cut of I am one of those people who abso- service, which is the government-run $1⁄2 trillion in Medicare in order to pay lutely believes it is time in this coun- plan, pays doctors about 20 percent less for a new government program while try that we had certain health reforms than employer-sponsored insurance for Medicare itself is on the brink of bank- and health insurance reform. I think reimbursements for services. That is ruptcy and has tens of trillions of dol- now is the time to debate and put into why in my State, about 42 percent of lars of unfunded liabilities, this is a place those sensible, time-tested re- doctors will not see a new Medicare pa- question a lot of my constituents in forms. My guess is, if we sat down in a tient under a fee-for-service arrange- Texas and a lot of seniors across the bipartisan way, which I know is not oc- ment, because the fees are so low that country are asking: Will seniors get to curring at this moment, we could go 50 the doctors can’t provide the service at keep the Medicare benefits they cur- yards down the field in a way to create that price and still stay in business. So rently have? That is what the Presi- access for Americans in our country what happens is that 89 percent of sen- dent promised. We need to make sure that all of us want to see and, again, do iors have supplemental coverage. My this bill keeps that promise. so in a way that doesn’t push off costs mother, who passed away this last In the coming days, I will come back into future generations. spring, bought supplemental coverage to the floor and ask more questions I have serious problems with what is to try to make up for the difference about these extraordinarily complex being discussed in the Finance Com- where Medicare fee-for-service left that proposals we have seen, including the mittee today as far as how we are gap. Of course, many low-income bills that have come out of the HELP going to pay for the many reforms that Americans depend on Medicare Advan- Committee, the Finance Committee, go beyond what I just discussed. In tage as their supplemental coverage. and out of the House of Representa- many cases, it is very unnecessary. Let Some have claimed that Medicare tives, because I think we need to break me go over a couple of those. Advantage provides extra payments, it down into smaller pieces and ask No. 1, I think most people are aware and they want to cut Medicare Advan- these discrete questions so the Amer- by now that the Senate Finance Com- tage because they say it will reduce in- ican people can judge for themselves mittee mark is basically causing surance company profits and not harm whether these bills do what the Presi- States to have an unfunded liability. coverage. But under Federal law, that dent has promised. The Governor of our State, who is on is simply not the case. Under Federal Mr. President, I yield the floor. the other side of the aisle, just sent me law, the fact is that 75 percent of those The ACTING PRESIDENT pro tem- a letter yesterday and told me he ex- payments to Medicare Advantage over pore. The Senator from Tennessee is pects the revenues in the State of Ten- and above what Medicare fee-for-serv- recognized. nessee to be at 2008 levels in the year Mr. CORKER. Mr. President, do I ice pays go directly to better benefits 2013. In other words, there has been a have 10 minutes allocated? for seniors, under current law. That is The ACTING PRESIDENT pro tem- tremendous decrease in revenues for why we hear they get vision coverage, pore. There is 9 minutes remaining. State government. Yet per the mark dental coverage, prescription drug cov- Mr. CORKER. It sounds as if I have 9 before the Finance Committee today, erage; they get better benefits because minutes. they are pushing off on the citizens of we as a Congress say 75 percent of The ACTING PRESIDENT pro tem- our State a $735 million unfunded li- those so-called extra payments go to pore. That is correct. ability. That doesn’t sound like a lot of provide better benefits. Unfortunately, Mr. CORKER. Thank you, Mr. Presi- money in Washington, but I can assure the Finance Committee bill will take dent. you it is a lot of money for the State of those benefits away from seniors en- I also rise today to speak about the Tennessee. As you can imagine, as the rolled in Medicare Advantage. In other debate before the Congress right now, years go out that number increases tre- words, if we were to call up this Fi- which is health care reform. mendously.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10178 CONGRESSIONAL RECORD — SENATE October 7, 2009 It is my belief there are States all all know physicians and providers who today—we are throwing future genera- across this country that are going to be serve seniors today, to make the same tions under the bus to score a political coming to us asking why we are push- money in 10 years they are making victory that we all know is not paid ing off an issue to the State. I think today, would cost $285 billion. Instead for—the wrath of the American people that is incredibly irresponsible. I think of dealing with that issue, the can is is going to come upon us, and it should. we need to ensure that does not occur. being kicked down the road, and we are I have to tell you, an issue I have an not dealing with that. Mr. President, I have a letter from even greater problem with is the fact I think the American people re- our Governor. I ask unanimous consent that we all know we have a $40 trillion spect—and I respect—the people who to have this letter printed in the unfunded liability as it relates to Medi- came before us who are called the RECORD. It talks about the costs this care. Two or three years ago, there was ‘‘greatest generation.’’ Sometimes they program will put on the State of Ten- a broad consensus, on a bipartisan are called the ‘‘greatest generation’’ nessee. basis, that we needed to address the because of their sacrifices and their unfunded liability that threatens our military efforts overseas. Sometimes it There being no objection, the mate- country under the entitlement pro- is because they saved and made the rial was ordered to be printed in the grams—mostly Medicare, which is $40 tough choices that have helped make RECORD, as follows: trillion. This bill takes $400 billion to this country great. But I believe if this STATE OF TENNESSEE, $500 billion from Medicare and uses it Congress acts to take money from Nashville, TN, October 5, 2009. to create a whole new entitlement. In- Medicare, which is insolvent, and Hon. BOB CORKER, stead of doing those things that would doesn’t use those cost savings to make U.S. Senate, strengthen Medicare, which the trust- Medicare more solvent, we will be con- Washington, DC. ees have said is going to be insolvent in tributing to the fact—and there is no Hon. BART GORDON, 2017—instead of doing that, which is doubt in my mind that the political House of Representatives, the responsible thing for us to focus on leadership that exists today in this Washington, DC. today, this Finance Committee mark country is undoubtedly the most self- DEAR BOB AND BART: The following infor- would take money from a program that ish that this country has ever seen. We mation is in response to my telephone con- is insolvent and use it to leverage a are witnessing that today. We are a versation with Bob last week, and represents new entitlement program. I think that part of that today. our best snapshot of where we are as of Sun- is the most irresponsible, shortsighted It is my belief if we continue to day evening the 4th. I hardly need to tell you thing this Congress can do. throw future generations under the that these numbers represent a difficult In addition to that, it doesn’t even bus, which is what we are doing with problem for our state. deal with the issue of the doc fix. We legislation like is being proposed PROJECTED TENNESSEE NET NEW COSTS OF SENATE FINANCE REFORM 2014–2019 [$ millions]

Best estimate Optimistic Pessimistic

New Medicaid Members: Newly Eligible Members ...... $175 434 175 Already Eligible Not Enrolled ...... 911 488 1,361 Total New Membership ...... 1,086 922 1,537 Cost Savings Offsets: Elimination of Optional Groups >133% ...... (78) (78 ) (78 ) Additional Drug Rebates (net) ...... (191) (191) (191) TN-CoverTN Elimination ...... (91) (91) (91) TN-Access TN Savings ...... (31) (31 ) (31 ) TN-CoverRx Savings ...... (6 ) (6 ) (6 ) (397) (397) (397) Additional Costs: Mandated Pharmacy Extensions ...... 30 30 30 Presumptive Eligibility Net Costs ...... 16 16 16 46 46 46

Total State Costs of Reform ...... 735 571 1,186

We’ve maintained good lists of assump- limited pharmacy benefit than this for Med- at 85% of Medicare (the national average is tions and sources behind each of these num- icaid and I can’t imagine that there won’t be 72%), but separately from reform have budg- bers, and if you or your staff would like to pressure to extend the Exchange mandated eted to reduce these to the equivalent of 79% review them, we’ll certainly make them benefit to Medicaid as well. It would cost the of Medicare in the next fiscal year as the available to you. state about a billion dollars over the period stimulus money runs out. The cost of in- The ‘‘Best Estimate’’ column is neutral to to do this, and of course there are many sub- possibly slightly optimistic; the line for areas of restrictions and controls such as creasing provider payments from 79% to ‘‘Elimination of ‘Optional’ Groups’’ in par- mandates in the areas of preferred drug lists, 100% of Medicare it $2.1 billion over the 51⁄2 ticular will be difficult, although it has been prior authorization criteria, quantity limits, year period being considered. (Furthermore, made clear to us that we are expected to do or additional drug rebate limitations (all of in several states where provider payments so. Some of these cuts would be unpleasant which are present in Part D) that would have been recently reduced in response to (e.g. complete transfer to the Exchange of drive costs up substantially as well. budget needs, providers have filed suit in fed- women with breast or cervical cancer, or in- The fear is that new requirements here eral court seeking to prevent them, and in at would not occur as a single action to be teed- stitutionalized patients) and will require the least two states (California and Washington) specific approval of CMS, which has histori- up and discussed in the Congress, but quietly have been successful. If this were to happen cally been difficult. I want to acknowledge and state-by-state in the ongoing process of in Tennessee it would represent a further im- that the White House, and Nancy Ann renewing waivers, approving state plans, and DeParle in particular, have been very helpful the like. It is right now the stated intention mediate unbudgeted cost of approximately in facilitating our getting the best informa- of Senate Finance to leave the Medicaid $113 million annually, or an additional $1.2- tion available. pharmacy benefit design alone; it would be of 1.4 billion over the ten year period.) I would also point out two areas that are enormous relief to us to get that clearly Bob and Bart, the problem that we’re fac- potential problems that are not incorporated written into the law. ing is simple: by 2013, we expect to have re- in the table: 2.– Provider Payment Rates ($2.1 billion expo- 1. Broader Pharmacy Benefits ($1.07 billion sure). Our analysis is based on an assumption turned to our 2008 levels of revenue and will exposure). The Baucus bill contains a provi- that we will not be required as either a mat- have already cut programs dramatically— sion that Exchange plans are required to ter of law or practicality to increase pro- over a billion dollars. At that point, we have have no lifetime or annual limits on ‘‘any vider rates to maintain an adequate provider to start digging out—we will have not given benefits’’ and that the pharmacy benefit de- network with the influx of new patients (and raises to state employees or teachers for five sign be at least as good as Medicare Part D. in the environment of federal cuts to Medi- years, our pension plans will need shoring We have (as do many states) a much more care rates). We currently pay on the average

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VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Insert offset folio 54/B here ES07OC09.001 October 7, 2009 CONGRESSIONAL RECORD — SENATE S10181 Mr. CORKER. Mr. President, I sug- The purpose of the CJS bill is to fund education in science and technology, gest the absence of a quorum. the Department of Commerce and its keeping America No. 1 in science and The PRESIDING OFFICER (Mr. BEN- bureaus and administration. Many peo- also No. 1 in the space exploration pro- NET). The clerk will call the roll. ple do not know what the Department gram. The assistant bill clerk proceeded to of Commerce truly does. It is an array We want to create jobs in America call the roll. of complex agencies that is important that will stay in America. However, Ms. MIKULSKI. Mr. President, I ask to our economy: The Bureau of Indus- we, too, are fiscal stewards of the pub- unanimous consent that the order for try and Security gives licenses for ex- lic purse and, therefore, accountability the quorum call be rescinded. ports; the Economic Development Ad- has been a hallmark of our bipartisan The PRESIDING OFFICER. Without ministration creates economic growth relationship. We do stand sentry objection, it is so ordered. in our communities, particularly against waste, fraud, and abuse with f midsized to small towns; the Census strong fiscal accountability and stew- Bureau, preparing now, somewhat un- ardship of hard-earned taxpayers’ dol- CONCLUSION OF MORNING evenly, for the 2010 census; the Patent lars. BUSINESS and Trade Office which protects our in- I wish to take a few minutes to talk The PRESIDING OFFICER. Morning tellectual property; along with the about keeping America safe. The CJS business is closed. International Trade Administration bill provides $27.4 billion for the Jus- f which enforces our trade laws. tice Department. We actually went above the President’s request by $300 COMMERCE, JUSTICE, SCIENCE, We are particularly proud of the Commerce Department, of the National million because we wanted to make an AND RELATED AGENCIES APPRO- extra effort to protect our homeland PRIATIONS ACT, 2010 Institutes for Standards and Tech- nology. It sets the standards for tech- and protect our hometowns. The PRESIDING OFFICER. Under nology which allows our country and This bill is one of the most important the previous order, the Senate will re- our companies to be able to compete in sources of Federal funds for State and sume consideration of H.R. 2847, which the global marketplace. local law enforcement, for our front- the clerk will report. This subcommittee also funds the De- line men and women of our State and The assistant bill clerk read as fol- partment of Justice which keeps us local police forces. It is the cops on the lows: safe from violent crime and terrorism. beat who protect our families and at A bill (H.R. 2847) making appropriations It prosecutes criminals of all kind— the same time they are asked to do for the Departments of Commerce and Jus- white collar, blue collar or no collar. It more. We are providing $3.2 billion to sup- tice, and Science, and Related Agencies for also has a vigorous approach to the port that thin blue line to make sure the fiscal year ending September 30, 2010, and despicable practice of being a sexual for other purposes. the police are safe with equipment they predator. need, such as bulletproof vests and also Ms. MIKULSKI. Mr. President, I am This subcommittee through the De- new technologies. very pleased to be joined today by my partment of Justice funds our State distinguished colleague from Alabama, ‘‘CSI’’ is not only a great TV show, and local police departments which are but we think CSI should be funded in Senator RICHARD SHELBY. We wish to so important as well from not only the present the Commerce-Justice appro- the Federal budget to use the best of enforcement end but the prosecution science to catch the worst of the crimi- priations bill to the Senate. What I end through the U.S. Attorney’s Office. wish to say to my colleagues is that as nals. NASA is also funded through this We also fund Byrne formula grants, we do this, everyone should know this subcommittee. It explores our planets and this bill will provide $510 million bill is a product of bipartisan coopera- and our universe and inspires our Na- for State and local police operations to tion. At times, when one views the tion and next generation to be sci- do their job. Senate through the lens of the media, entists and engineers. We are funding important programs one would think that everything we do We also fund the National Oceanic in juvenile justice, which are very key here is very prickly and very partisan. and Atmospheric Administration, pro- programs of intervention and men- But that is not true, certainly of the tecting our marine resources and the toring, but also very strong programs Commerce-Justice-Science appropria- jobs that depend on them. for antigang efforts—$407 million. tions. It also protects our weather to save We also want to prevent, protect, and Senator SHELBY and I worked to- lives. Many people don’t realize that prosecute when it comes to violence gether on this bill. Yes, I do chair it, the wonderful weather reports they get against women, whether it is domestic but it has been with maximum con- in their communities comes because of violence, sexual assault, rape, or stalk- sultation with others on the other side the NOAA weather administration. ing—over $435 million—the highest of the aisle. It was the same way when They think it comes from the Weather level of funding ever. Senator SHELBY chaired this com- Channel. We all love the Weather Chan- We also have very important Federal mittee. nel, but the Weather Channel depends law enforcement. All of us know and We are pleased to present to the Sen- on NOAA. love the FBI. This bill will provide $7.9 ate the fiscal year 2010 bill to fund the The National Science Foundation is billion to keep us safe from violent Departments of Commerce and Justice also funded, providing basic research at crime and also white collar crime, in- and air science agencies. I thank Ma- our universities to advance science and vestigating financial and mortgage jority Leader REID and Minority Lead- support teacher training and develop- fraud. er MCCONNELL for allowing to us to ment. I want to acknowledge the role of bring the CJS bill to the floor. We also fund several independent Senator SHELBY, who is an authorizer The CJS bill is a product of coopera- commissions and agencies, including on the Banking Committee and a mem- tion between Senator SHELBY and me the Commission on Civil Rights, the ber of this Appropriations Committee. and our excellent staff. We have EEOC, the Legal Services Commission, He has taken on the issue of mortgage worked hand in hand. I thank Senators the International Trade Commission, fraud and wanted it to be thoroughly INOUYE and Ranking Member COCHRAN and the U.S. Trade Representative. investigated. We have done that for their allocation. Senator SHELBY’s and my No. 1 pri- through the FBI. We were able to write a very good ority is making sure that 300 million Many people don’t realize, though, bill, but the stringent budget environ- Americans who work hard and play by that after 9/11, when everyone was ment required the subcommittee to the rules are safe from terrorism and clamoring for something like the MI–5, make difficult decisions. The CJS bill violent crime. We also want to protect such as the British have, we said: totals $64.9 billion in discretionary jobs in our country. So we are the basic Three cheers for the British way, but spending, consistent with the sub- investors in innovation through edu- we want a USA way, so we created an committee’s 302(b) allocation. So any cation and through promoting an inno- agency within an agency where the FBI amendments to the bill will need to be vation-friendly government, making is part of our most significant fight offset. strategic investments in research and against terrorism.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10182 CONGRESSIONAL RECORD — SENATE October 7, 2009 We also fund the Drug Enforcement to make sure we keep our astronauts AMENDMENT NO. 2629 Agency to fight international narco- safe and our space station is able to Mr. MCCAIN. Mr. President, I have terrorists and drug kingpins. This bill continue the work we have begun. We an amendment at the desk and ask for provides $2 billion to do it. also need to invest in the next genera- its immediate consideration—amend- I am very proud of the FBI because in tion of space vehicles at $3.6 billion. ment No. 2629. the last few weeks their work has led It is very important we meet our ob- The PRESIDING OFFICER. The to the arrest of two terrorism suspects ligations, our international obliga- clerk will report. who planned to blow up buildings in tions, as well as our obligations to our The assistant legislative clerk read Texas and in Illinois. While they were astronauts and to our Earth-bound sci- as follows: working hard, the efforts of the DEA entists. However, if you meet those sci- The Senator from Arizona [Mr. MCCAIN] led to the arrest of drug kingpins who entists, they are not bound by Earth proposes an amendment numbered 2629. were shipping 95 kilograms into New very much. They are continually Mr. MCCAIN. Mr. President, I ask York City. breaking barriers. unanimous consent that the reading of We also have the Bureau of Alcohol, We know the House withheld money the amendment be dispensed with. Tobacco, and Firearms and the Mar- while waiting for the Augustine report. The PRESIDING OFFICER. Without shals Service, each of which has been Well, we have the Augustine report. We objection, it is so ordered. funded at $1 billion-plus. know where the President wants to go. The amendment is as follows: Our U.S. attorneys, who are the pros- We know what the key advisers in the (Purpose: To prohibit the use of funds appro- ecutors of Federal crimes, have been astronaut community have rec- priated under this Act for the purpose of preventing individuals, wholesalers, or provided $1.9 billion, a significant in- ommended to us—the gallant leaders pharmacists from importing certain pre- crease. from the past, such as Buzz Aldrin and scription drugs) Once we catch and prosecute these John Glenn, to the most contemporary On page 202, between lines 15 and 16, insert criminals, there has to be Federal pris- right now. I might add we have a space the following: ons, and we want to make sure our Senator in Senator BILL NELSON, one of SEC. 530A. None of the funds made avail- communities are secure and our prison our authorizers. So we have worked able in this Act for the Department of Jus- guards are safe. This is one of the tat- hand-in-hand with our authorizers. tice may be used to investigate or enforce tered areas of neglect, and we are very We are also working very hard in Federal laws related to the importation of prescription drugs by individuals for per- concerned about the safety of our pris- terms of protecting our intellectual sonal use, by pharmacists, or by wholesalers on guards. This bill provides $6.1 billion property. We have been concerned or to bring an action against such individ- to upgrade, where necessary, the pro- through the Bush administration— uals, pharmacists, or wholesalers related to tective devices to ensure criminals are well, the Clinton administration, the such importation: Provided, That the Depart- held securely—acknowledging their Bush administration, and now we want ment of Justice or its subagencies do not rights, but also the rights of those who to deal with this during the Barack have a reasonable belief that the prescrip- guard them need to be kept too. Their Obama administration—that we have tion drug at issue violates the Federal Food, first right is the right to security, Drug, and Cosmetic Act (21 U.S.C. 301 et too many backlogs at our Patent and seq.): Provided further, That the prescription guaranteed by their own government. Trademark Office. We want to reduce drug at issue is not a controlled substance, We look to protecting our children those. American ingenuity should not as defined in section 102 of the Controlled and our communities, and when it have to stand in long lines to get their Substances Act (21 U.S.C. 802), or a biological comes to protecting our children, patents to protect their intellectual product, as defined in section 351 of the Pub- crimes have gotten more sophisticated property and to come up with the prod- lic Health Service Act (42 U.S.C. 262). in terms of the Internet and other ucts that will go into the global mar- Mr. MCCAIN. Mr. President, I say to things that are used to lure children ketplace and at the same time create the distinguished manager, the Senator into terrible criminal situations. We jobs here. from Maryland, that I will be glad to have provided over $265 billion to deal We are also very proud of what we do interrupt my amendment upon the re- with the issue of sexual predators, and to protect our planet, and what we turn of the Senator from Alabama, if we will continue that fight. have done through NASA Earth he wishes to speak, and then I will con- While we are busy fighting crime and science—$1.4 billion—and also what we tinue after that. I thank the Senator protecting our children, we also need are doing in weather satellites—$1.2 from Maryland for her hard work and to protect America’s jobs, and this is billion—which are very important glob- excellent explanation of the legislation where science and innovation come in al warming tools. If we can better pro- before the Senate. with an amazing race to keep America tect and warn, we can save lives and This amendment would lower health competitive. save money. care costs for Americans immediately. This bill provides $880 million for the The CJS bill ensures our constitu- It would provide access to safe, less ex- National Institute of Standards and tional obligation to do the 2010 census. pensive imported prescription drugs. Technology and, particularly, $70 mil- We provide $7 billion to the Census. We For far too long, powerful lobbyists lion for the new Technology Innovation are working hand-in-glove with Sec- from the pharmaceutical industry have Program and $125 million for the Manu- retary Locke to make sure the Census stood in the way of Americans’ access facturing Extension Partnership, so Bureau is well organized to be able to to affordable imported drugs. Their that we can keep manufacturing in our do this very important job. enormous political campaign contribu- country. We also want to do the basic There are many more things we can tions made in return for political sup- research that is needed for the new talk about, but I know my colleague, port of their agenda and their secret ideas that will come up with the new Senator SHELBY, wants to discuss the unsavory deal with the White House in products for the new jobs. bill, and our good friend from Arizona exchange for their support of the This bill provides $6.9 billion for the has an amendment. So, Mr. President, health care reform have further con- National Science Foundation, and for I will amplify these other parts of the tributed to the American people being NOAA we provide $4.7 billion, including bill as we move forward. prevented from accessing cheaper pre- $980 million for our weather service and I know Senator SHELBY will return in scription drugs. $870 million for our fisheries. a moment or two, so with deference Instead, Americans continue to pay This bill also funds our space pro- and the usual courtesy and comity, if 60 percent or higher for the same pre- gram: $18.7 billion for NASA. In the the Senator from Arizona wishes to scription drugs that are sold in Canada. space program, we don’t agree with the offer his amendment, and then when This amendment is necessary because House strategy; we agree with the Senator SHELBY returns he can make Americans need access to lower cost White House strategy. The House strat- his statement, we will just keep the drugs now. They need it now due to egy includes $500 million for the NASA business of the Senate moving as these difficult economic times. We all exploration program. We believe we promptly and as well as we can. know about unemployment. Ameri- need to meet our obligations to fully Mr. President, I yield the floor. cans’ salaries are being cut, household fund the space shuttle and the space The PRESIDING OFFICER. The Sen- budgets are slim, and millions of Amer- station. For the space shuttle, we need ator from Arizona. icans are struggling to make their

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10183 monthly mortgage payments. For have completed. Given the fact that it to compete for Medicare contracts. One these reasons, and so many more, is possible that the health care reform would think that is an obvious solution Americans should not be forced to wait bill will be brought up under a trun- to bringing down costs. another day to purchase safe and af- cated pressure timeline, I have little The second, of course, is the importa- fordable prescription drugs from out- faith that real, in-depth consideration tion of cheaper drugs from Canada. side the United States. While Ameri- of prescription drug import legislation Here everybody is talking about reduc- cans all over the country are having to will come about; therefore, I have no ing health care costs. We know that choose between their next meal and choice but to bring this issue up today importation of less expensive drugs their necessary prescriptions, the large as an amendment to this appropria- would save health care costs for the pharmaceutical companies continue to tions bill. American consumer. But the White pressure Congress to delay consider- In the 2008 election cycle, pharma- House apparently, according to Mr. ation of any legislation to allow the ceutical companies gave almost $30 Tauzin, agreed they would not support importation of safe and lower priced million in campaign contributions to importation of less expensive drugs prescription drugs. Members of Congress. Just this year, from Canada—a remarkable comment. I would like to also point out this is according to an article published in You know, people wonder why the tea legislation on an appropriations bill, The Hill, the prescription drug indus- parties are going on, why the approval something I have long opposed, and try has given more than $1 million to rating of Congress is so low—amazing. still oppose. But there has been an un- Republicans and Democrats, and the The Fraser Institute found in 2008 that usual process taking place, and that companies whip up their protector in Canadians paid on average 53 percent process is one which has forced me to Congress each time we bring forward less than Americans for identical come to this situation. On two separate legislation to help Americans get the brand-name drugs. Specifically, the in- occasions the majority leader of the imported prescription drugs they need. stitute found that the most commonly Senate assured me that legislation Earlier this year, I read an e-mail prescribed brand-name drug, Lipitor, is would be taken up before the Senate, sent by the top lobbyist for Pharma- 40 percent less in Canada, Crestor is 57 and both times he has changed his ceutical Research and Manufacturers percent less in Canada, and the popular mind. The majority leader resisted of America, known as PhRMA—this arthritis drug Celebrex is 62 percent consideration of an amendment to was back in June—which stated: less expense in Canada. Americans allow for the importation of prescrip- The Senate is on the bill today. Unless we would love a 60-percent-off coupon for tion drugs during debate on the Family get some significant movement, the full prescription drugs and deserve such a Smoking Prevention and Tobacco Con- blown Dorgan or Vitter bill will pass. We are discount now more than ever. trol Act. trying to get Senator DORGAN to back down, I have been working on this issue for At the time, the majority leader said calling the White House, and Senator REID. many years, and I will continue to do Our understanding is that Senator MCCAIN so. Americans should not have to wait on the Senate floor: has said he will offer regardless. Please make This is something that should have been sure your staff is fully engaged in this proc- a day longer for relief from higher done, I am sorry to say, years ago, not weeks ess. This is real. prices for drugs. Inexplicably, the ma- jority leader keeps delaying consider- ago. That was an e-mail from a lobbyist of ation of this needed legislation, which This issue is important legislation. If PhRMA, which has given millions and has now forced me to offer an amend- it should have been done years ago, millions in campaign contributions. then why wasn’t it brought up for con- Guess what. In the immortal words of ment on the current appropriations sideration immediately after the to- Jack Nicholson: I’m back. I am back on bill. However, I believe it is necessary bacco bill in June? While the stand- the Senate floor, trying to help mil- to protect all Americans’ interests in alone bill to allow importation—S. lions of Americans who have lost their obtaining affordable prescription 1232—was placed on the Senate’s cal- jobs, struggling to put food on the drugs. The amendment states that no endar on June 11, 2009, there has been table, by giving them the opportunity funds can be used to prosecute those no further effort by the majority leader to save on their prescription drugs im- who seek to import prescription drugs to call it up for consideration. Instead, mediately. that have been approved by the FDA. If he sent me a letter stating: Recently, the White House struck a the big drug companies are getting an I committed to take up legislation that deal with a pharmaceutical company to $80 billion savings, shouldn’t we give a would permit the safe importation of lower- further protect its profits. The deal savings to American consumers? Why cost prescription drugs as soon as prac- was bragged about by the head of the not now? ticable. company’s trade association, who Again, I want to say there is going to The practicable time was back in cashed in for millions of dollars once be a point of order raised on this bill, June. There is no practical reason to he wrote the Medicare prescription and with righteous indignation people prevent the majority leader from call- drug benefit legislation as a Congress- will say it doesn’t belong on an appro- ing up this bill for a vote at any time. man. He was quoted in an article in the priations bill. We just finished a De- I was told verbally by the majority New York Times, published August 6, fense appropriations bill loaded—and I leader as short a time as 3 weeks ago 2009, stating that the White House will have a list of them—with unau- that upon the completion of consider- ‘‘wanted a big player to come in and thorized appropriations on that bill. ation of the Defense appropriations bill set the bar for everybody else.’’ Every appropriations bill we take up that this legislation would be brought The same article stated: has unauthorized appropriations, rang- ing from $300,000 for a museum in Ne- to the floor of the Senate. Then a week Mr. Tauzin said the White House had later I was told, no; that is not going to tracked the negotiations throughout, assent- braska to the addition of C–17s for $2.5 be the case. So I have been waiting for ing to decisions to move away from ideas billion. The argument that somehow ‘‘as soon as practicable,’’ and so have like the government negotiation of prices or we should not be taking up this legisla- millions of Americans who are looking the importation of cheaper drugs from Can- tion on this bill flies in the face of for cheaper alternatives to the high- ada. The $80 billion in savings would be over what has been common practice around priced prescription drugs. a 10-year period. here, even though I do not agree with The majority leader also stated in his Analyze that comment by the head it. letter: lobbyist of one of the most powerful Let me say this, too. If I had full and If this issue is not addressed during the full lobbies in Washington. He is saying the complete confidence that this amend- Senate’s consideration of comprehensive White House agreed to move away ment would get a full and complete air- health reform, I guarantee that I will move from—in other words, not support— ing as an amendment on the health to proceed to S. 1232 before the end of the ideas such as government negotiation care bill, I would be glad to withdraw year. of prices. Government negotiation of this amendment. I will be glad to with- The majority leader of the Senate as- prices is absolutely necessary. We did draw this amendment if we have assur- sured me it would be taken up after it in the prescription drug bill, and it ance this amendment will be taken up completion of the Department of De- has reduced costs. In other words, the on the health care bill. There are all fense appropriations bill, which we pharmaceutical companies would have kinds of things that are going to be

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He and I have been work- who is co-chairman of the House progressive a 10-year period. ‘‘80 billion is the max, no ing on this for a long time. It is a fact caucus, called Mr. Tauzin’s comments ‘‘dis- more or less,’’ he said. ‘‘Adding other stuff that I received the word of the major- turbing.’’ changes the deal.’’ ity leader that this bill would be taken ‘‘We have all been focused on the debate in After reaching an agreement with Mr. Bau- up and that has not happened. That has Congress, but perhaps the deal has already cus, Mr. Tauzin said, he met twice at the been cut,’’ Mr. Grijalva said. ‘‘That would happened twice. I must say it has never White House with Rahm Emanuel, the White put us in the untenable position of trying to House chief of staff; Mr. Messina, his deputy; happened to me before in the years I scuttle it.’’ and Nancy-Ann DeParle, the aide overseeing have been a Member of the Senate. He added: ‘‘It is a pivotal issue not just the health care overhaul, to confirm the ad- I ask unanimous consent to have about health care. Are industry groups going ministration’s support for the terms. printed in the RECORD the New York to be the ones at the table who get the first ‘‘They blessed the deal,’’ Mr. Tauzin said. Times article of August 6, 2009, ‘‘White big piece of the pie and we just fight over the Speaker Nancy Pelosi said the House was not crust?’’ bound by any industry deals with the Senate House Affirms Deal on Drug Costs.’’ The Obama administration has hailed its I also ask unanimous consent to have or the White House. agreements with health care groups as evi- But, Mr. Tauzin said, ‘‘as far as we are con- printed in the RECORD the letter from dence of broad support for the overhaul cerned, that is a done deal.’’ He said, ‘‘It’s up Senator REID to Senator SNOWE, Sen- among industry ‘‘stakeholders,’’ including to the White House and Senator Baucus to ator DORGAN, and to me. doctors, hospitals and insurers as well as follow through.’’ There being no objection, the mate- drug companies. As for the administration’s recent break rial was ordered to be printed in the But as the debate has heated up over the with the insurance industry, Mr. Tauzin said, last two weeks, Mr. Obama and Congres- ‘‘The insurers never made any deal.’’ RECORD, as follows: sional Democrats have signaled that they [From the New York Times, Aug. 6, 2009] value some of its industry enemies-turned- U.S. SENATE, WHITE HOUSE AFFIRMS DEAL ON DRUG COST friends more than others. Drug makers have Washington, DC, September 22, 2009. been elevated to a seat of honor at the nego- (By David Kirkpatrick) Senator OLYMPIA J. SNOWE, tiating table, while insurers have been WASHINGTON.—Pressed by industry lobby- Russell Senate Office Building, ists, White House officials on Wednesday as- pushed away. Washington, DC. ‘‘To their credit, the pharmaceutical com- sured drug makers that the administration Senator BYRON L. DORGAN, panies have already agreed to put up $80 bil- stood by a behind-the-scenes deal to block Hart Senate Office Building, lion’’ in pledged cost reductions, Mr. Obama any Congressional effort to extract cost sav- Washington, DC. reminded his listeners at a recent town-hall- ings from them beyond an agreed-upon $8o Senator JOHN MCCAIN, style meeting in Bristol, Va. But the health billion. Russell Senate Office Building, insurance companies ‘‘need to be held ac- Drug industry lobbyists reacted with Washington, DC. countable,’’ he said. DEAR SENATORS: During consideration of alarm this week to a House health care over- ‘‘We have a system that works well for the H.R. 1256, the Family Smoking Prevention haul measure that would allow the govern- insurance industry, but it doesn’t always and Tobacco Control Act, I committed to ment to negotiate drug prices and demand work for its customers,’’ he added, repeating take up legislation that would permit the additional rebates from drug manufacturers. a new refrain. In response, the industry successfully de- Administration officials and Democratic safe importation of lower-cost prescription manded that the White House explicitly ac- lawmakers say the growing divergence in drugs as soon as practicable. Shortly after knowledge for the first time that it had com- tone toward the two groups reflects a com- making that commitment, Senator Dorgan mitted to protect drug makers from bearing bination of policy priorities and political and I began the Rule XIV process on S. 1232, further costs in the overhaul. The Obama ad- calculus. the Pharmaceutical Market Access and Drug ministration had never spelled out the de- With polls showing that public doubts Safety Act of 2009. tails of the agreement. about the overhaul are mounting, Democrats Unfortunately since taking that step, the ‘‘We were assured: ‘We need somebody to are pointedly reminding voters what they Senate has experienced an extremely full come in first. If you come in first, you will may not like about their existing health cov- legislative agenda that has not permitted me have a rock-solid deal,’ ’’ Billy Tauzin, the erage to help convince skeptics that they to turn to this important legislation as former Republican House member from Lou- have something to gain. quickly as I would have liked. In light of the isiana who now leads the pharmaceutical ‘‘You don’t need a poll to tell you that peo- approaching new fiscal year, we have dedi- trade group, said Wednesday. ‘‘Who is ever ple are paying more and more out of pocket cated considerable time to appropriations going to go into a deal with the White House and, if they have some serious illness, more matters. (On March 24, I received a letter again if they don’t keep their word? You are than they can afford,’’ said David Axelrod, signed by all Senate Republicans telling me just going to duke it out instead.’’ Mr. Obama’s senior adviser. it was critical that the Senate dedicate an A deputy White House chief of staff, Jim The insurers, however, have also stopped ‘‘appropriate amount of time’’ to pass the Messina, confirmed Mr. Tauzin’s account of short of the drug makers in their willingness twelve appropriations bills.) We have also the deal in an e-mail message on Wednesday to cut a firm deal. The health insurers shook completed action on the FY2010 National De- night. hands with Mr. Obama at the White House in fense Authorization Act, a bill to extend the ‘‘The president encouraged this approach,’’ March over their own package of conces- solvency of the Highway Trust Fund and the Mr. Messina wrote. ‘‘He wanted to bring all sions, including ending the exclusion of cov- unemployment insurance program, as well as the parties to the table to discuss health in- erage for pre-existing ailments. a number of executive nominations. surance reform.’’ But unlike the drug companies, the insur- Passing S. 1232 in the Senate will not be The new attention to the agreement could ers have not pledged specific cost cuts. And easy. Senate action on many legislative prove embarrassing to the White House, insurers have also steadfastly vowed to block items has taken significantly longer than which has sought to keep lobbyists at a dis- Mr. Obama’s proposed government-sponsored one would expect, even for measures that ul- tance, including by refusing to hire them to insurance plan—the biggest sticking point in timately pass by a broad bipartisan vote. Nu- work in the administration. the Congressional negotiations. merous objections by Senate Republicans The White House commitment to the deal The drug industry trade group, the Phar- have forced the Senate to jump through pro- with the drug industry may also irk some of maceutical Research and Manufacturers of cedural hoops that accomplish little more the administration’s Congressional allies America, also opposes a public insurance than delaying Senate action. Actions that who have an eye on drug companies’ profits plan. But its lobbyists acknowledge pri- have been taken by consent with little or no as they search for ways to pay for the $i tril- vately that they have no intention of fight- debate now take many days. Further compli- lion cost of the health legislation. ing it, in part because their agreement with cating passage of this legislation is the fact But failing to publicly confirm Mr. the White House provides them other safe- that during its markup of comprehensive Tauzin’s descriptions of the deal risked guards. health reform the HELP Committee consid- alienating a powerful industry ally currently Mr. Tauzin said the administration had ap- ered and defeated an effort to attach impor- helping to bankroll millions in television proached him to negotiate. ‘‘They wanted a tation language to the underlying bill. commercials in favor of Mr. Obama’s re- big player to come in and set the bar for ev- Notwithstanding these obstacles, I stand forms. erybody else,’’ he said. He said the White by my earlier commitment to make sure the The pressure from Mr. Tauzin to affirm the House had directed him to negotiate with Senate considers S. 1232 as soon as prac- deal offers a window on the secretive and po- Senator Max Baucus, the business-friendly ticable. If this issue is not addressed during tentially risky game the Obama administra- Montana Democrat who leads the Senate Fi- the full Senate’s consideration of com- tion has played as it tries to line up support nance Committee. prehensive health reform, I guarantee that I

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10185 will move to proceed to S. 1232 before the end fully intend to offer this bipartisan bill tion drugs, same pill put in the same of the year. as an amendment. We have over 30 co- bottle by the same company who de- Sincerely, sponsors in the Senate, Republicans cided to charge the American people HARRY REID, and Democrats. It ranges from the late the highest prices in the world? What Majority Leader. Senator Ted Kennedy, to JOHN MCCAIN about those people? Mr. MCCAIN. Mr. President, I wish to and a wide range of Senators on both My point is this: We are going to say again that we have been told time sides of the political aisle. That has have a big health care bill on the floor after time that this legislation would been the support for legislation that I of the Senate sometime in the next few come before the Senate. It has not. I do think addresses a very important issue. weeks. Oh, it has been through this not know what process the majority Let me describe the issue, if I might. committee and that committee. It has leader will use—reconciliation, fill up I have in my desk in the Senate two been on a long, tortured trail. Lord the tree, vote on cloture, make this bottles that contain medicine. Actu- knows every single day in the press we amendment nongermane. I have no ally, these are empty bottles. This is read the next little news item about confidence. If I had the confidence that Lipitor. The medicine that would be who said what about this. this amendment would be taken up in a contained in these bottles is made in One way or another we are going to regular order fashion and that the full Ireland by a company that produces have some kind of health care reform Senate would vote on it on the health Lipitor. It is the most popular choles- on the floor of the Senate. Will it pass? reform bill, I would have some con- terol-lowering drug in America by far. Will it be omnibus? Will it be com- fidence we could get it done. In the ab- It is made in Ireland, in a plant that is prehensive? I do not know any of those sence of that, I will seek a vote on this inspected by the FDA, and the medi- things. I do know this: that the Gang of amendment. cine is then sent all around the world. 6 and the gang in the Finance Com- If there is a budget point of order on These two bottles, as you can see, are mittee or the gang in the HELP Com- this amendment, let no one be fooled: identical. These two bottles contained mittee are going to become a Gang of It is not because they do not want to identical tablets, 20 milligrams of 100 or 100 gangs of 1 when it gets to the floor of the Senate. Everybody is going violate the budget rules of the Senate, Lipitor made in the same place, so it is to have their amendments because because they violated them in every the same manufacturing, the same pill, most Members of the Senate have not possible way in previous appropriations put in the same bottle, made by the had an opportunity to weigh in on bills, to the tune of billions of dollars. same company. The difference? One is health care at this point with their I yield the floor. shipped to Canada, one is shipped to own views and their own amendments. Mr. DORGAN. Mr. President, I sug- the United States. Difference? Price. They are not on the committee, not gest the absence of a quorum. Here is the one that was shipped to part of a small gang. Let me say, on be- The PRESIDING OFFICER. The Canada; this is $1.83 per tablet. This half of myself and I think Senator clerk will call the roll. was sent to the United States, $4.48 per SNOWE, it is the Snowe-Dorgan legisla- The assistant legislative clerk pro- tablet. The only difference is price. ceeded to call the roll. tion with respect to prescription drug Why is that the case? Because the reimportation, which includes Senator Mr. DORGAN. Mr. President, I ask American people are charged the high- MCCAIN as a cosponsor, that when unanimous consent that the order for est prices for brand-name prescription the quorum call be rescinded. health care comes to the floor of this drugs in the world, the highest prices Senate, you can count on it, that there The PRESIDING OFFICER. Without in the world for brand-name drugs. In objection, it is so ordered. is going to be an amendment and there this case, we paid $4.48 per tablet; is going to be a vote on the issue of the Mr. DORGAN. Mr. President, let me someone else paid $1.83. It doesn’t mat- spend a few moments talking about prices of prescription drugs. ter whether it is Canada. It could be Perhaps there are some people who this issue of reimportation of prescrip- England, Italy, France, Germany, tion drugs and the history of it and the do not want it. I understand they do Spain—we pay the highest prices in the not want to have a vote on it. But in work many of us have done together, a world, and it is unfair. large group of Members of the Senate, my judgment, there cannot be credible The question is not, Is there a prob- efforts to address health care if you do including Senator MCCAIN, working on lem? Of course there is a problem. We this issue. not address the issue of health care have a whole lot of folks in this coun- costs, the relentless rising cost of Senator MCCAIN has offered an try who cannot figure out how they are health care. amendment, No. 2629, which he has just going to afford to pay for their gro- Part of that, not an insignificant finished discussing. As I understand ceries and their medicine, so they go part, relates to the question of the re- the amendment, it would prohibit the get their medicine first at the phar- lentless runup of prescription drug use of funds appropriated under the act macy in the grocery store and figure costs every single year. Take a look at for preventing individuals, wholesalers, out how much they can eat later. Of the increased prices for prescription or pharmacists from importing certain course this is a problem. drugs every year and then think about prescription drugs. That is in the title. I have described the guy who sat on a the people out there who are trying to It does have, as I think Senator straw bale once at a farm a while back, figure out: How do I pay for this? MCCAIN suggested, perhaps a point of 80 years old, who told me in a little I understand senior citizens have the order against it. I do not know whether meeting we had in a farmyard: My wife opportunity, under Part D of Medicare, it is because it would be legislating on has fought breast cancer for 3 years. to have some drug coverage. I under- an appropriations bill. In any event, She is in her seventies. And we have stand there is a problem with that, whatever the circumstances with this spent all of those 3 years driving to there is what is called a doughnut hole amendment, I was a bit surprised to see Canada to try to buy Tamoxifen where in the Washington lexicon. I also un- this amendment on this bill, but every- it is sold for 80 percent less—an 80 per- derstand that someone made a deal body has a right to offer amendments. cent lower price in Canada for the iden- with the pharmaceutical industry for Let me say that Senator MCCAIN is a tical prescription drug. So my wife and $80 billion over 10 years, which is a rel- part of a group of us who have worked I are trying to drive up and get atively small part of their gross reve- together. We have worked on a piece of Tamoxifen in Canada. nues, in order to fill part of the dough- legislation called the Dorgan-Snowe The reason they can do that is, ap- nut hole with 50 percent off on brand- legislation. Senator SNOWE, as the parently at the border, a small amount name drugs. major cosponsor, and many others, in- of personal use, up to 30 days or 60 or I understand all that. I was not a cluding Senator MCCAIN as a cospon- 90 days personal use of prescription part of it, nor was anybody I know of in sor, have worked on this issue for a drugs will be allowed to be brought this Chamber. The question is, What long time. The fact is, the appropriate over without a hassle. about all the rest of the American peo- place to address this, in my judgment, But the question is what about the ple and the fact that they are now is in the health care bill that is going rest of the American people who can- charged the highest prices in the world to come to the floor in the next couple not drive to the border or go to another for brand-name prescription drugs? Is of weeks. I have said previously that I country and access the same prescrip- it fair? I say no.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10186 CONGRESSIONAL RECORD — SENATE October 7, 2009 We will offer an amendment. My col- what. Europe has been doing this for 20 We have been trying for 10 years to league says he was promised and he years. It is something called parallel get this done. If we bring health care was concerned about that. I understand trading. In Europe, if you are in Ger- reform to the floor of the Senate and all that. All I am saying is, we are many and want to buy a prescription say: We are going to do something going to have this debate, this amend- drug from France, if you are in Spain about health care costs and prices and ment, and this vote. It is going to be on and want to buy a prescription drug fail to do something about prescription health care. That is where it ought to from England, that is not a problem. drug costs, in which the American peo- be. It ought to be on the health care They have a plan that is called parallel ple are required to pay the highest bill. trading. It has been going on for 20 prices for brand-name drugs, then, in I know that when we have this dis- years, and there are no counterfeit my judgment, we will have failed mis- cussion, we are going to have people issues of any significance at all. erably. say: If you do not allow the prescrip- Europe can do it and we cannot? We It is my full intention that when we tion drug folks, the pharmaceutical in- cannot keep track of this? The legisla- have health care on the floor, which I dustry, to charge these prices in our tion that I and Senator SNOWE and expect to be within a week or 2 weeks country, they will do less research into many others, including Senator or whenever it comes, but it is coming finding cures for these deadly diseases. MCCAIN, have put together carefully for sure, I will be here, and I will fully You know what, the fact is they has all kinds of safety measures that expect and demand the opportunity to spend more money on promotion, mar- will dramatically improve the safety of offer this amendment because there are keting, and advertising than they do the prescription drugs that are now 30 Members of the Senate, Republicans on research. That is a fact. I mean you sold. get up in the morning and turn the tel- It requires pedigrees be established and Democrats alike, who have done evision set on, perhaps while you are on batch lots so you can track every- the work to put together the bill that brushing your teeth or something, and thing back. Everything. The only pro- has all the safeguards and, finally, at then listen to the ads. The ads push at posal we are suggesting the American long last, will give the American peo- you every single day: Go ask your doc- people be given the freedom to do is to ple what they deserve; that is, fair tor today. It is Wednesday. Ask your access that FDA-approved drug—yes, pricing on prescription drugs. doctor, is the purple pill right for you? only FDA-approved drugs—only from Mr. MCCAIN. Will the Senator yield I do not know what the purple pill is, countries in which the chain of custody for a question? but it makes you feel like you should is identical to ours and as safe as ours Mr. DORGAN. Of course, I will yield. go ask somebody if I should be taking is. That is all we are talking about. the purple pill. But that does it the right way. That Mr. MCCAIN. I am very grateful for Go ask your doctor whether you says: Here is a plan. It funds the FDA the leadership Senator DORGAN has might need Flomax. Go ask your doc- to make certain that the drug supplies shown on this issue for many years and tor what you ought to be getting, what are safe and so on. This is the right it has been a pleasure and an honor to you ought to be taking that you now way to do this. That is why we have work with him on that and many other do not know about or are not taking. taken a long time to put this together. issues. All these things are pushed at con- It is a piece of legislation that has all I ask my colleague, does the letter sumers in circumstances where the the elements you would want to have that was sent by the majority leader to only person who can prescribe that pre- that gives the American people the you and to me and to the Senator from scription drug is a doctor who has de- freedom to get lower priced drugs, Maine, Ms. SNOWE—I know you have cided you need it for your health. Yet FDA-approved drugs where they are read it—does it concern you that the every single day, relentlessly across sold and, at the same time, because last paragraph of the letter says: this country on television, in the jour- they would have that freedom, would nals and newspapers and publications put downward pressure on drug prices Not withstanding these obstacles, I stand by my earlier commitment to make sure the it says: Go check with your doctor. Ask in this country because the pharma- Senate considers S. 1232 as soon as prac- your doctor if you should be taking ceutical industry would be required to ticable. this medicine. reprice their drugs in the United What about cutting back on some of States. And then this is the question I have that and reducing the price of prescrip- Let me say, as I always have to say, for the Senator from North Dakota. tion drugs? What about that? Let me I do not have a grief against the phar- If this issue is not addressed during the full make one other point, if I might. My maceutical industry. I think it is a Senate’s consideration of comprehensive colleague indicated he has offered this, great industry. I think it produces health reform, I guarantee that I will move which is a funding limitation on pre- wonderful, miracle prescription drugs to proceed to S. 1232 before the end of the scription drugs. The fact is, this has that if taken can keep you out of an year. been a long and difficult trail to pass acute care hospital bed, which would be My question to the Senator from legislation. far more expensive. Prescription drugs, North Dakota is: Why would there be I understand. Were I working for the if taken, in many cases, can manage a any question in the majority leader’s pharmaceutical industry, I would un- disease that otherwise would have you mind that you or I and Senator SNOWE derstand why you want to retain this in a debilitated condition. would let a health reform bill go to the little piece in Federal law that says: I appreciate the research they do. I floor and be voted on without it being The only entity that can reimport or appreciate the new drugs they develop. passed? It seems to me, and may I say, import drugs into this country is the Let me say this, that a substantial because I have been told twice by the company that manufacturers them. I amount of work, with respect to the majority leader we would take it up— understand why they want that to be development of new drugs, is done with and those commitments have been re- the case. Because it allows them to public funding, taxpayer dollars, versed—would it not concern you a lit- price, in this country, however they through the National Institutes of tle bit when it says: ‘‘ . . . if this issue want to price. Health, the knowledge from which then But we are told constantly this is a goes to the pharmaceutical industry to is not addressed during the full Sen- new economy, a global economy. If it is be able to use to create these drugs. ate’s consideration of comprehensive a global economy, then what about al- That is a part of it. health reform . . .’’ lowing the American people the free- Another part of it is the research That is my question. That is what I dom to access that global economy to they do themselves. Good for you, I am concerned about, that parliamen- find the identical FDA-approved pre- say. My grief is not against an indus- tary procedures would be used. You and scription drug where it is sold for half try. I do not want to tarnish this indus- I have seen it before. The tree filled up. the price? try. All I want to say is: We deserve Cloture invoked, et cetera, where there They say: Yes, but you know what, if fair prices. This country and the con- have not been amendments that were we do that, we are going to open it up sumers in this country deserve fair clearly important to that legislation, to counterfeit drugs and so on. Guess prices. not allowed to be considered.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10187 That is my question to my friend during the full Senate’s consideration, used to say that it is like herding cats, from North Dakota. ‘‘I guarantee I will move to it before conducting business in the Senate. I Mr. DORGAN. Let me say to Senator the end of the year.’’ Each day going agree with that. MCCAIN that I expect the job of major- by, seniors and, in fact, all citizens are I know the Senator from North Da- ity leader is a pretty tough job. I have paying a higher price for prescription kota is aware that no matter what the watched from Bob Dole on, Tom drugs. Frankly, we should never have problems are, if the majority leader Daschle, and so many majority leaders made that agreement when the tobacco says: I will take up this bill, then you and minority leaders try to run this bill was taken up because we could have to take his word. My question to place. It is pretty hard to run. Trying have passed it. Today seniors could be the Senator from North Dakota is, can to figure out a schedule is pretty dif- paying as much as 60 percent less for we get a commitment from the major- ficult. So I respect the difficulties of their prescription drugs. But we know ity leader that parliamentary proce- juggling all these things. what happened. The pharmaceutical dures will not be used to block consid- With respect to the specific letter companies weighed in with all of their eration of the issue of importation of Senator MCCAIN referred to, Senator clout. I urge the Senator from North pharmaceutical drugs? MCCAIN, I, and Senator SNOWE all Dakota to go back and get this lan- Mr. DORGAN. Mr. President, I be- talked to the majority leader about guage changed. The majority leader lieve that commitment has already this issue when the tobacco bill was on looked me in the eye and said: We will been made by the majority leader. the floor of the Senate because we were take this up after we finish the Depart- Mr. MCCAIN. The letter is ambiva- fully intending to offer our prescrip- ment of Defense appropriations bill. lent. tion drug reimportation bill. And then decided not to do it. Maybe Mr. DORGAN. I understand that. The majority leader did say to us, the Senator from North Dakota under- That is why I said I think the letter and then put it in writing, did say to stands why I am skeptical about the perhaps is not artfully drafted with re- us: I will guarantee you that you will interpretation of a letter that could be spect to that last paragraph. I believe get that up on the floor of the Senate. interpreted so that we don’t take it up that commitment has been made to me So that was a commitment by the ma- in the health care reform bill. because I went to the majority leader jority leader. And he understands that Mr. DORGAN. Mr. President, I under- following the release of that letter. I commitment. stand the anxious state of all of us to have found over a long period that When I saw the letter he wrote, I do what we have worked on for so long. when the majority leader gives me a went to him immediately, and he and I I understand. I also understand that commitment, I believe he will keep the talked about that. Because I indicated the letter probably could have been commitment. to the majority leader: You have indi- more artfully drawn. I understand from Mr. MCCAIN. I have not had that ex- cated that as soon as practicable, or my conversations with Senator REID, perience. perhaps at the end of the year. the majority leader, that he fully un- Mr. DORGAN. I understand, but I be- I said to the majority leader: You derstands and expects us to be planted lieve the Senator will have that experi- should understand that if it is not up on the floor when health care comes ence when health care comes to the before health care, it has to be offered here and to offer our amendment and floor and he and I are on the floor with on health care. Because that is exactly have a full debate and vote. If there is our colleague Senator SNOWE and oth- where it fits. Nobody can come to the an attempt when we debate health care ers pushing for a solid piece of legisla- floor and say: We have to do health to decide that 30 of us Republicans and tion that has broad bipartisan support. care. We have to try and control costs Democrats somehow don’t have the op- The Senator then will understand the and put some downward pressure on portunity we have been promised on commitment was made and the com- prices. But, by the way, you cannot the issue of prescription drug prices, in mitment was kept. I believe that will offer a piece of legislation that would my judgment they are going to have an be the case. put downward pressure on prescription awful time getting any health care bill Mr. MCCAIN. All I can say to my drug prices. I said: That cannot be the through this place. Because you can’t friend is, if we can get a commitment case. say to me or to anybody else: We will that parliamentary procedures will not He understood and said: I understand do the bill we want to do and, by the be used to block consideration of an that. That is going to be at the front way, prescription drug prices that are amendment concerning importation of end of this debate on health care. going up by double digits, we are not prescription drugs, I will withdraw this Based on that representation, I feel going to give you a shot at that. amendment from this bill. confident, I would say to Senator Let me make one final representa- Mr. DORGAN. I believe that commit- MCCAIN, I understand the confusion in tion. I said when I started, it is hard to ment has been made to me. In any the reading of the letter, the writing of schedule this place. I understand that. event, we are here on the floor on a the letter, but I feel confident, having The Senator from Arizona knows we Wednesday talking about something I talked to Senator REID, that we are have had noncontroversial bills where believe is very important, and we have going to have ample opportunity, right we couldn’t even get past a motion to worked on this for a long time. We at the front end of this debate about proceed without having a filibuster to have spent a lot of time working on it. health care, to have a full debate, to something that is noncontroversial. If I I don’t intend to decide: OK, somebody have a vote up or down, which is what am majority leader, I am thinking this is going to put up some barriers and we need to do, obviously. I think every- is not easy to do. I am sympathetic to that is OK with me. That is all right. one in this Chamber, every Republican, the job he has to try to do all these And I don’t think Senator REID is every Democrat, needs to be on record: things. I am convinced Senator REID going to do that. He has made a com- How do they feel about their con- will keep the commitment he made to mitment to me that will not be the sumers paying the highest prices for us. I am convinced that commitment case. I am convinced that Senator prescription drugs in the world? How will be kept when we get health care on MCCAIN and I and others who have put do they feel about a bill we put to- the floor. I don’t want it to be in the this legislation together will have our gether that has pedigrees and batch middle or toward the end. I want to be day, and everybody else will have to lots, all the safety so our consumers here front and center at the front end stand up and say yes or no. I hope when can have the freedom to access these because the bill we have put together is the roll is called, we have sufficient lower priced drugs? a strong bill dealing with a very impor- numbers, finally, at long last, to pass I think we can do that. tant issue. legislation that should have been Mr. MCCAIN. Would you not feel bet- Mr. MCCAIN. If the Senator will passed 8 years ago. Again, I appreciate ter if the letter said—I know I would yield further for one final question. the comments Senator MCCAIN has feel better if the letter said: I expect Mr. DORGAN. I am happy to yield. made this morning. I will have further this issue to be brought up in the Mr. MCCAIN. I have great sympathy visits with him. health reform bill. for attempting to schedule legislation I know Senator MIKULSKI has a bill Instead, there is a loophole, with all in this body. I think our friend Trent on the floor she wishes to manage, and due respect, that if it isn’t addressed Lott maybe didn’t invent it, but he we don’t want to be in the way of that.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10188 CONGRESSIONAL RECORD — SENATE October 7, 2009 My view is that we are going to have eration of the amendment of the Sen- attack? What if she loses her home or our bill on this floor with a full debate ator from North Dakota, an effort her job? What will happen to Deborah and an up-or-down vote, and that will joined by me and Senator SNOWE and and her family? come as a result of Senator REID keep- others, to allow prescription drugs to If this Congress does not pass mean- ing his commitment. I am convinced of be imported into the United States. ingful health care reform, their future that. I yield the floor. is uncertain at best. But if we do act, I yield the floor. Mr. DORGAN. I suggest the absence we can bring Deborah and her family The PRESIDING OFFICER (Mr. of a quorum. back from the brink of ruin. If we pass KAUFMAN). The Senator from Arizona. The PRESIDING OFFICER. The health care reform with a public op- Mr. MCCAIN. Very briefly, I say to clerk will call the roll. tion, Deborah and millions like her will Senator DORGAN, I appreciate his ef- The assistant legislative clerk pro- be able to get the quality care they forts, his leadership. I appreciate ev- ceeded to call the roll. need at a price they can afford. erything he has done. We have had the Mr. BURRIS. Mr. President, I ask Under a public plan, health care costs privilege of working together on many unanimous consent that the order for will come down. Perhaps Deborah’s em- issues over the years. I wish to be sure the quorum call be rescinded. ployer will be able to restore her insur- The PRESIDING OFFICER. Without that when the health reform bill comes ance coverage. But if not, she will be objection, it is so ordered. able to get individual coverage by up, there will not be parliamentary ob- Mr. BURRIS. Mr. President, I ask stacles from that happening. I have choosing between an affordable private unanimous consent to speak as in or public plan. Competition will drive seen the will of the majority thwarted morning business. on the floor of the Senate by certain premiums down across the board, mak- The PRESIDING OFFICER. Without ing insurance more affordable for every parliamentary maneuvers—filling up objection, it is so ordered. the tree, for example. The Senator single American. This means even with HEALTH CARE REFORM a preexisting condition, Deborah will from North Dakota is as familiar as I Mr. BURRIS. Mr. President, my brief not have to worry about finding good am with some parliamentary proce- remarks this morning are going to be coverage at a fair price. She will be dures which can be employed by the on the cost of our broken health care able to pay her bills again. In case she majority and have been employed when system. needs further treatment down the road, both parties have been in the majority There have been times throughout she will not be forced to choose be- to thwart the ability of Senators to our Nation’s history when the Amer- tween keeping food on the table or have their issues considered. That is ican people have called upon our elect- seeking the quality care she deserves. what I want to see, is to make sure ed leaders to make very difficult deci- That is what health care reform is with that when the health reform bill is be- sions. This is one of those moments. a public option, and that is what could fore us, we will take it up. The debate over health reform has help Deborah. But the sentence reads: taken hold of this country and this These reforms would also help work- If this issue is not addressed during the full Congress. We need a public option as ing folks such as Scott and Cindy, a Senate’s consideration of comprehensive re- part of any reform legislation, and we self-employed couple from Oak Park, form . . . need it now. But the debate goes on. In IL. Scott is a carpenter, and Cindy is a My question is, why wouldn’t it? Why House and Senate committee hearings, freelance writer and editor. They have is that sentence necessary? All I can in townhall meetings, and at dining a combined income that ranges from say is that I hope we can get that as- room tables across America, people are $50,000 to $120,000 per year, depending surance. If we do, I will withdraw the talking about the cost of health care on the economy. But Scott has a pre- amendment and allow this appropria- reform. But they are not just talking existing condition. tions bill to receive full consideration about dollars and cents. Sometimes Unlike many people in similar situa- and be passed by the Senate. Washington forgets that. We worry tions, they were fortunate enough to Mr. DORGAN. Mr. President, I intend about taxes, the deficit, and the need find an insurance company that would to offer several amendments to the to keep Federal spending in check. We cover them. But the costs are ex- health care bill. I have not had a are right to debate these issues. But in tremely high. Premiums run more than chance. I am not part of a gang of any- the swirl of numbers and the cold anal- $500 a month. Scott is covered by one thing. I wasn’t part of the Gang of 6. I ysis of insurance profits, we must not plan, and Cindy and the kids are on a am not part of the Finance or HELP forget the extraordinary human cost of separate plan, and each one has a de- Committees. This is my first oppor- our broken health care system. ductible of about $5,200 a year. That is tunity. I have some things I think can Nearly 45,000 Americans die every the deductible. improve it. If a bill comes to the floor year because they do not have insur- That is why Scott and Cindy were so with procedures—and it will not hap- ance coverage and cannot get quality worried when their son broke his arm pen—that lock this up and we can’t care. That is one death every 12 min- last summer. It was a bad break, but it offer amendments, I wouldn’t stand for utes. This simply cannot stand in the is the kind of injury that is common to that. I am not going to be a part of United States of America. As Members an active 15-year-old kid. It was not that process. My expectation and the of the Senate, as Americans, and as catastrophic, it was not unusual, and representation made to me with re- human beings, we cannot allow this to no one’s life was at stake. But the med- spect to this amendment is when that continue. It is time to take bold ac- ical bills totaled about $4,000. Even bill comes to the floor, we will have an tion. We must not delay any longer. though Scott and Cindy have insur- ance, they had to pay every cent of this opportunity to offer amendments. I The American people are waiting—peo- out of their pockets. don’t know how you would get health ple such as Deborah, a mother from Il- They are underinsured, and they care through the Senate if the propo- linois, who works for a social service know it. That is why they ration their sition would be that somebody says: agency. Her employer had to cancel own health care. I will repeat that: The Gang of 6, they had their 6 months health care benefits and cut salaries That is why they ration their own or 3 months, whatever they did. And more than a year ago because the ex- health care. Whenever they can skip a the two committees had their oppor- penses were too high. Deborah had a doctor’s visit, or a checkup, or a minor tunity. But the rest of you, sorry, can’t heart attack in April. Her resulting procedure, they will do so in the inter- do that. In that circumstance, health hospital bills total almost $16,000. She est of saving money. Of course, when care would not be passed through the cannot afford the medicine her doctors their kids need treatment, they make Senate. Perhaps we have tortured this have prescribed for her. And now she is it a priority. subject to death. having trouble paying bills. Her gas But Scott and Cindy know they will Mr. MCCAIN. We have probably tor- and electricity have already been cut not be able to afford it if either of them tured it to death. Considering the fact off in her home. Next it is going to be gets sick. What will happen to this that reconciliation continues to be the water. family if they experience a cata- held out there as an option by the ma- Thankfully, Deborah’s children and strophic illness? What will happen if jority is also a factor about which I foster children have health insurance their coverage gets dropped, or if the have been concerned. All we need is a provided under an Illinois program costs continue to go up? clarification to make sure there will be called All Kids. But what if she suffers With health care reform, private in- no parliamentary obstacles to consid- further complications or another heart surers could no longer discriminate

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10189 against Scott’s family because of his month—and can confirm the recent ob- dent’s plan, as it did with the Presi- condition. If they are unhappy with the servations of General McChrystal that dent’s plans in Iraq. Then each Member private insurance, they will have the the Taliban has made inroads in Af- of Congress will cast the most impor- choice to purchase high-quality public ghanistan and the situation is deterio- tant vote for any Member of this body: insurance for the whole family. Re- rating and serious. At the same time, whether to send additional troops gardless, their deductible and monthly political dynamics have changed in the abroad and how to protect them. That premiums will be much lower. For the region. There have been flawed elec- debate should not be about politics. first time, they will not have to worry tions in Afghanistan, and an I believe we must look at this chal- about Scott’s preexisting condition, emboldened Pakistani military has lenge as a sum of the parts, and I wish and they can stop rationing their taken actions against elements in the to raise two primary questions. The health care. They will be able to take Taliban in Pakistan. In light of these first is about our mission and our ob- advantage of preventive care so they developments, we must give the Presi- jectives, which have been complicated can catch potential problems earlier dent the time he needs to review the by changes on the ground since March. and minimize their chances of getting strategy and reevaluate the mission. The second is about waging an effective really sick. Today marks 8 years since the U.S. counterinsurgency strategy and what This is what reform with a public op- military entered Afghanistan, but if it would take to meet those require- tion would mean for Scott and Cindy, there is one message I hope to convey ments in Afghanistan. After we review and for millions of Americans just like to the American people today, it is our mission strategy in Afghanistan, them in Illinois and across the coun- that we have not been there in earnest we must also review how it correlates try. That is why I will not compromise since 2003. After launching a successful to our strategy in Pakistan. I will take on the public option. I will repeat that: NATO campaign against al-Qaida and each one of these questions in turn, I will not compromise on the public op- the Taliban-led government that shel- both to give an indication of the com- tion because Deborah, Scott, and Cindy tered it, resources were diverted to plexity of the decisionmaking process need our help. That is why I will not Iraq in 2003 before the job was finished. and to share my observations on each settle for anything less than the real We essentially left Afghanistan to in- subsidiary question. reform the American people deserve. vade Iraq, and the result in Afghani- The human cost is too high. stan was a resurgent Taliban and fail- First, the President must ask: What As we move forward, it is important ure to capture Osama bin Laden. are our missions and objectives? In to consider all sides of this contentious This was not the first time we left March, he presented his mission state- debate. But this debate has been going Afghanistan. After resourcing the Af- ment: on for nearly a century. Since the days ghans throughout the 1980s in their ef- To dismantle, disrupt, and defeat al-Qaida of Teddy Roosevelt, we have been try- forts to beat the Soviets, we abruptly and its safe havens in Pakistan, and to pre- ing to come together and solve this ended our support in 1989 after Soviet vent the return to Pakistan or Afghanistan. problem. The time for debate is draw- troops withdrew. We were then absent He also laid out key objectives: pro- ing to a close. The time for bold action for 12 years until 9/11. moting a more capable, accountable, Historically, and especially since is upon us now, and our path is clear. and effective government in Afghani- 2003, our commitment to Afghanistan The only way to achieve meaningful stan, developing increasingly self-reli- has been wavering and halfhearted. health care reform and bring costs ant Afghan security forces that can This has created a deficit of trust in down is through a public option that take the lead in counterinsurgency and the minds of the Afghans, especially creates real competition in the system. counterterrorism, and assisting efforts among those who have allied with us Let me be clear on this—I will be to enhance civilian control and stable and faced the prospect of life or death very clear—I will not vote for any government in Pakistan. health care bill that does not include a in our absence. I wish to repeat that. public option. I urge my colleagues to This has created a deficit of trust in As I have said, since March there join with me, to stand on the side of the minds of Afghans, especially among have been at least three specific the American people, and to fight for those who have allied with us and faced changes to the situation. ordinary folks such as Deborah, Scott, the prospect of life or death in our ab- First, there were flawed Presidential and Cindy, and their families. sence. elections in August which have further We must not delay. We must not let As we enter the ninth year of the eroded confidence between the Afghan them down. war, it is critical to reassess our strat- people and the government. Mr. President, I yield the floor and I egy so we can get it right. This is why When I was in Afghanistan in April, suggest the absence of a quorum. the President’s review must be com- there was hope—real hope—that these The PRESIDING OFFICER. The plete and must be comprehensive. It is elections would lead to real change and clerk will call the roll. not just about combat troops or the progress. Unfortunately, the outcome The bill clerk proceeded to call the McChrystal report. Troops are just one has been a worst-case scenario, vali- roll. part of the puzzle and the report sub- dating the fears of those who view the Mr. KAUFMAN. Mr. President, I ask mitted by General McChrystal is just Afghan Government as plagued by cor- unanimous consent that the order for one input. The President must consider ruption. As each day passes, the steady the quorum call be rescinded. multiple perspectives on the political stream of election fraud revealed in the The PRESIDING OFFICER (Mr. and regional situation from U.S. Am- media further undermines trust in the BURRIS). Without objection, it is so or- bassador to Afghanistan Karl Karzai government. This is especially dered. Eikenberry, U.S. Ambassador to Paki- harmful to our overall counterinsur- Mr. KAUFMAN. I ask unanimous stan Anne Patterson, and the Special gency strategy because the goal is to consent to speak as in morning busi- Representative for Afghanistan and build support among the Afghan people ness. Pakistan, Richard Holbrooke. He must for their government. Remember, this The PRESIDING OFFICER. Without also weigh broader concerns from the objection, it is so ordered. is not—not—between us and the Department of Defense, including over- Taliban, it is between the Afghans and AFGHANISTAN POLICY all force structure and other global the Taliban, and the perception of gov- Mr. KAUFMAN. Mr. President, I rise military requirements. The review will ernment corruption only strengthens today to support the comprehensive re- take time. There are many complex the Taliban. view of our Afghanistan policy being issues to deal with in Afghanistan conducted by the Obama administra- which closely relate to our policy in Second, we must review the chal- tion. This is the right time for such a Pakistan. lenges of training the Afghan national review because conditions have The President will present his plan to security forces. changed since the President’s strategy the American people when he has made While the Afghan National Army has was announced on March 27. I have his decision. At that time, Congress demonstrated an ability to fight, there traveled to the region twice since will be an important part of the proc- are serious questions about its size and then—first in April and again last ess and will hold hearings on the Presi- effectiveness, and problems are even

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Fi- dearth of leadership development, and training local security forces has nally, we must also consider how to de- qualified recruits, infrastructure, proven to be the best way to defeat velop an effective strategy for reinte- trainers, and equipment. During my insurgencies over time. Therefore, the grating low-level insurgents. trip to Helmand Province last month, I second principal question we must ask Counterinsurgency is about trust was struck by the side-by-side image of is, Do we have the requirements nec- building between the local population, the Afghan Army troops in Toyota essary for waging an effective counter- the security forces, and the govern- pickup trucks and U.S. troops in Mine insurgency strategy in Afghanistan? ment. Without trust, we cannot expect Resistant Ambush Protected Vehicles, Before I address these questions, let sustainable progress, and that is why I or MRAPS. me say that I am struck—truly am particularly concerned about alle- There is widespread recognition that struck—by how quickly the military gations of fraud in the Afghan elec- there is a long way to go before the Af- has adapted to counterinsurgency and tions. ghan security forces can be self-suffi- how, from the bottom up, it has been If this were a political campaign, cient and that the training plan re- adopted. Since General Petraeus wrote there would be no need to run negative quires adjustments. the U.S. Army/Marine Corps Counterin- ads against the Taliban. According to We are now embedding American surgency Manual in 2006, counterinsur- the polls, the Taliban has only 6 per- trainers with Afghan battalions to en- gency has become fundamental to our cent support among the Afghan popu- hance leadership development, but we military doctrine. lation. This is the good news. The bad continue to do this better, which is As long as we maintain the strength news is that in the absence of jobs, why I strongly support Senator LEVIN’s of our conventional forces, it is in- credible governance, and essential plan to prioritize and focus on training creasingly unlikely anyone will take services, this does not translate into the Afghan Army and police. Specifi- on the U.S. military through conven- support for the Afghan Government by cally, I agree that we must expedite tional means. Let me repeat that. As the Afghan people. This is why we can- the training, equipping, and support for long as we maintain the strength of not just target the Taliban or insur- the army and police so they can double our conventional forces, it is increas- gents. We must help the government in size to 240,000 for the army and ingly unlikely anyone will take on the develop a capacity to provide for its 160,000 for the police, not by 2013 but by U.S. military through conventional people so it can be viewed as credible 2012, and hopefully by the end of 2011. means. We must, therefore, prepare to and effective. Based on my September trip to Afghan- fight future wars against insurgencies, This is why the outcome of the re- istan with Senators LEVIN and REED, I nonstate actors, and asymmetrical cent election must be resolved in a believe this training can be expedited forces. As such, the military, under the clear manner so that whatever trust with the necessary focus and resources. leadership of Secretary Gates, is rebal- remains between the Afghan people and This must—I say, must—be a top pri- ancing its budget and making other the government is not further dimin- ority because our overall goal is not fundamental changes. ished. We must ask—can we succeed in nation building in Afghanistan; it is This is remarkable to me because a counterinsurgency with a Karzai gov- self-sufficiency for the Afghans so they any large organization, especially one ernment tainted by allegations of fraud can provide for their own security, as large as the U.S. military, is like a and corruption? How do we recalibrate much like what has happened in Iraq. supertanker: it just does not turn eas- our strategy in light of the recent The third changed condition we must ily. Through an incredible organiza- flawed elections? consider is recent developments in tional effort, however, this supertanker The second question I would like to Pakistan. When I traveled there in has changed course, and I am truly im- raise is about the amount of counter- April, the situation was grave. The ten- pressed by the extent to which DOD insurgents we need to succeed. Coun- sion between the Pakistani Govern- and the U.S. military have accom- terinsurgency doctrine tells us that ment and the Taliban was mounting. plished this and have embraced coun- troop size is not determined by the size The deal that was cut with the Taliban terinsurgency, from the privates to the of the enemy, but rather, by the size of to relinquish control over Swat Valley four-star generals. the population. As such, we need a was unraveling, the Frontier Corps did Counterinsurgency is a four-step ratio of one counterinsurgent for every not have the capacity to ‘‘clear and process: First, shape a strategy; sec- 50 citizens. The latest CIA World hold’’ in the tribal areas and border re- ond, clear the area of insurgents; third, Factbook estimates the population of gion, and I walked away very con- hold the area; and fourth, build Afghanistan at 28 million, which means cerned about the overall political situ- through governance, essential services, that we need roughly 560,000 ‘‘boots on ation. and economic ability. It is important the ground’’ which includes Afghans, Immediately after the trip, the Paki- to note that troops are just one part of NATO troops, and Americans. stani military took decisive action a counterinsurgency strategy. Equally During our visit, we learned that against the Taliban in Swat Valley and important is training the indigenous there have been 94,000 Afghan National has since regained control of the area. security forces, providing essential Army and 82,000 Afghan National Po- With our help, the Frontier Corps is services, promoting economic develop- lice trained as of August. This brings building its capacity, and we just ment, and strengthening systems of the total number of trained Afghans to passed the Kerry-Lugar legislation, governance. slightly less than 200,000. Combine this which would triple economic aid to General McChrystal has rec- with 68,000 U.S. troops by the end of Pakistan. ommended a full counterinsurgency ap- the year, and 38,000 NATO forces, and On my most recent trip in Sep- proach in Afghanistan. As he mentions we have reached nearly 300,000. This is tember, it was clear the political secu- in his report, we should not resource slightly more than half of the requisite rity environment had improved, but I the mission without reconsidering the number of troops, and is overly-gen- still remain concerned about al-Qaida strategy, and focusing on troop levels erous in assuming that all trained Af- and its allies continuing to use Paki- or resources alone ‘‘misses the point ghan security forces are combat ready stan as a safe haven. entirely.’’ Therefore, I ask again, do we and effective. Just by comparison, in As we review our mission—taking have the requirements for an effective Iraq, a country of two-thirds the size, into account these three developments counterinsurgency strategy in Afghani- there are already more than 600,000 and changing conditions—we must also stan? In order to explore this question, trained security forces. consider the strategy used to meet our we must look at three key areas—gov- No one is suggesting we fill this enor- objectives. In March, the President an- ernance, training, and the civilian mous vacuum with American troops,

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10191 which is why we must focus on expe- other. This is why military officials in- Third, Pakistan’s ongoing tension diting training for the Afghans. And cluding Secretary Gates and General with India has limited its ability to re- this is what Senators LEVIN, REED, and McChrystal are some of the strongest spond fully to internal threats, such as I heard was wanted and needed by the advocates for a deepened civilian com- the Taliban. The Pakistani military Afghans themselves during our recent mitment to Afghanistan. To succeed in continues to see India as its number visit. counterinsurgency, we must do every- one threat, and has therefore hesitated In the Garmsir District of Helmand thing we can to expedite and increase to shift its focus from its eastern bor- Province, we met with more than one the recruitment and deployment of der to the west. This has improved in hundred local Afghans and tribal elders qualified civilians. recent months since the Pakistani who insisted they want to independ- Finally, when formulating an effec- military went into Swat, but any U.S. ently secure their own population. tive counterinsurgency strategy, we policy must take into account Paki- They realize the need for U.S. troops to must ask if we have developed a plan stani concerns about India. help to train and equip the Afghan Na- for reintegrating low- and mid-level Fourth, elements of the Pakistani in- tional Security Forces, and recognized Taliban. I am not suggesting we speak telligence service, or ISI, have at times that American assistance is needed to with Mullah Omar or other members of allied with the Afghan Taliban. On the accomplish this mission. But once the the Taliban leadership, but we must one hand, they want to hedge against a Afghans are able to provide security recognize there are many Afghans total U.S. total withdrawal from Af- for themselves, they will be ready for working with the Taliban for purely ghanistan, as we did in 1989, or a lim- us to end our military presence. In the economic reasons. One of the striking ited withdrawal as we did in 2003. On words of the elders—once the Afghan observations on my two trips was the the other hand, many in Pakistan security forces are trained, we will be fact that a primary concern of Afghans worry that an increase of U.S. forces in welcome simply as ‘‘guests.’’ In the is jobs, just like Americans. And if we Afghanistan may push extremists fur- meantime, we have to find a way to can offer economic incentives and al- ther into Pakistan. prioritize training, so Afghans can ternative sources of livelihood—espe- This view was expressed today by the eventually fill the security vacuums cially with regard to the drug trade—I Pakistani Foreign Minister in the with minimal American assistance. am hopeful that we can reintegrate Washington Post. Quoted in an edi- The third question regarding an ef- some insurgents ready to disavow vio- torial, Foreign Minister Qureshi stat- fective counterinsurgency strategy is: lence. This will not be quick or easy, ed, ‘‘If the likes of Mullah Omar take do we have enough civilians to imple- but the good news is that reintegration over in Afghanistan, it will have seri- ment counterinsurgency in Afghani- is possible, based largely on the model ous repercussions for Pakistan . . .’’ He stan, and how can we expedite the de- we successfully used for the Sons of went on to say that the Taliban’s ac- ployment and training of civilians? Iraq. tions in Afghanistan ‘‘. . . will have According to counterinsurgency You can see the complexities of de- implications on Pakistan and it will strategy, once the troops have cleared termining our mission and objectives have implications on the region.’’ and held an area with the support of are great, and multiple questions re- All of these considerations indicate Afghan Security Forces, civilians must main in developing an effective coun- the need for a sustained U.S. commit- partner with Afghans to build. And we terinsurgency strategy for Afghani- ment to Pakistan, which is why Con- need hundreds of additional civilians stan. But these considerations are only gress just passed the Kerry-Lugar bill on the ground to fulfill a wide range of half the story. and economic assistance package. This non-military requirements including Once we have reviewed the strategy is a $7.5 billion vote of confidence in improvements in agriculture, economic and mission, we must also consider the Pakistani people, meant to dem- development, essential services, and how our policy in Afghanistan impacts onstrate that our commitment to governance. Pakistan. As the President announced Pakistan is strong and enduring. It is We have heard lots of talk in Wash- on March 27, ‘‘the ability of extremists also meant to demonstrate that our in- ington about the need for a ‘‘civilian in Pakistan to undermine Afghanistan terests are not just limited to the bor- surge’’ to complement the additional is proven, while insurgency in Afghani- der with Afghanistan. troops President Obama has pledged for stan feeds instability in Pakistan.’’ In conclusion, as one can see in the Afghanistan this year. Many of those The relationship is clear and U.S. in- detail and number of questions that I civilians have been hired, and the State terests are inextricably linked, which have raised, this reassessment of our Department expects to have nearly is why the President adopted the re- Af-Pak strategy is about much more 1,000 civilians on the ground in Afghan- gional approach coined ‘‘Af-Pak.’’ than sending additional U.S. combat istan by the end of this year. I support In my view, there are four primary troops into Afghanistan. As Senator these efforts, but still believe that challenges in Pakistan that we must LEVIN has pointed out, talking about more must be done to build a stronger consider when formulating our strat- troop levels in Afghanistan is similar civilian capacity in Afghanistan. egy in Afghanistan. to talking about the public option in During a visit to Camp Atterbury in First, Pakistan is a vital security in- health care reform. Just as the public Indiana last week, I met with 38 civil- terest because it has become a safe option is only one element of the ians deploying to Afghanistan. At haven for al-Qaida, which has contin- health care debate, U.S. troop levels Atterbury, civilians train with the ued to train there and plan for future are just one element of a much broader military to cultivate an integrated ap- attacks on Americans. We know this set of issues in Afghanistan. proach and greater unity of mission. based on the arrest less than three The White House is now engaged in Like our soldiers, these civilians vol- weeks ago of Najibullah Zazi, an Af- the necessary process of evaluating re- unteer to leave their families behind ghan planning a large-scale attack in alities on the ground and questioning and put themselves in harm’s way to New York, who is believed to have underlying assumptions. I fully support better the future of Afghanistan. We trained with al-Qaida in Pakistan. this process. The questions I raise owe them and their families a debt of Second, Pakistan has nuclear weap- today are intended to contribute to gratitude for their service, and we ons and the delivery vehicles to use this ongoing review, so that we may must ensure they have the tools, sup- them. Therefore, political instability find the right solution. port, and training they need to suc- in Pakistan is not only a regional The stakes are too high for us to ceed. threat, but a larger global security in- carry on business as usual or to ignore Civilians serving in Afghanistan from terest. If Pakistan was destabilized or the changing dynamics in Afghanistan across the interagency are sharing trir if control over its nuclear arsenal was and Pakistan. This is why the Presi- expertise in everything from agri- compromised, it would pose severe se- dent should weigh all perspectives culture to governance, counter- curity repercussions. It would be a about conditions on the ground and the narcotics, accounting, energy, develop- nightmare scenario to have Pakistan region, our counterinsurgency strat- ment, and education. The role of the ruled by fundamentalist religious fa- egy, and the way forward in our mis- military and civilians are complemen- natics with ‘‘loose nukes’’ in the hands sion. I fully support the President’s tary—one cannot succeed without the of al-Qaida or other extremists. comprehensive approach, and I agree it

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10192 CONGRESSIONAL RECORD — SENATE October 7, 2009 is needed because we have to get this after me. It is a very simple but, I be- no opportunity to debate that or to right. We owe it to ourselves, we owe it lieve, a very important amendment. It adopt a new plan unless the census dis- to the American people, and we owe it says we are not going to do a census tinguishes between citizens and legals to the brave men and women who con- that doesn’t ask some basic questions and illegals, which my amendment tinue to serve with great courage, about citizenship and immigration sta- would demand we do. honor and sacrifice in Afghanistan. tus. This isn’t some theoretical issue. I yield the floor and suggest the ab- Specifically, the amendment reads: This is a very concrete issue, a very sence of a quorum. None of the funds provided in this act or meaningful issue about how much rep- The PRESIDING OFFICER (Mrs. any other act for any fiscal year may be used resentation each State has in the HAGAN). The clerk will call the roll. for collection of census data that does not House of Representatives. There are The bill clerk proceeded to call the include questions regarding United States many States that will lose representa- roll. citizenship and immigration status. tion from what they would otherwise Mr. MCCAIN. Mr. President, I ask I believe this is a vital amendment have if illegal aliens are counted in unanimous consent that the order for for two reasons. If we don’t adopt this congressional reapportionment. Spe- the quorum call be rescinded. amendment or other legislation, the cifically, the States of Indiana, Iowa, The PRESIDING OFFICER (Mr. census will move forward and will not Louisiana, Michigan, Mississippi, CARDIN). Without objection, it is so or- distinguish in any way between citi- North Carolina, Oregon, Pennsylvania, dered. zens and folks in this country legally and South Carolina would lose out. So AMENDMENT NO. 2629 WITHDRAWN and noncitizens. That, in my opinion, I wish to specifically speak to my col- Mr. MCCAIN. Mr. President, I have is absolutely crazy, again, for two rea- leagues in this body—Republicans and received assurances that there will be sons. Democrats alike—from those States: no blocks or impediments to consider- No. 1, the census is done every 10 Please support the Vitter and Bennett ation of the prescription drug importa- years to give Congress an important amendment No. 2644. It has a direct im- tion issue, which I and a number of us tool in terms of many things that Con- pact on whether you are going to have have been seeking a vote on for a num- gress and other bodies of government less representation in the House of ber of years. I have been given assur- do: funding, public policy, different Representatives or more. Let me be even more blunt. If you vote against ances that there will be no impedi- programs. Clearly, we need accurate, this amendment, you are voting ments to bringing that issue up when specific information about the illegal against the interests of your State. If health reform is before the Senate. alien question in this country. I as- you vote against this amendment, you Therefore, I withdraw the amendment. sume we will all agree, however we are voting for your State having less The PRESIDING OFFICER. The come down on the issue, that illegal representation in the House of Rep- amendment is withdrawn. immigration is a big issue and a big resentatives than they would if illegals Mr. MCCAIN. I yield the floor and problem. We debate that issue, we try are not counted in reapportionment. suggest the absence of a quorum. to solve that issue in different ways all Again, with that in mind, I wish to re- The PRESIDING OFFICER. The the time in this body. Yet we would do peat the list: Indiana, Iowa, Louisiana, clerk will call the roll. a census, we would spend tens of bil- Michigan, Mississippi, North Carolina, The assistant legislative clerk pro- lions of dollars on a census, and we Oregon, Pennsylvania, and South Caro- ceeded to call the roll. wouldn’t ask the question: Are you a lina. For Senators from those States, it Mr. VITTER. Mr. President, I ask citizen and, if not, are you in this is a vote directly about their State’s unanimous consent that the order for country legally or illegally? That is ab- own interests and their State’s rep- the quorum call be rescinded. solutely crazy. The census does ask those questions in the long form. They resentation in the House of Represent- The PRESIDING OFFICER. Without atives. objection, it is so ordered. are able to get the long form com- pleted. They are able to compile infor- More broadly speaking, I think the AMENDMENT NO. 2644 mation, but that is not the full census; huge majority of Americans would cer- Mr. VITTER. Mr. President, I ask that is a tiny percentage of the full tainly take the view I am suggesting, unanimous consent to set aside the population. which is we should not apportion Mem- pending amendment and to call up So if we are going to spend tens of bers of the House based, in part, on Vitter amendment No. 2644. billions of dollars every 10 years to do illegals. We should not reward States The PRESIDING OFFICER. There is a major census, it seems absolutely a for having large illegal populations and no amendment currently pending, so no-brainer that we would get full and penalize States that do not. I think the clerk will report. accurate information about the num- that is on a different planet from where The assistant legislative clerk read ber of illegals in this country. our Founding Fathers were in setting as follows: Secondly, and perhaps even more im- up the basic Democratic institutions of The Senator from Louisiana [Mr. VITTER], portantly, the single most important our country, and there is no more basic for himself and Mr. BENNETT, proposes an thing we use the decennial census for is and no more Democratic institution amendment numbered 2644. to reapportion the House of Represent- than the House of Representatives. With that, I urge all my colleagues, Mr. VITTER. Mr. President, I ask atives, to decide how many House Democrats and Republicans, to support unanimous consent that the reading of Members each State gets. Under the the amendment be dispensed with. this amendment. Federal plan, the way the census is de- I yield time to my distinguished col- The PRESIDING OFFICER. Without signed, the House would be reappor- league from Utah, Mr. BENNETT. objection, it is so ordered. tioned counting illegal aliens. States The amendment is as follows: The PRESIDING OFFICER. The Sen- that have large populations of illegals ator from Utah is recognized. (Purpose: To provide that none of the funds would be rewarded for that. Other Mr. BENNETT. Mr. President, I made available in this Act may be used for States, including my home State of thank Senator VITTER for proposing collection of census data that does not in- Louisiana, would be penalized. clude a question regarding status of United this amendment. It follows the idea of States citizenship) I believe it is very clear that when the bill I introduced a few weeks ago the Founders set up our representative On page 110, line 7, strike ‘‘activities.’’ and that is now S. 1688, the Fairness in insert ‘‘activities: Provided further, That democracy, they didn’t think of the Representation Act. none of the funds provided in this Act or any basic fundamental institutions of our My bill, obviously, will not pass be- other act for any fiscal year may be used for government as representing folks who fore we get so far down the road to deal collection of census data that does not in- come into the country breaking the with this issue. So it is appropriate for clude questions regarding United States citi- law, staying here illegally. I think it is the amendment to be offered, and we zenship and immigration status.’’ shocking to most Americans when they can accomplish the same thing with Mr. VITTER. Mr. President, I present hear we would even consider reappor- the amendment that would happen if this amendment on behalf of myself tioning the House of Representatives my bill were to pass. and my distinguished colleague from counting illegals, but that is exactly Since my bill was introduced, I have Utah, Mr. BENNETT, who will speak the plan now. Of course, we would have had three primary objections to it. I

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10193 wish to deal with each of those, be- ment. I want to use it today to deal I am happy to join my colleague from cause they would probably be raised with the question of the apportionment Louisiana in cosponsoring this amend- with respect to this amendment as of the voting powers in the House of ment. I hope our colleagues in the Sen- well. Representatives. If we go back in his- ate will see fit to support it. No. 1, you cannot ask somebody who tory, we find there was no more con- With that, I suggest the absence of a is an illegal alien to identify himself or troversial issue in the writing of the quorum. admit that he is here illegally when Constitution than the question of rep- The PRESIDING OFFICER. The you are doing the census calculation. resentation in Congress. Small States clerk will call the roll. Well, it may surprise some people to wanted it by State. Large States want- The legislative clerk proceeded to know that the Census Bureau already ed it by population. The great com- call the roll. asks for this information. It collects it promise came along that created this Ms. MIKULSKI. Mr. President, I ask on the ongoing American community body and said that membership in the unanimous consent that the order for survey. That is not as comprehensive Senate would come by State, and mem- the quorum call be rescinded. as the entire census. If it were, we bership in the House of Representatives The PRESIDING OFFICER. Without wouldn’t need to do it here. But the would come by population. But it was objection, it is so ordered. Census Bureau already has a track left up to the State legislatures to de- Ms. MIKULSKI. Mr. President, this is record of asking this question without termine how that population would be a new amendment for us. We had not running into that particular difficulty. apportioned. Each State was given a anticipated that this amendment—that The information collected by the cen- number of representatives based on the a debate on immigration and the value sus is 100 percent confidential under population. But the State legislatures of one person over another was going penalty of law, and the census takers could determine where the lines were to become a subject of discussion in an can make that clear to any individual drawn and how the districts would be appropriations bill. We would hope this who might be concerned about that. So created. We had a situation develop type of conversation would be taken up that is not a major problem. over time where States would draw a on comprehensive immigration. I know No. 2, people say, well, since the cen- line and simply leave it. People would my colleague from Utah, who is on the sus data is used to determine funding move from one congressional district Appropriations Committee—and both levels for a variety of programs, and to the other, but the line would not be are important to me, that he is from since the illegal aliens get involved in changed. There was a situation where Utah and that he is on the Appropria- the funding, if you do this, you will be there were many congressional dis- tions Committee—has thought this cutting funding for State programs tricts whose representation, numeri- through greatly. He raises some very that service the illegal aliens, and that cally, was substantially less than that important points. I have discussed this is not fair. The reality is that this of some other congressional districts in amendment with my leadership. I know amendment, and my bill, do not cut the same State. they want to take a more careful look funding. There is nothing in the bill This brought about a lawsuit that at this and also consult on its full that would say that funding formulas went before the U.S. Supreme Court. In ramifications. would change. This is an attempt to the decision in the case of Reynolds v. We are now talking about questions find out how many illegal aliens we Symms, issued in 1964, the Supreme being asked through the census and the have in this country and where they Court gave us the one man, one vote objective to be accomplished for that, live—the statistical information, rule, which said that the districts which the census was originally for which we do not fully have now, as a should be close enough in population counting people for tax purposes, iron- result of the American community sur- that, in effect, every voter had the ically. This is an apportionment ques- vey. We have a hint at it in the Amer- same weight of representation in the tion. So what we would like to do is go ican community survey, but we are ex- House of Representatives. into a quorum while we look at how we trapolating for that and making a If we have this tremendous number of may proceed on this amendment. guess. illegal aliens concentrated in a few Having said that, I want to reiterate Since the census is a once-every-10- States, we have an impact of changing the importance of the census being year attempt to discover what America the one man, one vote dictum of the taken every 10 years. The census must is like, who the Americans are, and Supreme Court; that is, a State with a be taken for the reasons that our col- where they live, it seems to me very large number of illegal immigrants will league from Utah outlined. No. 1, it de- logical that the census should add this see to it that its voters have greater termines the use of Federal funds, and particular piece of information to it. representation than voters where the that is why we count persons, because Well, after these two arguments have illegal immigrants are not. regardless of your status, you are a been made and dismissed, the third ar- All we ask in this amendment and in user of services—in some instances, gument—and we get this most strongly the bill I proposed is that the Census maybe even more than a user of serv- from the people at the Census Bureau— Bureau be instructed to ignore the ices. The second thing is with appor- is that it is too late, too bad; you presence of illegal aliens when allo- tionment. I think that is a delicate should have brought it up earlier, Sen- cating the number of representatives in matter that the Senator from Utah is ator BENNETT, but we started to print a State. As I say, it has nothing to do raising. This gets us into constitu- our surveys already and we cannot re- with the funding of programs, because tional questions. I am apprehensive print them; it is too late. the programs have to be funded where about it. Again, we are going to con- I wonder if they have ever thought of the people are, and we understand that. sult with the leadership. printing an extra sheet or extra card. I believe it is entirely constitutional Also, as we move forward on the You don’t have to reprint the whole that the allocation of the congressional issue of the census, we have to make survey if you have one additional ques- seats can be done on the basis of those sure we do have a head count. The Cen- tion you want answered. I have seen who are here in a legal circumstance. sus Department itself, right now, is books where there have been errors in As the Senator from Louisiana has under very serious duress. They were the book that have come out after the pointed out, this is not a trivial mat- late getting started on some of their book is published with an errata ter. There will be eight States that will issues. There has been an enormous sheet—that on page so-and-so this par- lose representation to four States if technological boondoggle with the ticular entry is not correct. It is not this is not done. Four States’ voters hand-held technology, the enumerator, that big a deal for the Census Bureau will be overrepresented in the House of with which I believe the Senator from to do some kind of addendum that Representatives because of the large Utah is familiar. We have been working could be printed and made available so population of illegal immigrants in with the previous administration, this we could solve this particular problem. those four States, and nine States will administration, and the Secretary of All right. Aside from knowing, what be underrepresented because of the fact Commerce to get the census straight- do we intend to do with this data if we that their voters do not happen to live ened out. My colleague said: Why don’t get it? Senator VITTER made reference in a State where there is a large popu- they just print one more piece of to this in his discussion of the amend- lation of illegal aliens. paper? One more piece of paper sounds

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10194 CONGRESSIONAL RECORD — SENATE October 7, 2009 simple. But everything we do that af- ber—or the vice chairman, some people own hometown of Baltimore, the U.S. fects the census at this point presents might call him—Senator SHELBY is the attorney has put together a special a logistical and financial challenge ranking member on the Banking Com- task force to be able to deal with this. that borders on a challenge to a night- mittee. We put our heads together on What does it mean? First of all, in mare. Again, we have calls in to the how we can fight mortgage and finan- the Federal checkbook, we put in $75 census that say, what will it take to do cial fraud. He brought great expertise million. This is going to increase the it? from his work on the Banking Com- number of these mortgage fraud task I have reservations about adding this mittee. We now are looking at what we forces around the country. We have a question, because I believe it will add can do, by putting the money in the very excellent one under Rod Rosen- to the logistics and costs. And No. 2, it Federal checkbook, to go after those stein, working in Baltimore, in our could be a deterrent to people answer- engaged in predatory practices, decep- State, right this minute. But we also ing those questions because of who else tive marketing and lending schemes. wanted to be able to go into States is in their household. The other thing Mr. President, you know from your with large rural populations and others is that we have many people in our background as a legislator and commu- that right now do not have them. country who are green card people, who nity leader that where there is need, Specifically, the funding will be used are here absolutely legally and justifi- there is often greed and often scams for the FBI to hire, as I said, new ably. Some are in our own community and scum doing it. We see it in the agents and forensic accountants. This at some of our community hospitals mortgage business. There are so many is highly specialized, but there are peo- and are working as nurses. And asking unsuspecting people who want just a ple with backgrounds in accounting this question and that question—I piece of the American dream who were with special training in forensics. It is don’t want to raise the issue of a deter- lured into some of the most deceptive like the CSI not only says ‘‘hi’’ to a rence and the ability to cooperate. practices that we have not seen in our test tube but says ‘‘hi’’ to the kind of I want to take a closer look at this country for several decades. They do accounting that will go after these amendment. While we do that, I sug- have names. They are antiseptic crooks. It is amazing how they can gest the absence of a quorum. names, but they mean a lot: predatory look at the books and know how people The PRESIDING OFFICER. The practices, deceptive marketing, lending have been cheating. We want the agents to be able to de- clerk will call the roll. schemes, flipping. The consequences tect and investigate and capture these The legislative clerk proceeded to have been enormous. During the past call the roll. white-collar criminals, but we also year, financial institutions have writ- Ms. MIKULSKI. Mr. President, I ask want our U.S. attorneys to prosecute ten off $500 billion in losses because of unanimous consent that the order for complex financial fraud. We want to be fraud in the subprime mortgage indus- the quorum call be rescinded. able to increase prosecutions by adding try—$500 billion in losses. That is a lot The PRESIDING OFFICER. Without U.S. attorneys. We are adding several when you think about what we have objection, it is so ordered. U.S. attorneys and support staff around had to do to try to stabilize housing, to The Senator from Maryland is recog- the country to be able to establish the nized. try to stabilize our mortgage industry. task force and work in the task force. Ms. MIKULSKI. Mr. President, I Numerous publicly traded financial in- We are very proud of our U.S. attor- know we are debating here the nature stitutions have declared bankruptcy or neys, and I believe our Attorney Gen- of the questions that should be asked have been taken over by the Federal eral, Eric Holder, is helping to restore on the census. Our colleague, Senator Government. I don’t mean to imply the integrity of our U.S. attorneys CARPER of Delaware, in a matter of that being taken over by the Feds was around the country. minutes is holding a hearing on the all due to the fact that they had been We believe in Maryland we have a census. At that hearing, he is going to involved in fraudulent schemes, but it very high-value functioning U.S. Attor- seek some clarification on this and re- is time to say: No more. ney’s Office, but they are swamped. port back to us. What we want to be able to do is to They are going after everything from As we continue the debate on that go after the scammers who caused drug dealers to other violent criminals, amendment, I also want to bring to the Americans to lose their homes, their and we also want them to have the re- attention of the Senate some of the life savings, and their dignity. Yes, I sources to go after the white-collar very important things that are in this worry about the financial institutions, crime. This is a crime. It is not as if bill. We want to move this bill forward. but I worry about people who put their just because it is white collar we often I want to move this bill forward. We money in the bank or took these loans don’t equate it as a crime, but for the will dispose of, in an orderly, civil, ra- that caused them, through balloon pay- Criminal Division at Justice, we are tional way, the pending amendment of ments, excessive interest rates, two, also encouraging them to step up their Senators VITTER and BENNETT on the three, four, five mortgages, all of which activity. Again, we are adding attor- census. But we also want to move this were unable to be sustained, to lose neys and support staff and putting the bill forward. We want to do everything their homes. We on this committee say money behind it to be able to do it. we can so that this bill passes by the and we want our Senate colleagues to We are also doing increased work in end of this week so we can go to con- say: No more scamming and scheming. the Civil Division to fund initiatives ference and be ready to move very im- No more preying on hard-working and to also litigate these cases and portant funding forward, particularly American families. make sure we not only detect them, we in the area of law enforcement. What did the Commerce, Justice, not only prosecute them, but we have This is absolutely a very compelling Science Subcommittee do? Senator MI- the lawyers and the support staff to do need. When we think about law en- KULSKI, you don’t have to use a lot of it. Support staff are paralegals, clerical forcement, yes, we can think about law rhetoric, but will it take a lot of people. But again, it is a unique kind of enforcement with illegal aliens. Yes, money? We are going to do it. We are crime. You have to come with multiple we can also think about law enforce- going to put $437 million in the Justice skills. You have to come being a great ment with violent criminals. We do Department to combat financial fraud lawyer or a great person who is part of deal with that in our bill. But we are and be able to do what we need to do. the legal team. You have to have also very much focused on white-collar This is a $63 million increase over fis- strong litigating skills, but you also crime. One of the areas on which we cal year 2009. We are going to hire new have to be well versed in financial serv- have worked on a bipartisan basis on agents, new attorneys, and new special ices and accounting practices. So we this bill is the issue of mortgage and fi- support staff—people who will be want to be able to bring them on and nancial fraud. So, as we are debating skilled in an exciting new field called be able to keep them as we go through amendments that are controversial, I forensic accounting. many of these other cases. want the people of America to know we Our FBI is going to play a major role These are the kinds of skills we need are on their side and we can do it on a in this. I talked personally with Direc- to not only go after white-collar crime bipartisan basis. tor Miller about it, as has Senator but also violent crime. Remember, we One of the great pleasures of being on SHELBY. We have gotten the FBI’s com- got Al Capone, not in the act of rob- the committee is my ranking mem- mitment to really beef this up. In our bing a bank but cheating on his taxes.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10195 It was that brilliant FBI generation One of the things this legislation will At the time, my husband worked at a where you had to be either a lawyer or do is bring more competition into the small, struggling business. He was essen- accountant to work for the FBI. Now, system. One of the choices, according tially tied to a job that didn’t pay our bills, but we needed [his] insurance. again, lawyers and accountants are to the Health, Education, Labor, and After each hospital visit, the insurance welcome at the FBI. But they caught Pensions Committee bill and three company would send us a letter denying a Al Capone cheating on his income tax. bills that have passed the House of portion of the stay unless a doctor could jus- It was one of the ways we could nail Representatives, until we come forward tify the hospitalization. him. in final passage, and passed the com- In addition, at the end of every quarter, I am not saying we are going to be mittee in the House of Representatives, the insurance company raised the premium for each worker in my husband’s business. nailing people for cheating on their in- includes—the menu of choices people Finally, my husband took what little sav- come tax, but we are going to nail peo- have for insurance will include a public ings we had and started his own business— ple who cheated and schemed and option. So people will be able to choose only to be told my daughter was uninsurable gouged against innocent people who Aetna or CIGNA or, if they are in Ohio, because of her preexisting conditions. She fi- wanted to buy a home—through acting Medical Mutual, a not-for-profit med- nally got insurance through the State. like loan sharks, having phony ads, ical mutual insurance company, or I am guessing it was the SCHIP plan having fine print so that you bought a they will be able to choose the public we passed 2 years ago that President home in the large print and you lost it option. Bush vetoed; then we passed it again in the fine print. We want to make sure Having the public option there will, this year, and it was signed into law by those people know how to read the fine No. 1, keep the insurance industry hon- President Obama. print and know what it means. est and make sure some of the gaming She finally got insurance through the While we are debating this bill and of the system and throwing people off State. But Betsy from Lake County is we are looking at those things that are insurance and disqualification because asking: How is it possible in America going to focus on topics outside the of preexisting condition or discrimina- that a now 8-year-old girl is branded as scope of this bill, we want people to tion based on age or gender—those uninsurable. This speaks to all the know we are on their side. For every- things won’t happen because the public problems that have happened in your body who is stretched very thin finan- option will be an option and will give health care system. Some 3 or 4 years cially, trying to keep their head above people more choice in competing with ago, Betsy thought she had no prob- water, and trying to buy their home, the insurance industry to keep costs lems with health insurance. Her hus- we want them, at least when they go to down. band was employed in a decent job that get a loan or to refinance it, to be deal- Mike from Richland County, where I sounded like he had health care insur- ing with honest, reputable dealers. grew up, the Mansfield area: ance. They were covered. They had a Let’s foreclose on the bad guys and My mother-in-law has worked hard all her small child. But when their child got sick, they stop the foreclosure on homes. life. But today, she can’t afford her medica- I yield the floor. tion, which she takes only when she can af- found out their insurance was not near- ford them. She cuts them in half and takes ly as good as they thought it was. It is The PRESIDING OFFICER. The Sen- them every other day. I have coworkers and ator from Ohio is recognized. an old story and a way too common friends with their own stories. They have story in our great country that the fine HEALTH INSURANCE worked hard all their lives and paid their print of an insurance policy so often Mr. BROWN. I appreciate the com- taxes, but are worried what happens when ends up denying people care. So often ments of the senior Senator from they get sick or if they’ll have enough sav- they have to take huge expenses out of Maryland—the junior Senator from ings to retire. pocket. Betsy did. So often they raised Maryland is presiding—and especially As we have discussed, the whole the premium every quarter for every- their work jointly on housing issues point of the public option is to keep prices down. The whole point of the one else in the small business. and how important that is. If you are in a small business and you I come to the floor pretty regularly public option is to compete so that in- have 20 employees and one of those em- to share letters from people in my surance companies no longer game the system. ployees gets sick, as Betsy’s daughter State, in Ohio, letters about health did, then everybody’s premium goes up care. These are typically people who We know that the insurance system without the public option doesn’t have to the point that the company can no had health insurance with which they longer afford insurance or sometimes were satisfied and who thought they the kind of competitiveness it needs to keep the insurance companies honest, the insurance is actually canceled for had good health insurance policies, all the employees. were maybe concerned about job loss— to give people full choice, and to keep prices in check and keep quality of the Then last, this little girl, this 8-year- certainly because that is too common old, was uninsurable when Betsy’s hus- in our country now—but were gen- insurance coverage better. I hear people all over—not just from band changed jobs and became self-em- erally satisfied with their health insur- ployed. She could not get insurance. ance until someone in their family got Mansfield, but I hear people all over our State—complaining and asking for The family could not get insurance be- very sick and they lost their insurance cause of the daughter’s preexisting or it got so expensive that they de- the public option because it gives peo- ple that ability to compete. It makes condition. That is what this health clared bankruptcy or all kinds of prob- care bill is all about. That is what the lems that happen too often in our the insurance companies better, it keeps prices in check, and it will mean public option is all about. health care system. I would like to The health care bill will simply allow more competition in those parts of read four or five letters, if a could for small businesses to go into the health Ohio. In Cincinnati, only 2 companies a moment. insurance exchange so they can spread have 85 percent of the market. I know I ask unanimous consent to address out in a much larger insurance pool, so those same kinds of things happen in the Chamber as in morning business. one person, very sick and getting a the State of the Presiding Officer, in The PRESIDING OFFICER (Mr. very costly illness, will not blow a hole Oregon, where the public option will MERKLEY). Without objection, it is so in the insurance coverage. ordered. mean more competition, better choice, Our legislation will eliminate the de- Mr. BROWN. David from Cuyhoga keeping prices down. That will matter nial of care for preexisting conditions. County, Cleveland, northeast Ohio: for all of us whether we choose the pub- No more raising premiums indiscrimi- My family’s health care costs have tripled lic option or whether we choose to go nately the way they do. Having the in five years. I have a generous employer- into a private insurance plan. public option will exert that discipline provided plan and my employer has done Betsy from Lake County writes: on the private insurance companies what it can to use its purchasing power to I never thought in a million years that that they are going to have to com- buy competitive coverage. But the co-pays health care reform was necessary for me. Our and deductibles go up astronomically each family was covered and thought that was pete. They cannot indiscriminately year while covering fewer services. We need enough. But recently my 5-year-old daughter raise premiums on worker after work- to cover everyone and find ways to reduce got sick with cancer. Over two years, she was er, on employer after employer, on costs across the system to promote a sus- hospitalized 37 times and treated with chem- small business after small business tainable health care system in America. otherapy and countless medications. after small business.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10196 CONGRESSIONAL RECORD — SENATE October 7, 2009 In Betsy’s case, as sad as it is, as Marti understands the importance of a insurance at a big corporation, where tragic as it is, although she is now get- public option there. So when their they can spread the cost around among ting insurance through the State daughter does, under our bill, when dozens or hundreds or thousands or health insurance program, it sounds their daughter does turn 26, she will tens of thousands of people. like, as much anxiety as she must have then be faced with, if she does not have Second, our bill will provide a tax faced in the last 3 years as her daugh- employer insurance, she will then be credit for small businesses to insure ter got so sick as a 5-year-old, and at faced with does she want to go into a their employees, so they will get some the same time, while combatting her private plan or does she want to look help that way. daughter’s illnesses and going into the at the public option. She will have the Third, where Jason can decide in- hospital 37 times, as she points out, she choice. stead to go directly into the insurance had the anxiety, this family always The choices will be much better be- exchange we set up in the HELP Com- had the anxiety in back of their minds cause we have changed the rules. No mittee in our legislation. The insur- that they were going to lose their in- more preexisting condition denial of ance exchange will give him the oppor- surance and what were they going to do care, no more annual caps on benefits. tunity, give him a choice, a full choice: to take care of their daughter. So if you get sick, and it is expensive, Do you want a private plan? Do you That is why the public option is so you will lose your insurance. No more want Aetna? CIGNA? Medical Mutual? important to people; that security and of that. No more discrimination based Or do you want the public option? We that understanding that they are, in on disability or age or gender or geog- know that choice will be less expen- fact, protected, that their insurance raphy. The public option will make sive. We know that choice, because of cannot be taken away from them, that sure the insurance companies do not the public option, will stop the insur- their insurance company cannot deny game the system. ance companies from denying Jason or this little girl the care and coverage The last letter comes from Jason one of his coworkers coverage because because she has this ‘‘preexisting con- from Cuyahoga County. Jason says: of a preexisting condition. We know dition,’’ a term I hope will not be in I sand and refinish hardwood floors for a the public option will stop the insur- the American vocabulary, in the living. I work for a small business with only ance companies from discriminating English vocabulary, come this time four employees. Unfortunately, my boss can- against people based on gender, dis- next year. not get a group discount for health insurance ability or geography or age. Marti, from Franklin County, central because there is not enough of us to qualify We know the public option will en- Ohio, Columbus area, writes: for one. I am 24. I make $1,500 a month de- force all these rules on the insurance pending on how much work we have. I live on I am writing to urge you to support health companies and help to keep prices my own. I cannot afford health insurance on care reform that would reduce costs, would my income. I am in good health, but that down because of the competition. The offer choice, including a public option, and can change in the blink of an eye with the whole idea of the public option is about would provide quality care. My wife and I work I do. If or when I get hurt while at choice. It is about keeping prices down. have coverage, but our daughter is one of the work, I will not be able to make any more It is about making this insurance bill millions of uninsured. After college she money and will have to drain my savings to could not find a job with health benefits. She cost significantly less because people get well enough to work again. Please vote incurred considerable debt paying for out-of- will have that choice and that competi- yes on health care reform with a public op- pocket doctors visits and prescriptions. We tion we inject into the system. tion. need health reform that will benefit Amer- Last, as I have said, the public option ican families. Jason, in the Cleveland area, sums it will help to make sure that even Marti, from Franklin County, asks up here. A young man who is working though we have passed these new rules for choice, including a public option. hard, four of them starting a business. to keep the insurance companies from She understands, as the majority of They have jobs. They are creating jobs. gaming the system, the public option Ohioans do and a majority of people in They are the kind of people we want to will help us enforce those rules so the this body understand, that the public help. People working hard, playing by company cannot game the system the option gives people one more choice: the rules, saving some money. Even at way they have too many times in the Do they want to go with CIGNA? Do his relatively low income, he is saving past. they want to go with Aetna? Do they some money. But he is praying every As we move forward in the next few want to go with Blue Cross? Do they day he does not get hurt in a job that weeks, we know that four committees want to go with Medical Mutual Ohio? workplace injuries are not all that un- in the Congress, three in the House of Do they want to go with the public op- usual. Representatives, the Education and tion? Give them that additional choice. Are we going to turn our back on Labor Committee, the Ways and Means That is what Marti is asking for her- someone such as Jason in Cuyahoga Committee, and the Energy and Com- self, for her daughter, and for her County or are we going to say: Well, merce Committee, plus the HELP Com- neighbors. But Marti also pointed out tough luck. We hope you do not get mittee in the Senate on which the Pre- that her college graduate daughter lost hurt. If you do, then we hope you get siding Officer sits, that those four com- her insurance. One of the things our well soon. mittee have all passed a good health legislation does is it says to an insur- But a guy such as Jason, he loses his care bill, very important assistance to ance company: You cannot drop a col- job, he gets sick or he gets injured on small business, wellness and prevention lege student after college. They can the job, he is out of work. He may be programs, and a strong public option. stay in the plan until they are 26. able to get disability for a little bit. He Only one of the five committees has So we understood, as we wrote this might be able to get unemployment not passed the public option. We know bill, that the junior Senator from Or- benefits for a little bit, maybe. But that. We know, second, the public op- egon helped write in the HELP Com- probably not if it is an injury on the tion will help us keep costs in check. mittee, that there are an awful lot of job or if he is sick. That is what is so important about it. young people, the pages sitting in front But what do we have for him to help We also know an overwhelming major- of us may face this—they are not going him get through the day? He cannot af- ity of the public, something like 2 to 1, to face it because we are going to fix it. ford insurance because there are only support the public option and would But they would have faced that, their four of them. They pay exorbitantly like to see the public option as part of older brothers and sisters might, when high rates. What our legislation would this legislation. they join the Army, leave home or fin- do is give Jason several choices. We know in a recent doctors’ survey, ish college. At 22 or 23 or 24 years old, It would mean Jason could, with his a Robert Wood Johnson survey, that so many people lose their insurance, small business of four people, go into a more than 70 percent of this Nation’s sons and daughters of people who have public option or get private insurance doctors support the public option. insurance. but go into a larger pool of workers so Why? Because they have been used to Under our bill, the company must the costs would be shared and the price dealing with insurance companies that keep you on the policy, if you so would be much less. We know insur- deny care, that pay them late, that choose and if your parents so choose, ance for one person or five people is hassle them on bill after bill after bill. until your 26th birthday. As I said, much more expensive per person than The doctors in this country, the real

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10197 frontline doctors and nurses and phys- agent, that one of the reasons they As we have seen in the past few ical therapists and speech and hearing could afford it is they could go into the weeks, investigations in Texas, Illinois, therapists, they understand that in health exchange or the public option— Colorado, and New York confirm what overwhelming numbers a public option would the public option not only offer we already know: there are people in will be good for them and more impor- insurance but offer bargaining power this country who want to and intend to tantly good for their patients and good for better prices on insurance? They harm us. The only way to stop these for this country. could bargain for better prices from terrorist operatives is to give our coun- It is pretty clear an overwhelming hospitals, doctors, and pharma- terterrorism specialists the tools they number of people in this country, an ceuticals? depend on to detect these plots, thwart overwhelming number of people in both Mr. BROWN. That is exactly right. attacks, and, if possible, arrest the per- Houses support the public option. I am Ms. MIKULSKI. In other words, why sons planning these operations. confident it will be part of the bill. It would a little guy or gal not only want I am troubled by the fact that we are is important that it is, because it will to be able to buy in, not only would the rushing this bill through committee make this health care legislation, al- price be exorbitant, or is it that it without taking the time to consider ready a pretty good bill, significantly would be an Uncle Sam’s club that is the concerns of those charged with de- better. buying things at bulk rate that enables tecting terrorist plots. I urge my col- I yield the floor. them to afford the services? leagues who are ready to stand up and Ms. MIKULSKI. Sorry I cannot Mr. BROWN. The Senator makes a say this bill will not adversely affect stand. As the Senator from Ohio terrific point. The man she talked current and future investigations to knows, of course, from the chair I am about, Jason from Cleveland, who stop for a moment and listen to the sitting in I have become an expert on sands and refinishes hardwood floors, professionals who use and need these health care from the wheelchair up. I he was only in a group of four. You tools on a daily basis. Do not just hear broke my ankle coming out of church a can’t get good prices in a group of four. their concerns, really listen to them. couple weeks ago. He would be joining a group of mil- Many of these professionals were But I would like to ask the Senator lions, whether he chooses a private around before September 11, and they from Ohio to yield for a few questions. company or especially the public op- remember how difficult it was to act I was taken by the three vignettes he tion. The Senator knows, from her quickly to collect basic information just told. They are fairly representa- work with the number of Federal em- about terrorists. Three provisions of the PATRIOT tive of what I get from Maryland. I ployees she has in the Washington, DC, Act are set to expire on December 31, would like to talk about the young girl area and the suburbs of Maryland that 2009. These are roving wiretaps; busi- who had graduated and was deluged the Veterans’ Administration is able to ness records access, also referred to as now with the debt of medical bills and negotiate for prescription drugs. The section 215 business records; and the the public option. VA pays probably no more than half as lone wolf provision. At this time, the Is the Senator familiar with the fact much for prescription drugs as any of lone wolf provision has yet to be used. that there are 47 million uninsured in us going to the drugstore would pay. It was created in response to the our country? Does the Senator from The public option will work the same Moussaoui case. The provision amend- Ohio know how many of those are be- way. They will use the size. The larger ed FISA’s definition of an ‘‘agent of a tween the ages of 18 and 30? pool of employees will be able to get foreign power’’ to include any person, Mr. BROWN. I do not know the pre- much less expensive hospital, doctor, other than a U.S. person, who ‘‘engages cise number. But I know it is millions and prescription drug costs. in international terrorism or activities of them are that age who lose their in- Ms. MIKULSKI. I thank the Senator. in preparation therefore.’’ surance and do not get insurance and Mr. BROWN. I thank the Chair and The expanded definition allows the hope they do not get sick. suggest the absence of a quorum. government to obtain a FISA, Foreign Ms. MIKULSKI. Well, again, for The PRESIDING OFFICER. The Intelligence Surveillance Act, court background in continuing the discus- clerk will call the roll. order to surveil a non-U.S. person who The legislative clerk proceeded to sion. That is 35 percent of the unin- has no known ties to a group or entity. sured. So is the Senator aware that if call the roll. Congress passed this lone wolf provi- Mr. HATCH. Mr. President, I ask we followed through with the HELP sion because it was concerned that pre- unanimous consent that the order for Committee bill and the public option vious FISA definitions did not cover the quorum call be rescinded. and also private sector competing with unaffiliated individuals—or those for The PRESIDING OFFICER (Mr. the public option offer, a reasonably no whom no affiliation can be estab- BEGICH). Without objection, it is so or- frills, reasonable cost health insurance lished—who, nonetheless, engage or are dered. bill for young people, especially young preparing to engage in international people’s benefit, that we would cover 35 USA PATRIOT ACT SUNSET EXTENSION ACT terrorism. percent of the uninsured? Mr. HATCH. Mr. President, today I FBI Director Mueller has asked spe- Mr. BROWN. I think that is right. As rise to express my concerns about the cifically that this authority be ex- the Senator knows as a senior member PATRIOT Act Sunset Extension Act. tended so if the FBI comes across an- of the HELP Committee who wrote This bill, which is currently before the other ‘‘Moussaoui,’’ there will be no some major part of this bill, we are not Senate Judiciary Committee, could doubt that the FBI can intercept that only going help those 25-, 28-year-olds have dire consequences on intelligence target’s communications. This seems buy insurance through the public op- collection and investigations. While I reasonable to me. We would not tell a tion or through private insurance, as have several concerns about the provi- police officer he had to give up his gun the Senator suggests, we also, if they sions in this bill and how they will ad- simply because he has not used it yet, are low or moderate income, give them versely affect the intelligence commu- would we? assistance to be able to afford these nity, particular attention should be The other two provisions set to ex- plans. given to what our intelligence profes- pire are roving wiretaps and business We are not going to say: Go out and sionals have said about this bill. records searches. These tools are ex- buy insurance. We are going to keep Stakeholders in the intelligence com- tremely important in the FBI’s inves- the cost down through competition but munity and the FBI have expressed tigative work, and the FBI has a solid also help them with some kind of sub- concern that this bill will have serious track record of using them too. From sidies to help them buy that insurance. consequences on the tools those agen- 2004 through 2008, the FBI has obtained Ms. MIKULSKI. Can I go to the man cies rely on to carry out intelligence 236 orders from the FISA court to who sands floors for a living, the small investigations, identify operatives, and produce business records. The business businessperson whom we worry about prevent future attacks. These tools are records authority has been exception- who is a self-employed person. Under critical for detecting and disrupting ally useful in many types of national the Senator’s concept of a public op- terrorist plots in the United States be- security investigations. It routinely tion, is it true then that whether it is fore they become imminent threats to gives the intelligence community im- he or a florist, maybe a real estate our safety. portant information that can be used

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This informa- trative errors identified by the IG Senate Judiciary Committee’s over- tion is routinely obtained with little could be solved easily if the FBI had a sight hearing of the FBI, I asked Direc- oversight in criminal investigations. national security administrative sub- tor Mueller if he supported the reau- NSLs are narrow in scope and already poena—one type of subpoena for all na- thorization of these tools. He told me have multiple layers of oversight and tional security records—just as the these tools are extremely important to built in protections for privacy. FBI, DEA, postal inspector, and a host investigations, and he hoped the tools Some on the left have maligned NSLs of other agencies have in other types of would be extended. Director Mueller as a sinister and baleful device from criminal and administrative matters. has repeatedly expressed his support of George Orwell’s ‘‘1984.’’ The source of Those on the left who would prefer these tools to other Senators and com- this accusation is clear: these critics that the FBI not have NSL authority mittees. have misread the findings outlined in ignore the many investigative suc- In September, Director Mueller ap- the DOJ inspector general reviews of cesses attributed to this basic tool out- peared before the Senate Homeland Se- the FBI’s use of National Security Let- lined in the IG reports. For example, curity and Governmental Affairs Com- ters. NSLs have provided information iden- mittee. Chairman LIEBERMAN asked the In March 2007, the inspector general tifying terrorist financiers, revealed Director if there was one thing that released its first report in which it key information regarding pre-attack the Bureau needed that would assist in criticized aspects of the FBI’s use and behavior, and detected an attempted its counterterrorism mission. Director record keeping of NSLs. I have re- espionage plot by a government con- Mueller responded by saying: viewed the full report and it is clear to tractor. The reports are unequivocal: I’ll leap into the fray and say yes, the PA- me that the errors identified by the IG NSLs are indispensable tools to na- TRIOT Act is going to be debated. I know with respect to NSLs are largely ad- tional security investigations. Unfortu- these provisions are essential to us, particu- ministrative in nature. Some critics nately, certain provisions in the S. 1692 larly the first two which relate to business have been quick to point to the IG’s substitute will undoubtedly have a neg- records and secondly the roving wiretaps. ative effect on their operational effica- And third, while it has not been used, the criticism of the FBI’s use of what are called ‘‘exigent letters’’ as a reason to ciousness. lone wolf will be and is important if we get But NSLs aren’t the only tool that clamp down on the use of NSLs. But a similar situation that we had with will suffer under this substitute. New Moussaoui in 2001. So I would urge the reen- this is simply not supported by the evi- and, frankly, unprecedented minimiza- actment of those provisions. dence. Exigent letters are not—I repeat tion requirements would wreak havoc In his response to Chairman not—national security letters and the on ordinary pen registers; unreasonable LIEBERMAN, Director Mueller also en- IG’s findings should have no impact on and confusing standards of proof will dorsed National Security Letters as a whether current NSL authorities re- delay, and even prevent, usage of basic vital tool in gathering information. He main intact. tools; new reporting requirements In March 2008, the IG issued a second further stated that NSLs contribute to could compromise sources and meth- the success of investigations through report that reviewed the corrective ods; and sneak-and-peek search war- ‘‘information we can gather, not of measures as a result of the first report. rants have been rendered useless. My substantive conversations but of tag The IG found that the FBI and DOJ greatest fear is that this bill will re- data or the telephone toll data that we were committed to correcting and im- duce our terrorist detention capability can obtain by reason of National Secu- proving the earlier identified adminis- to the standard we possessed in the rity Letters. So it is retaining these trative problems with NSLs. The re- days preceding the horrific attacks of capabilities that is important. port also stated that the FBI has made September 11, 2001. National Security Letters have come significant progress in addressing com- I have a profound respect for the fine under fire from some on the left, and pliance issues and implementing rec- men and women who serve our country the substitute takes aim at them as ommendations. in our law enforcement and intel- well. Currently, NSLs cannot be used Under the leadership of Director ligence communities. Their focus, vigi- to wiretap citizens, scan e-mails, or Mueller, the FBI has made great lance, and attention to detail are crit- conduct any kind of intrusive surveil- strides in correcting previous errors as- ical in intelligence collection, analysis, lance. NSLs simply allow the govern- sociated with NSLs. For example, they and detection of terrorist plots. Only ment to retrieve the sort of trans- have revised and clarified policies and occasionally, as in the past few weeks, actional records that are extremely increased training on the proper does the American public hear about useful in uncovering terrorist activi- issuance and handling of NSLs. They the successes that their tireless efforts ties. created the Office of Integrity and and these basic tools bring about. But NSLs are the most effective method Compliance to ensure that the FBI con- here in Congress, we know the truth of obtaining this routine data that is tinues to comply with applicable stat- and we should do all in our power to critical to detecting, monitoring, and utes, guidelines, and policies. help these professionals do their jobs. I undermining terrorist activities. They Most significantly, the FBI mandated am reminded of the quote attributed to are also regularly used to rule out indi- the use of a Web-based, automated NSL British Prime Minister Winston viduals as terror suspects. Intelligence creation system that prompts the Churchill, who said: investigations are a mosaic. Each bit of drafter to enter all information nec- We sleep sound in our beds because rough information is laid out and compared essary to create an NSL. This system men stand ready in the night to visit vio- to other data. When these records are supplies the appropriate statutory lan- lence on those who would do us harm. compared to other facts or informa- guage and ensures that the NSL and We should never lose sight of the fact tion, they become the tiles that com- the supporting memorandum are inter- that we are at war. One of our greatest pose the picture and provide investiga- nally consistent. An NSL can be issued assets in this war is the ability to de- tors with the identities of confederates from this system only after all the re- tect, investigate, and disrupt terrorist and operatives. quired officials have approved it within plots, the purpose of which is to harm The Supreme Court has clearly stat- the system. This system will go a long our citizens on our own soil. ed the fourth amendment is not impli- way toward curing the administrative Neither this substitute nor its origi- cated when these types of records, held errors identified by the IG. nal bill is an improvement to the PA- by third parties, are shared with the Although both reports show that the TRIOT Act. I believe firmly that this government. The High Court has rea- FBI has sometimes struggled to meas- bill could reduce our intelligence col- soned that citizens hold no expectation ure up to its own internal standards in lection capability to the level that ex- of privacy when such records are cre- using NSLs, they also reveal that inci- isted before the attacks of 9/11. I urge

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The bill ap- estry for over 30 years and have owned ing PATRIOT Act provisions and reject propriates over $500 million for fraud and operated Gully Branch Farm since any measure that would tie the hands enforcement, a 10-percent increase over 1987 when they purchased the initial of those charged with safekeeping and last year. At the FBI, it adds funding acreage. safeguarding our great Nation. for 50 new agents, 61 new forensic ac- This land is very special to the Barrs Mr. President, I yield the floor. countants, and 32 professional support and they have a long family history The PRESIDING OFFICER. The Sen- staff, all devoted to investigating fi- connected to it. Earl’s great-grand- ator from Delaware. nancial fraud. As a result of this in- father and grandfather sharecropped Mr. KAUFMAN. Mr. President, I crease and other resource allocation the land for years and, as a teenager, thank Chairman MIKULSKI and Rank- decisions by the FBI, we now will have he spent countless hours hunting and ing Member SHELBY for their work on investigative resources approaching fishing there. this bill. I rise today to speak about those devoted to the savings and loan Wanda has used her background in the importance of strengthening the crisis. The bill also adds funding for 155 education to create an outdoor envi- Federal Government’s ability to inves- new lawyers and 49 support staff in the ronmental classroom at the farm. Stu- tigate and prosecute the kinds of finan- Department of Justice and U.S. Attor- dents, teachers, and forestry profes- cial crimes that have contributed to neys offices, all dedicated to financial sionals from all over Georgia visit our financial crisis. I am pleased this fraud enforcement. their farm to learn about the benefits appropriations bill adds significant re- I was proud to join with Chairman and science of sustainable forestry. sources for fraud enforcement, thanks LEAHY and Senator GRASSLEY in spon- They are then able to take that knowl- to Chairwoman MIKULSKI and her com- soring the Fraud Enforcement and Re- edge back to their respective commu- mittee and their attention to this crit- covery Act. I look forward to working nities and teach others about the im- ical issue. with them and our colleagues on the portance of forest stewardship. Every In May, Congress passed the Fraud Judiciary Committee to make sure April, the Bleckley County Schools Enforcement and Recovery Act or these significant new resources are bring thousands of students to Gulley FERA. In the aftermath of September used wisely and effectively. Branch farm to have fun and partici- In closing, I thank Chairman INOUYE 11, Federal law enforcement resources pate in educational activities. Students as well as, again, Chairwoman MIKUL- were shifted dramatically, and under- enjoy wagon rides and learn about the SKI and Ranking Member SHELBY for standably, to counterterrorism. different aspects of sustainable forest making funding for financial fraud en- One of the central features of FERA management. was to authorize the appropriation of forcement a high priority of this bill. I This is not the first time Earl and look forward to working together going substantial resources to rebuild our ca- Wanda have been recognized for their forward to make sure that as the econ- pacity to attack mortgage fraud and achievements in forestry. They were omy recovers, we do not lose sight of other white-collar crime. FERA was named the 2008 Georgia Tree Farmers the importance of fully funding en- passed with overwhelming bipartisan of the Year and the 2009 Southern Re- forcement efforts, not only to uncover support. The vote was 92 to 4 in the gional Tree Farmers of the Year. In and prosecute financial crimes that Senate, demonstrating our shared com- 2006, they received the Outstanding have already been committed but also mitment to this effort. Achievements in Sustainable Forestry to defer future crimes. Prosecuting bad Today’s economic crisis has many Award, and Wanda has been named the people won’t put an end to bad behav- causes, from serious regulatory failures Georgia Project Learning Tree Educa- to recklessness and greed. While we ior, but it will have an impact on those people in the mortgage industry, on tor of the Year in both 1990 and 1995, as still have much to learn about what well as the National Outstanding Edu- happened, one thing is absolutely cer- the trading desks, and in the board- rooms who might be tempted to put cator of the Year in 1996. tain: We need law enforcement inves- I am proud to see the National Tree tigators and prosecutors with ample re- greed ahead of the law. Thank you, Mr. President. I yield the Farm of the Year award brought to sources and training to drill down now. floor and note the absence of a quorum. Georgia and look forward to continuing Only a targeted and thorough inves- The PRESIDING OFFICER. The to work with Earl and Wanda to de- tigation can find out the extent to clerk will call the roll. velop policies that will promote sus- which financial fraud contributed to The bill clerk proceeded to call the tainable forestry management for gen- the crisis and identify the individuals roll. erations to come. involved who should be held respon- The PRESIDING OFFICER. The Sen- I yield the floor and suggest the ab- sible. ator from Georgia. sence of a quorum. We need to look at the mortgage bro- Mr. CHAMBLISS. Mr. President, I The PRESIDING OFFICER (Ms. kers who engaged in systemic fraud. ask unanimous consent that the order STABENOW). The clerk will call the roll. But we must also examine the financial for the quorum call be rescinded. The bill clerk proceeded to call the institutions that pooled subprime The PRESIDING OFFICER. Without roll. mortgages and sold them with knowl- objection, it is so ordered. Mr. INHOFE. Madam President, I ask edge that they were toxic, the credit Mr. CHAMBLISS. I ask unanimous unanimous consent that the order for rating agencies that failed due to con- consent to speak as in morning busi- the quorum call be rescinded. flicts of interest to grade the assets ness. The PRESIDING OFFICER. Without properly, and the investment banks The PRESIDING OFFICER. Without objection, it is so ordered. that failed to disclose the fair value of objection, it is so ordered. Mr. INHOFE. Madam President, I ask the toxic assets on their books. RECOGNIZING EARL AND WANDA BARRS unanimous consent to be recognized as In order to restore the public’s faith Mr. CHAMBLISS. Mr. President, I in morning business. in our financial markets and in the rise today to recognize two of my con- The PRESIDING OFFICER. Without rule of law, we must identify, pros- stituents, Earl and Wanda Barrs from objection, it is so ordered. ecute, and send to prison those individ- Cochran, GA. Last Wednesday, the TRIBUTE TO SENATOR EDWARD M. KENNEDY uals who broke the law. If we do less American Tree Farm System named Mr. INHOFE. Madam President, it than that, we will fail to serve the Earl and Wanda as its 2009 National was called to my attention a few min- American public and we will risk his- Outstanding Tree Farmers of the Year. utes ago that our deadline for com- tory repeating itself. But these cases This award is presented by the Amer- ments about Ted Kennedy is coming up are extremely complex. In this area, ican Forest Foundation through its tomorrow. I wanted to beat the dead- the bad guys have substantial re- ATFS program and recognizes out- line. I always wait until the last sources at their disposal to fend off in- standing sustainable forest manage- minute, it seems. One of the reasons I vestigations. We need to remain vigi- ment on family-owned woodlands. did is because there are so many things

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10200 CONGRESSIONAL RECORD — SENATE October 7, 2009 people are not aware of, so I took the say this: I testified probably 2 or 3 Barring immediate and dramatic progress, time to send to places such as Western years ago at a House committee hear- the peace plan for the Western Sahara is des- Sahara and elsewhere to get documents ing. At that time, we made a list of all tined to fail. If the peace plan is to succeed, that better explained a little bit more the lobbyists Morocco had hired. They the United States must do more to make clear—through deed as well as word—its about who Ted Kennedy was than has had everybody. The money was all on commitment to a free and fair referendum already been stated on the floor of the one side, and only the Lord and a few for the indigenous Saharawi people. Senate. people who were sympathetic to them The Western Sahara is the last vestige of I have a good friend whose name is were on the side of those people who colonialism in Africa. The U.N. Mouloud Said. He is the Ambassador at have been living on the Algerian border Decolonization Committee called for Large of Western Sahara. He and I for the last 35 years. That is what they decolonization in 1966, while it was still worked together for many years trying are going through at this time. It is under Spanish rule. In 1973, the General As- to bring some sanity into what has sembly called for a referendum on self-deter- very sad. mination by the Saharawi, Spain agreed to happened over the last 35 years in I want to mention, talking about Ted hold a referendum and took a census to pro- Western Sahara. Kennedy, how persistent he was. This vide a voting list. For the record, since people are not goes all the way back to his involve- Shortly thereafter, Morocco and Mauri- aware of this conflict that took place, ment, back to the time when the war tania, seeking access to the territory’s valu- back in 1975, the Moroccans invaded was still taking place. I have state- able natural resources, laid claim to the what was then called Spanish Sahara, ments I am going to enter into the Western Sahara. In an effort to strengthen its claim to the territory, Morocco requested later called Western Sahara. There RECORD. They are not long. One goes were a lot of people chased out at that an advisory opinion from the International back to October 1, 1992, a ‘‘Statement Court of Justice on its legal status. The time. They fled. War ensued between by Senator Edward M. Kennedy at Sen- Court found that neither Morocco nor Mauri- 1975 and 1991. It continued during that ate Foreign Relations Africa Sub- tania had ties to the Western Sahara suffi- time. When Morocco invaded that area committee Hearing on the Western Sa- cient for claims of territorial sovereignty. that was later called Western Sahara, hara.’’ He goes through and tells the Like the United Nations, The Court sup- the refugees, the people who were liv- story of what he has attempted to do, ported ‘‘self-determination and genuine ex- ing there who rightfully should be in and he had not been able to success- pression of the will of the peoples’’ to deter- that area, who should be living there mine the territory’s legal status. fully get it done. The same as with Rather than accept that decision, King today, were chased into Algeria. James Baker and myself. Hassan II sent Moroccan troops into the Tindouf is an area I have been to a cou- January of 1994, ‘‘Statement by Ed- Western Sahara. Clashes ensued between Mo- ple times. The refugee camps there are ward M. Kennedy in Support of Amend- roccan forces and the Polisario, the armed so large. There are actually 175,000 ref- ment Promoting Implementation of resistance of the Saharawi. Invading troops ugees who were chased out of Western Peace Plan in Western Sahara.’’ Janu- ‘‘disappeared’’ thousands of Saharawi civil- Sahara and have been wanting to be re- ary of 1994, we thought at that time we ians, most of whom were killed. Hundreds of patriated ever since then. had it done. Again, an arrangement others were detained without charge—and One of the former Secretaries of remain imprisoned today. was made. It was agreed to by all par- The Moroccan invasion touched off an exo- State, James Baker, was a hero in this ties until they got together. dus of refugees from the Western Sahara into area. He did the best he could to see June 23, 1999, ‘‘Senator Kennedy Calls Algeria. Seventeen years later, tens of thou- that repatriation would take place. It for Greater Progress in the Western Sa- sands of these refugees continue to subsist in seemed like every time they got close hara Referendum.’’ A referendum is all emergency relief tents with minimal food to working out something with Mo- they want. They want self-determina- and water under extremely oppressive desert rocco, they would get right up to the tion. They want to be able to vote as to conditions including violent sandstorms and altar and then they would cut it off. blistering heat exceeding 160 degrees. whether they want to be repatriated, In what became known as the ‘‘Green They would agree something should be which is something we in America March,’’ King Hassan then sent 350,000 Mo- done, but as they would come to agree- would assume everybody has that roccan civilians into the territory to ment and get together, Morocco would right. But that is not the situation. strengthen his claim. Within months of the back down. That took place for a long Senator Kennedy, again, went to bat- Moroccan influx Spain withdrew, granting period of time. tle to help them in June 23, 1999, and Morocco and Mauritania ‘‘temporary author- You cannot be empathetic with the was not able to get it done. ity’’ to administer the territory until a ref- people who are there until you have Then, again, in 2000, he actually of- erendum could be held. walked through the little alleys and Neither Morocco nor Mauritania granted fered amendments for holding referen- the Saharawi the right to self-determina- the stucco houses in Tindouf and see dums in Western Sahara. tion, and their war against the Polisario how these people are living, hearing Later in that same year, he appealed steadily escalated. The Polisario’s use of their chants, their cries for freedom. to King Mohammed VI of Morocco to land rovers and quick strike tactics, how- Three generations now have been try- give these people a chance, at least, of ever, achieved surprising successes against ing to escape, to be repatriated, and it self-determination. He was unable to Moroccan and Mauritanian forces, and in hasn’t worked. get that done. 1979 Mauritania renounced its claims to the territory. I have a letter—I will read part of I ask unanimous consent to have it—that ties Senator Kennedy and me Finally, after over a decade of war, the printed in the RECORD these docu- Government of Morocco agreed to a U.N.- to this issue. This is from Mouloud ments. sponsored peace plan leading to a ref- Said, who is Ambassador at Large of There being no objection, the mate- erendum, under which the Saharawi would Western Sahara: rial was ordered to be printed in the vote for independence or integration with Indeed, this was precisely the case when RECORD, as follows: Morocco. In 1990, the Security Council adopt- Senator James Inhofe and the late Senator ed resolutions approving the plan and estab- STATEMENT BY SENATOR EDWARD M. KENNEDY Edward Kennedy reached across the political lishing the United Nations Mission for the AT SENATE FOREIGN RELATIONS AFRICA SUB- aisle to jointly promote the cause of justice Referendum in Western Sahara (MINURSO). COMMITTEE HEARING ON THE WESTERN SA- and freedom in the Western Sahara, and re- Under the plan, a cease-fire was to go into HARA spect for human rights of the Sahrawi peo- effect on September 6, 1991, and the ref- ple. As recognized by the United Nations I want to thank Senator Simon, the Sub- erendum was to be held in early 1992. The Charter, the African Union, and the Amer- committee Chairman, for holding this impor- parties agreed to use the 1974 Spanish cen- ican Constitution, all people have the in- tant hearing today. sus, which recorded approximately 74,000 alienable right to freedom and self-deter- The ongoing crisis in the Western Sahara Saharawis, to establish a voting list for the mination, and the Sahrawi people will be for- raises serious questions regarding the Gov- referendum. ever indebted to these great Senators for ernment of Morocco’s willingness to honor Yet, only days before the cease-fire was to their principled and bipartisan stand on be- its international commitment to a free and go into effect, Morocco bombed a compound half of the Sahrawi’s fundamental rights. fair referendum in that territory. It also that the Saharawi had constructed to house brings into question the credibility of the MINURSO personnel. That is what it is all about. We would United Nations in administering the Western Inexplicably, the United States was the see these people out there, and they Saharan peace plan, and our own govern- sole country on the U.N. Security Council had no one to take care of them. The ment’s commitment to the principles of sov- which failed to condemn this outrageous ac- Moroccans, they have friends. I have to ereignty and self-determination. tion.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10201 After the cease-fire went into effect, King Africa. Unless the Administration makes bility conducive to holding a free and fair Hassan changed his position on the voting clear to the Government of Morocco its com- referendum. list. After vmg agreed to base the list upon mitment to a free and fair referendum for The violations include preventing critical the 1974 census, he presented the U.N. with a the Saharawi, fighting in the Western Sa- supplies for U.N. personnel from reaching the list of 120,000 additional voters from Morocco hara may soon be renewed. That is a result field; denying U.N. observers access to mili- whom he claimed were Saharawi and should none of us wants, and now is the time to pre- tary areas; threatening to shoot U.N. per- also be permitted to vote. These individuals vent it from happening. sonnel; intercepting and blocking U.N. pa- were transported into the Western Sahara in trols and sideswiping U.N. vehicles; refusing violation of the peace plan, which forbids the STATEMENT BY SENATOR EDWARD M. KENNEDY to identify land mines to U.N. observers, re- unilateral transfer of populations into the IN SUPPORT OF AMENDMENT PROMOTING IM- sulting in the loss of three U.N. vehicles and territory without identification at the bor- PLEMENTATION OF PEACE PLAN IN THE WEST- serious injury to U.N. personnel; banning ac- der by U.N. personnel. ERN SAHARA cess to the territory by international observ- Under the peace plan, MINURSO observers ers, reporters, and human rights organiza- I am introducing today, on behalf of myself are to implement and monitor the cease-fire, tions; refusing to withdraw its troops; and and Senators Pell, Kassebaum, and Simon an oversee the release of POWs, identify and declining to provide figures on the strength amendment to support the indigenous people register voters, and organize the referendum. and deployment of its armed forces, despite of the Western Sahara in their long and ar- Fully employed, MINURSO was to consist of written instructions to do so from the U.N. duous struggle for self-determination. 1,695 military and civilian personnel. As U.S. citizens, we are fortunate to live in Secretary General. Yet as of today, nine months after the ref- In one of the most serious violations of the a country founded on human rights prin- erendum was to have been held, fewer than peace process, King Hassan held his own ciples and the right to a government of our 400 MINURSO personnel are in the Western elections in the territory in June—thereby Sahara. With severely limited equipment own choosing. Our democratic ideals have in- directly undermining the U.N. effort. and personnel, these observers have been spired peoples in all hemispheres around the U.N. officials nonetheless remain hopeful forced to restrict their focus to monitoring world. Elections during the past twelve of holding the referendum this year. For the the cease-fire. Due to serious violations of months in Russia, Burundi, Cambodia, Para- referendum to be free and fair, the U.N. must the peace plan by the Government of Mo- guay, and Yemen are examples of the world- disqualify Moroccan settlers from eligibility rocco, the observers have been prevented wide trend away from authoritarianism and to vote in the referendum. from fostering an atmosphere of confidence toward representative government. Failure of the U.N. peace plan is likely to and stability conducive to holding a free and Sadly, this trend has not yet reached all have serious consequences for the stability fair referendum. regions of the world. The indigenous of North Africa. If the Government of Mo- These violations include preventing crit- Saharawi people in the Western Sahara have rocco continues to obstruct the peace proc- ical supplies for U.N. personnel from reach- waited more than 18 years to regain their ess, fighting in the Western Sahara may well ing the field; denying U.N. observers access right to self-determination. Hopefully, that be renewed. to military areas; threatening to shoot U.N. right will soon be restored to them. At this critical stage in the peace process personnel; intercepting and blocking U.N. Since Morocco’s invasion of the Western the United States must do more to make patrols and sideswiping U.N. vehicles; refus- Sahara in 1975, King Hassan II has staged a clear—through deed as well as word—our ing to identify land mines to U.N. observers, long and costly war against the Saharawi commitment to a free and fair referendum resulting in the loss of three U.N. vehicles people to obtain permanent access to that for the Saharawi people. and serious injury to U.N. personnel; banning territory’s valuable natural resources. The amendment we are introducing today: access to the territory by international ob- For years, Morocco ignored proposals by (1) Commends the President for his com- servers, reporters, and human rights organi- the U.N. General Assembly calling for a ref- mitment within the United Nations and in zations; refusing to withdraw any of its erendum on self-determination by the bilateral relations to a free and fair ref- 130,000 troops; and declining to provide fig- Saharawi. When Morocco took its claim over erendum on self-determination in the West- ures on the strength and deployment of its the territory before the International Court ern Sahara; armed forces, despite written instructions to of Justice, the Court found that Morocco did (2) Supports the United Nations’ commit- do so from the U.N. Secretary General. not have ties sufficient for claims of terri- ment to holding a free and fair referendum, Last month, in the most serious violation torial sovereignty. Like the United Nations, and commends the Secretary General for in- of the peace process, King Hassan announced the Court supported ‘‘self-determination and tensifying his efforts towards that end; his intention to hold his own elections in the genuine expression of the will of the peoples’’ (3) Commends the Administration for un- territory, independently of the United Na- to determine the territory’s legal status. dertaking new policy initiatives with regard tions—thereby wholly undermining the U.N. Rather than accept that decision, King to the Western Sahara, including the open- effort. Hassan sent Moroccan troops into the terri- ing of contacts with the Polisario Front at Ironically, U.N. observers have also been tory who killed and ‘‘disappeared’’ thousands the Saharawi refugee camp in Tindouf, Alge- severely hampered by lack of material and of Saharawi who were unwilling to recognize ria; political support from the U.N. in New York, Moroccan sovereignty. Then, in what became (4) Calls upon Morocco and the Polisario which has routinely ignored Moroccan viola- known as the ‘‘Green March,’’ King Hassan Front to comply strictly with the terms of tions of the peace plan. The Secretary Gen- sent 350,000 Moroccan citizens into the West- the peace plan as accepted by the parties and eral has failed to respond politically to ern Sahara to strengthen his claim to it. approved by the United Nations Security MINURSO’s reports of cease-fire violations— Finally, after over a decade of war, the Council; (5) Calls upon Morocco to put an end to the including 178 confirmed violations of the Government of Morocco agreed to a U.N.- transfer of population not properly identified cease-fire, the transfer of thousands of Mo- sponsored peace plan leading up to a ref- roccan citizens to the territory prior to their by the United Nations as eligible voters in erendum under which the Saharawi would identification by the U.N., and continuous the referendum from Morocco into the West- vote for independence or integration with misbehavior with respect to MINURSO. ern Sahara, and to return to Morocco all Morocco. Under this plan, a ceasefire was to Accordingly, MINURSO personnel in the such individuals currently in the Western go into effect on September 6, 1991, and the field today are attempting to carry out their Sahara; duties without the cooperation of the Gov- referendum was to be held in early 1992. The (6) Calls upon Morocco and the Polisario ernment of Morocco and without the polit- parties agreed to use a 1974 census, which re- Front to continue the direct dialogue they ical backing of the U.N. corded approximately 74,000 Saharawis, to begun under the auspices of the United Na- Despite Morocco’s flagrant violations of establish a voting list for the referendum. tions in July 1993 with the goal of furthering the peace plan, the Bush Administration has Yet, only days before the cease-fire was to the peace process; failed to press King Hassan in any signifi- go into effect, Morocco bombed a compound (7) Calls upon Morocco and the Polisario cant manner with respect to the Western Sa- the Saharawi had constructed to house U.N. Front to allow international human rights hara. To the contrary, the Administration personnel. In addition, King Hassan changed organizations to enter Morocco, the Western has requested that $40 million in military aid his position on the voter list. Sahara, and refugee camps under their con- and $12 million in Economic Support Funds After having previously agreed to base the trol to assess the human rights situation; be earmarked for Morocco for FY ’93. This is list upon the 1974 census, he presented the and particularly perplexing, inasmuch as no U.N. with a list of 170,000 Moroccans whom (8) Calls upon the President to: funds were earmarked for Morocco during he claimed should also be permitted to vote. Strongly advocate within the United Na- FY ’92. These individuals were moved into the West- tions and in bilateral relations the imple- I hope that the witnesses for the Adminis- ern Sahara in violation of the peace plan, mentation of the peace plan as accepted by tration will make clear today why the U.S. which forbids the unilateral transfer of popu- the Polisario Front and Morocco and ap- is not condemning Morocco for its violations lation into the territory without prior iden- proved by the U.N. Security Council; of the peace plan. The Administration should tification by U.N. personnel. Urge all parties concerned to take all steps also explain why it is unwilling to urge the U.N. observers have also expressed concern necessary to begin voter registration, start- United Nations to do more to defend this im- regarding other violations of the peace plan ing with the updated lists of the 1974 Spanish portant peace initiative. by the Government of Morocco. These viola- census, and to overcome their differences re- Failure of the U.N. peace plan will have se- tions have prevented the observers from fos- garding the interpretation and application of rious consequences for the stability of North tering an atmosphere of confidence and sta- the criteria for voter eligibility;

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10202 CONGRESSIONAL RECORD — SENATE October 7, 2009 Institute regular contact at all levels in January 1, 2000 and again on June 1—2000 on the future of the Western Sahara. These ac- Washington with representatives of the specific steps being taken by the Govern- tions demonstrated an impressive commit- Polisario Front, in order to strengthen the ment of Morocco and by the Popular Front ment to the right of self-determination for United States’ evenhanded position with re- for the Liberation of Saguia el-Hamra and the people of the Western Sahara. spect to the Western Sahara; and Rio de Oro (POLISARIO) to ensure a free, The referendum is an important part of the Encourage the parties to allow inde- fair, and open referendum by July 2000 for peace process, and I hope that it will take pendent international observers, including the people of the Western Sahara to choose place as soon as possible. human rights organizations, to monitor the between independence and integration with Mr. INHOFE. Madam President, let situation in the territory and observe the Morocco. me conclude by saying that other referendum process. The State Department reports will include things were happening too. When you The ongoing crisis in the Western Sahara a description of preparations for the ref- raises serious questions regarding the Gov- erendum and the extent to which free access think about countries, I often said Af- ernment of Morocco’s willingness to honor to the territory will be guaranteed for inde- rica is the forgotten continent. I can its international commitment to a free and pendent and international organizations, in- remember so well back when they were fair referendum in the Western Sahara. This cluding election observers and international talking about taking our troops into amendment would make clear our govern- media. Human rights organizations and Bosnia and then later Kosovo, the ex- ment’s support for the U.N. peace process other international organizations must also cuse they were using—this is back in and America’s commitment to the principles be permitted to observe the referendum. the Clinton administration—they were of sovereignty and self-determination. In addition, the reports will include a de- saying it was ethnic cleansing taking I urge my colleagues to join us in enacting scription of current efforts by the Depart- this timely and important measure. ment of State to ensure that the referendum place there. I said on the Senate floor will be held, and an assessment of the likeli- standing at this podium—this is way SENATOR KENNEDY CALLS FOR GREATER hood that the July 2000 date will be met. back in the late nineties—I said for PROGRESS ON WESTERN SAHARA REFERENDUM The reports will also include a description every person who has been ethnically Senator Edward M. Kennedy today praised of obstacles, if any, to the voter registration cleansed in Bosnia, there are hundreds the Senate for calling for greater progress on process and other preparations for the ref- on any given day in any Western Africa a long-stalled referendum on self-determina- erendum and efforts being made: by the par- country. But people did not care about tion for the people of the Western Sahara. ties and the United States Government to it. Senator Kennedy did. Since 1988, the United Nations has sought overcome those obstacles. Finally, the re- to organize a free, fair, and open referendum ports will include an assessment of progress I know this is a little bit sensitive in the Western Sahara, the former Spanish being made in the repatriation process. subject, but even to this day, right colony that Morocco has illegally occupied now, every other week, there is a group since 1975. (Purpose: To require reports with respect to of people, staff people, who get to- Kennedy said, ‘‘A solution to the conflict the holding of a referendum on Western Sa- gether. They have nothing in common over the Western Sahara will enhance secu- hara) except a heart for Africa. There are lib- rity and stability in Northern Africa. After On page 115; after line 18, add the following eral Democrats and conservative Re- more than ten years of delay, the people of new section: the Western Sahara should be permitted to publicans. They meet every other determine for themselves who will govern SEC. l. REPORTS WITH RESPECT TO A REF- week, in Senator Kennedy’s office and ERENDUM ON WESTERN SAHARA. them.’’ then in my office, and they pray for Af- Kennedy, Republican Senator Gordon (a) REPORTS REQUIRED.— rica. This is something about Senator Smith, and Democratic Senator Patrick (1) IN GENERAL.—Not later than each of the dates specified in paragraph (2)1 the Sec- Kennedy people did not know. That is Leahy sponsored an amendment accepted by something that takes place even to the Senate on the State Department Reau- retary of State shall submit a report to the appropriate Congressional committees de- this date. thorization Bill to require the State Depart- I have a letter written recently by ment to report on progress on the ref- scribing specific steps being taken by the erendum. The bill, including the Western Sa- Government of Morocco and by the Popular Lindsey Gilchrist of Senator Kennedy’s hara amendment, was passed by the Senate Front for the Liberation of Saguia el-Hamra office: yesterday. and Rio de Oro (POLIS—RIO) to ensure that I know Senator Kennedy and Senator The International Court of Justice, the Or- a referendum in which the people of the Inhofe had always been thought of as the bi- ganization of African Unity, the United Western Sahara will choose between inde- partisan leaders on this issue. The Africa States, and many other nations throughout pendence and integration with Morocco will prayer group was not something Senator the world have not recognized Morocco’s be held by March 2000. Kennedy was directly involved in [or Senator claim to the Western Sahara, but Morocco’s (2) DEADLINES FOR SUBMISSION OF RE- Inhofe]— PORTS.—The dates referred to in paragraph occupation continues. Tens of thousands of But they have stimulated and moti- the Sahrawi people languish in refugee (1) are November 1, 1999, and February 1, 2000. vated us to do this very thing. That camps in southern Algeria and have been de- was one of the things that occupied 20 nied the opportunity to determine their own (b) REPORT ELEMENTS.—The report shall future. include— years of Senator Kennedy’s time. I feel A UN referendum was originally scheduled (1) a description of preparations for the ref- committed to continuing to work with for 1992. It has since been delayed many erendum, the people of Western Sahara to try to times, primarily due to the resistance of the (2) a description of current efforts by the make that a reality. When that hap- Department of State to ensure that a ref- Government of Morocco. The referendum is pens, we are going to be able to say—he now scheduled for July 2000. erendum will be held by March 2000; (3) an assessment of the likelihood that the will be watching down: All right, we fi- In the 1997 Houston Accords, achieved nally did it. under the leadership of former Secretary of March 2000 date will be met, State James Baker, and in a UN plan last (4) a description of obstacles, if any, to the Let me share a couple personal expe- December, the international community voter-registration process and other prepara- riences I had with Senator Kennedy. called for the conclusion of the voter reg- tions for the referendum, and efforts being One is a little bit humorous. In 2005, istration process and a referendum. Morocco made by the parties and the United States the Republicans were in the majority. I subsequently agreed to allow the referendum Government to overcome those obstacles; was chairman of the Environment and to occur by July 2000. (5) an assessment of progress being made in the repatriation process; and Public Works Committee. We did the Senator Kennedy praised the Administra- 2005 transportation reauthorization tion’s efforts to resolve this longstanding bill. It was a huge thing. I am a con- dispute. He urged the State Department to STATEMENT OF SENATOR EDWARD M. KENNEDY make it clear to both parties to this dispute ON IDS MEETING WITH KING MOHAMMED VI servative, but this is something we that the United States expects the people of OF MOROCCO need to be doing in this country, some- the Western Sahara to be allowed to exercise I welcome this opportunity to meet with thing about infrastructure. their right to self-determination in a free, the King. I have great respect for his leader- As is always the custom of the Sen- fair, and open referendum by July 2,000. ship, and I wished him well in his important ate, as the Chair is well aware, when ‘‘Morocco has been a faithful ally of the responsibilities, and in maintaining close we pass a big bill, we stand on the floor United States for more than 200 years,’’ said ties between our nations. and thank all the staff people and talk A particular issue I discussed with the Kennedy, ‘‘but its refusal to allow the people about the significance of it and how of the Western Sahara to determine their King was the United Nations referendum on own political future undercuts America’s ef- the Western Sahara. important it is. forts to promote democracy worldwide.’’ Morocco gained the respect of the inter- We had just passed the bill when I The Kennedy-Smith-Leahy amendment re- national community when it agreed in 1991 was getting ready to make my speech quires the State Department to report on and again in 1997 to allow a referendum on about what a great job we did when the

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10203 bells went off. They said: Bomb threat, The PRESIDING OFFICER. The Mr. COBURN. I thank the Chair. bomb threat; evacuate, evacuate. Ev- clerk will call the roll. Madam President, I just walked out erybody started running. I had not The legislative clerk proceeded to of a hearing on the census, and the made my speech yet, so I stood up. It is call the roll. Vitter amendment applies to that. It is kind of eerie when you are the only Mr. BAUCUS. Madam President, I interesting. We send a million forms person in the Capitol and giving a ask unanimous consent that the order out a year called the American Com- speech. Of course, there was nobody for the quorum call be rescinded. munity Survey, and in that survey we here, and the cameras were still going. The PRESIDING OFFICER. Without ask people whether they are citizens of I remember, after finishing my objection, it is so ordered. the United States. And you know what, speech, I looked down at the bottom of CBO SCORES they answer it. They give an answer to the stairs and saw a very large man Mr. BAUCUS. Madam President, the that. And that is a million of those we walking out. I went down and I said: Congressional Budget Office has issued send out every year. Ted, we better get out; this place its report on the Finance Committee We are about to conduct a census might blow up. legislation. That bill was sent over to that ignores the Constitution and will, He said: Well, JIM, these old legs the Congressional Budget Office a cou- in fact, disrupt the true allocation of don’t work like they used to. ple days ago. The report is quite prom- apportionment in this country because I said: Let me help you. It happened, ising. The report is good news. the census we are getting ready to ask by the way, this was right after the Our balanced approach in the Fi- will ignore whether you are a true cit- American Conservative Union came nance Committee to health reform has izen of this country. Legal or other- out with the ratings where I was the paid off once again. Today, the Con- wise, it will ignore that. It will ignore No. 1 most conservative Member of the gressional Budget Office confirmed whether you have voting rights, wheth- Senate and he was the second from the that America’s Healthy Future Act— er you are here properly, whether you most liberal Member of the Senate. I that is the legislation in the Finance have broken our laws and are here im- said: Let me help you. I put my arm Committee—remains fully paid for and properly, and we will see a maldistribu- around his waist and he put his arm reduces the Federal deficit. In fact, it tion to the tune of 10 seats in States around my arm. Someone took a pic- reduces the deficit by $81 billion in the that shouldn’t have them and States ture. It ended up on the front page of a first 10 years. that should have 10 more seats won’t magazine. The caption was: ‘‘Who Says CBO also says in its report that the have them. And that is based on the Conservatives are Not Compas- legislation continues to reduce the def- Census data this year. sionate?’’ That is the kind of relation- icit in the second 10 years; that is, it So what Senator VITTER is offering is ship we had. I will always remember bends the cost curve in the second 10 a response to following the Constitu- this. years as well. tion and also recognizing that we are He did things that people are not ex- More important, it improves and ex- getting ready to do a census next year pected to do. There was a show—they pands health care coverage for tens of that is going to get it wrong. My hope don’t have it on television anymore— millions of American families. That is is that my colleagues will consider called ‘‘Crossfire.’’ Some might remem- done by raising the coverage rate of 83 very carefully that they took an oath ber that. It was an aggressive program, percent to 94 percent. In fact, that to defend the Constitution, and that where you get two people debating might be a slight increase from what Constitution speaks very clearly—in each other on an issue. The issue that we earlier anticipated in the com- this little book—about what the enu- particular day—this was back in 2000— mittee bill. meration is supposed to be. It is about was Vieques. Vieques is an island off This legislation, I believe, is a smart citizens of the United States, not resi- Puerto Rico. They were trying to shut investment on the Federal balance dents of the United States. If, in fact, it down. They were successful. I don’t sheet. It is an even smarter investment we do this the way it looks like we are blame it on the Democrats or Repub- for American families, businesses, and going to, what we will be doing is licans. President Bush went along with our economy. Health reform will mod- changing our Constitution. What we Al Gore and closed down the live range ernize the health care system for are actually going to do is we are just at Vieques, which was the only place America for the 21st century. It is going to throw our Constitution down the Navy and marines could do inte- about time we got to that point. and step on it. grated training. The bill also reduces inefficiencies So he is not asking anything from a I was actually debating Bobby Ken- and focuses on quality and ensures we racial standpoint or anything other nedy—he was his nephew—on the are getting the best bang for our health than for a fair enumeration by which ‘‘Crossfire’’ show. It was one of these care buck. the Census agrees that if they were to things where I really knew the issue. I Health care reform should be fiscally do it properly, they would need to ask knew I had him on this debate. It came responsible as it expands and improves that question. They have printed 100 down to the end, and I could have put coverage. CBO confirms the legislation million forms already, and the question the knife in at that time. I didn’t have does that. is, Do we want to waste that money the heart to do it. I am very pleased with that report. It and throw those forms out? Well, there I was sitting, Madam President, will help us move toward the next steps is an answer to that. All you have to do where you are sitting the next day, in merging the bill with the HELP is put in an insert, and here is question presiding over the Senate, and Ted Committee bill. No. 11. That will cost very little money Kennedy came up. He said: Well, JIM, I Madam President, I yield the floor. and then we will actually have a true came up to say thank you. Mr. REID. I suggest the absence of a census based on what the Constitution Thank you for what? quorum. says, not on what we think might po- He said: I was watching this debate The PRESIDING OFFICER. The litically benefit one State over an- you had last night, and I knew what clerk will call the roll. other. you were thinking and I knew that you The legislative clerk proceeded to Madam President, I know the chair- had won this thing and right at the last call the roll. man of the Finance Committee is here you could have inflicted great harm to Mr. COBURN. Madam President, I and would like to make a unanimous Bobby. You elected not to do it. I want ask unanimous consent that the order consent request, and I will yield to him to tell you I appreciate it very much. for the quorum call be rescinded. at this time. That was Senator Kennedy. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- There are things still going on today objection, it is so ordered. ator from Montana. to which he committed his life. We are Mr. COBURN. Madam President, may UNANIMOUS CONSENT REQUEST—H.R. 3631 going to win some of those, and we are I ask the Chair what is the pending Mr. BAUCUS. Madam President, un- going to rejoice when that happens. He amendment? less the Senate acts soon, millions of will be right here with us. The PRESIDING OFFICER. The seniors and disabled individuals will I yield the floor and suggest the ab- pending amendment is the amendment face sharply higher Medicare premiums sence of a quorum. offered by Senator VITTER, No. 2644. next year. In this great recession, we

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10204 CONGRESSIONAL RECORD — SENATE October 7, 2009 must act quickly to ensure we do not be discharged from further consider- negative number, negative inflation. allow a formulated quirk to punish our ation of H.R. 3631, the Medicare Pre- There was actually deflation. Things seniors on fixed incomes in our finan- mium Fairness Act, and the Senate roughly cost six-tenths of 1 percent cially strapped States. proceed to its immediate consider- less this year than last, and those are Many seniors have their Medicare ation; further, that the bill be read a the basic necessities of life. And be- Part B premiums deducted from their third time and passed, and the motion cause we don’t have the courage to face monthly Social Security checks. Nor- to reconsider be laid upon the table, the situations in front of us, we are mally, the Social Security cost-of-liv- with no intervening action or debate. just going to kick it down the road. ing adjustment is greater than the in- The PRESIDING OFFICER. Is there That is what is wrong. That is why we crease in the Part B premium for that objection? find ourselves with $12 trillion worth of year. As a result, the beneficiaries’ Mr. COBURN. Reserving the right to debt, almost now $100 trillion in un- monthly checks in the new year are object, I ask unanimous consent to be funded liabilities. That is why we find greater than their monthly checks recognized for 3 or 4 minutes as I re- that a child born today has $400,000 in were in the last year. But next year spond to this, if the Senator from Mon- unfunded liabilities, and by the time there is not likely to be an upward tana does not have any objection. they are 20 years of age they will be re- cost-of-living adjustment in Social Se- The PRESIDING OFFICER. Is there sponsible for $800,000 worth of debt on curity checks. When that happens, objection? them that they incurred for us. most Medicare beneficiaries are held Mr. BAUCUS. None. So I will make two final points. The harmless against reductions in their The PRESIDING OFFICER. Without heritage of this country is for one gen- Social Security checks. The Part B objection, it is so ordered. eration to sacrifice for the next. This premium is reduced so that their Mr. COBURN. Madam President, generation in this body has turned that monthly Social Security checks in the America has to ask itself a question upside down, and we are saying to the new year are not less than they were in right now. This bill costs $2.8 billion, next two generations: You sacrifice for the prior year. and 95 percent of the people will not us because we don’t have the courage However, 27 percent of Medicare en- feel anything if we don’t do this. But 5 to make the hard choices. And the hard rollees do not benefit from hold harm- percent will, and I readily admit that. choices have to be made. We are on an less. The absence of a cost-of-living ad- We are going to take $2.8 billion from absolutely unsustainable course in this justment will expose these seniors to our kids or from future Medicare pay- country financially. Read the papers. big premium increases next year. ments—one way or the other, we are The dollar is under assault. We are de- Under current law, these enrollees not going to steal it from our kids—to fix pendent on foreign countries to finance only have to pay their own premiums, a problem for 5 percent of the people our debt. Our debt will double in the but they must make up the premiums who are on Medicare or will be on next 5 years and triple in the next 10. by the 73 percent of beneficiaries we Medicare. And now we are playing the political hold harmless. These 27 percent of This is exactly the kind of problem game of not having a small percentage Medicare recipients will be forced to that the Congress ducks. We are duck- of seniors having an increase in cost, shoulder the full load of next year’s ing it. We are kicking the can down the and mainly those who can afford it. premium increases. This will mean an road because we are afraid to do the So the question is, take $2.8 billion increase in premiums up from $96 to right best thing for America. from our grandkids, one way or the $120 a month next year. Who are these Let me give a breakdown. First, I other, and protect that 5 percent of the recipients? They include low-income will just say I appreciate the leadership seniors, including Bill Gates and every beneficiaries who participate in both of the Senator from Montana on the other very rich person in this country, Medicare and Medicaid. They include Finance Committee. or do as the Honorable STENY HOYER new enrollees in Medicare Part B. They The Social Security Act holds three- said, the majority leader for the Demo- also include Medicare Part B enrollees quarters of the beneficiaries harmless crats in the House: for increases in the Medicare Part B who don’t receive Social Security, such I don’t know how many of you can go to as some Federal retirees. They include premium during the years in which sleep at night worried about whether Ross higher income enrollees who already there is no COLA, as the chairman just Perot can pay his premium, but this will pay higher premiums. stated. But for the other one-fourth of freeze Ross Perot’s basic premium from This burden will hit Medicare bene- the beneficiaries not held harmless, lit- going up. I think that as well meaning as ficiaries hard, but financially strapped tle impact will be felt. According to this legislation is, it’s not about poor sen- States will also feel the effect because the Congressional Research Service, iors, it’s about politics. State Medicaid Programs pick up the the majority of this group is comprised I recognize this can come back and cost of Part B premiums for Medicare of Medicaid, as the chairman just stat- we will do it, but at this time, for the beneficiaries who are also eligible for ed, the vast majority of them, which good of our country, to restore the her- Medicaid. The premium hike would covers their premiums anyway. So if itage of our country, Madam President, also hit State budgets because of that there is a cost transfer, it will be cost- I have to object. reason. States all across the Nation are transferred back to the Federal Gov- The PRESIDING OFFICER. Objec- facing huge deficits and difficult ernment anyway because we pay 67 per- tion is heard. choices, and we should not allow this cent of all the Medicaid costs anyway. Mr. BAUCUS. Madam President, I re- quirk in the law to add to their burden. Finally, the remainder of those not gret that the Senator from Oklahoma The Medicare Premium Fairness Act held harmless—high-income individ- feels constrained to object. I will con- would correct this. It would ensure uals making over $85,000 a year as an tinue to work to see that Medicare that these 27 percent of Medicare bene- individual or $170,000 as a couple and beneficiaries are not unfairly harmed. I ficiaries would not have to shoulder new beneficiaries during their first must also say that this is not for the any additional burden. No Medicare year, for which they will receive Medi- Ross Perots of the world. There are due Part B enrollee would face a higher care, Social Security, or Medicare Part eligibles—there are many people who premium next year over this year. The B benefits—the vast majority of all are very poor who will be harmed un- bill would provide security to seniors these people have a supplemental pol- less this legislation is passed. I might on fixed incomes. To prevent Federal icy, so they won’t feel anything. also say that this bill is paid for, de- cost shift to States, the bill would pay So what are we doing? We are taking spite the implications to the contrary. for and would tap into the Medicare $2.8 billion—and we may be taking it It is paid for with funds already set Improvement Fund, which was created from the Medicare Improvement Fund, aside at an earlier date in the Medicare to solve problems such as this. which ultimately takes it out of Medi- Improvement Fund—a fund that was Inaction on this bill is not an option care, or we are going to take it from set up for just such purposes. So de- for seniors and States, and I hope the our grandkids, and we are not going to spite the implications about the future bill will have broad bipartisan support. say that we can’t do this. There was no children and grandchildren, the fact is, Madam President, I ask unanimous inflation except in health care. And this is already paid for in funds pre- consent that the Finance Committee when you look at it, there is actually a viously set aside.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10205 Madam President, I ask unanimous roundtables and we then held three in the area of prevention, workforce, consent to speak as in morning busi- walk-throughs to hash out those op- and quality. We look forward to bring- ness. tions—walk-throughs to see what ing together the best of both bills. The PRESIDING OFFICER. Without might make sense after those walk- Then the majority leader will offer objection, it is so ordered. throughs. the combined bill as an amendment on Mr. BAUCUS. Madam President, Hip- Six members of the Finance Com- the floor and I expect we will have a pocrates once said: ‘‘A wise man should mittee—three Republicans and three full and vigorous debate here in the consider that health is the greatest of Democrats—then had meetings. They Senate. I am proud of our work. human blessings.’’ held 31 meetings to try to come to a All Americans should have access to Every day we see the real-world con- consensus. We held exhaustive meet- affordable, quality health care cov- sequences for Americans who have been ings and met for more than 61 hours. erage. Our bill would raise the share of deprived of that blessing. A Harvard We went the extra mile. Americans with insurance coverage study found that every year in Amer- I might say if a fly on the wall were from about 83 percent currently to 94 ica, lack of health coverage leads to to watch those six meet, three Repub- percent, and our bill would deliver cov- 45,000 deaths. People without health in- licans and three Democrats, I think erage to millions through new insur- surance have a 40 percent higher risk of Americans would be very proud. This ance exchanges and to millions more death than those with private health was hard work. It was not ideologically through Medicaid—that is the Finance insurance. No one should die because driven. It was based on the facts. We Committee bill I am discussing. they cannot afford health care. asked questions of experts, actuaries Our bill would dramatically increase Every 30 seconds another American were objective—of the Congressional prevention and wellness, will begin files for bankruptcy after a serious Budget Office, the Joint Committee on shifting health care delivery to the health problem—every 30 seconds. Tax—a very solid effort to try to find quality of care provided—not the quan- Every year, about 1.5 million families out how the various parts would be put tity of services rendered but the qual- lose their homes to foreclosure. Why? together in a balanced and fair way. ity of care provided. It is so important. Because of unaffordable medical costs. I can say the Finance Committee has This is transformative. This is game No one should go bankrupt because held the most open and exhaustive con- changing. When we look back several they get sick. A Kaiser Family Foun- sideration of this health care proposal. years from now we are going to see this dation survey found that health care I put out the starting point and posted is probably one of the more important coverage for the average family now it on the Web on September 16. That items in this legislation because it will costs more than $13,000 a year. If cur- was nearly a week before we started begin American health care to focus on rent trends continue, by the year 2019, our markups, a full week notice before where it should be, on quality and 10 years from now, the average family we started our markup. teamwork and the patient, more than plan will cost more than $30,000 a year. In a first for the committee, we post- today, where it is focused on quantity No one should have to live in fear of ed every amendment, all 564 of them, under the fee-for-service system. This financial ruin from crushing insurance on the Web. We had never done that be- is clearly the major, most important premiums. Americans are looking for fore, all posted, all available to the part, I think, when we look back at commonsense solutions to these prob- world. The committee has held a thor- this bill 5, 6, 8, 10 years from now. lems. Americans want a balanced plan ough markup, and I know the present The bill also will lower prescription that takes the best ideas from both occupant of the chair can attest to drug costs dramatically for seniors—no sides. Americans want their leaders to that. When the committee reconvenes small point. Our bill would reform the insurance work together to craft a health care to report the bill, the committee will market. It would protect those with package that will get 60 votes it needs have met for 8 days. Many of those preexisting conditions. It would pre- to pass. were long days, often running past 10 vent insurance companies from dis- The Congressional Budget Office has o’clock at night. In fact, last Thursday criminating and capping coverage. And just given us their analysis of legisla- we worked until 2 o’clock in the morn- it would require insurance companies tion we put together in the Finance ing. It has been more than 22 years to renew policies as long as policy- Committee and it shows that our bill since the Finance Committee met for 8 holders pay their premiums. No longer reduces the deficit by $81 billion over 10 days on a single bill. In the commit- would insurance companies be able to years. That is a reduction in the Fed- tee’s consideration, Senators offered drop coverage when people get sick. eral deficit of $81 billion. CBO also says and the committee considered about These reforms would give Americans the legislation out of the Finance Com- 135 amendments. The committee con- real savings. mittee continues to reduce the deficit ducted 79 rollcall votes and the com- Under the Finance Committee bill, in the outyears; that is, the years after mittee adopted 41 amendments. everyone making less than 133 percent 10 years, the second 10 years, and the The result is a balanced, common- of poverty would receive health cov- legislation increases coverage from 83 sense plan that takes the best ideas erage through Medicaid. Our plan will percent to 94 percent, so 94 percent of from both sides. It is a plan that essen- provide tax credits to help low-and Americans will have health insurance. tially implements President Obama’s middle-income families buy private in- For 2 years now, that is exactly what vision to improve America’s health surance coverage. These tax credits we have been doing in the Finance care and it is a plan designed to get the would mean that our bill would deliver Committee—working to get that re- 60 votes it needs to pass. We have just tax cuts for those whom it affects. sult. Over the last 2 years, the Finance received from the Congressional Budg- Overall taxes would go down for people Committee has held 20 hearings on et Office the numbers that we need to affected by this bill. These tax credits health care reform. Last June we held have to proceed to the next step. The would help make insurance more af- a health care summit at the Library of CBO says we reduce the deficit by $81 fordable. Congress. The committee held three billion in the first 10 years and the leg- Some have made some pretty out- roundtable discussions with experts on islation that will be reported out of the rageous claims about our bill. Some each side of the area, especially on the committee soon will reduce the deficit folks frankly have said some whoppers. three major areas of reform. We held further in the next 10 years, and it in- Let me take a few minutes to bust roundtables on how health care is de- creases coverage to 94 percent. some of those myths. livered, on coverage—that is insurance I am confident that after Senators Myth No. 1. Some say our bill cuts coverage—and on how to pay for health have had a opportunity to review the benefits for seniors. That is false. No- care. In connection with each round- CBO numbers the Finance Committee body cares more about maintaining table—we had experts around the table, will report the bill. Then we on the Fi- Medicare than I do. Medicare benefits asked lots of questions, the experts nance Committee expect to work to- will not be reduced under our bill. Sen- just balanced—experts were not chosen gether with the HELP Committee to iors will get the same level of benefits for a certain point of view but just to meld our two bills together. Our col- they receive today. In fact, seniors get the facts. The committee put out a leagues on the HELP Committee have have a lot to gain from health care re- detailed option paper after those done some wonderful things, especially form by lower prescription drug costs

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10206 CONGRESSIONAL RECORD — SENATE October 7, 2009 and more free preventive care such as research produces to help them make under Medicare Advantage than under mammograms and colonoscopies. Plus informed health care decisions. traditional Medicare. Insurance compa- our bill takes the long view to help pre- Myth No. 3. Some say our bill will nies pad their pocket with those sub- serve the life of the Medicare Program. cause premiums to go up. That, too, is sidies. Our bill would end those sub- Our bill puts the Medicare Program on false. There are a lot of things in our sidies for insurance companies. sounder financial footing. Our bill will bill that would cause premiums to go If insurance plans want to pass cuts remove from a system that pays for down. Our bill would cut out fraud, along to seniors instead of reducing volume to one that pays for value. It waste, and abuse in our health care their huge profits, that is up to them. would improve Medicare solvency by system. That is going to help. Our bill In a competitive market, it will be reforming the way Medicare delivers would spread insurance risk through a hard for plans that do that to keep health care. much broader population, including their customers. Don’t just take my word for it. Don’t younger, healthier people. That would Yes, under our bill Medicare Advan- just take President Obama’s word for clearly help. And our bill would help to tage plans will have to compete in the it. Go to the AARP Web site and see eliminate the cost of uncompensated free market. But that has been true of what they say. AARP is probably one care, which results in more than $1,000 insurance companies generally for as of the greatest advocates for seniors. in additional premium costs each year long as there has been insurance. It is This is what AARP says: for American families. The effects of true that we in our bill do not guar- Myth: Health care reform will hurt Medi- open competition in our new insurance antee that the government will keep care. exchange should bring premiums down each and every insurance company in Fact: None of the health care reform pro- as well. business. We should not and we do not, posals being considered by Congress would CBO has said there are a lot of fac- in our bill, guarantee that each and cut Medicare benefits or increase your out- tors in whether premiums go up or every insurance plan will continue to of-pocket costs for Medicare services. down and, frankly, they punted on a lot be offered. Those are business deci- That is the conclusion of AARP in of those factors. But in the one part of sions. Those are decisions for the pri- their letter to seniors. premium costs about which they did vate sector. And that is where we leave Myth No. 2. Some say our bill will make a projection, CBO said that pre- it. lead to rationing because we encourage miums would go down. In a September It is absurd to say that people will comparative research. That, too, is 22 letter CBO said: not be able to keep their insurance be- false. The Institute of Medicine— CBO currently estimates that about 23 per- cause the government is going to trim MedPAC, that is the bipartisan group, cent of premiums for policies that are pur- back wasteful subsidies. That is a pret- nonpartisan group that advises Con- chased in nongroup market under current ty absurd statement. gress on Medicare payments—and law go toward administrative costs and over- Myth No. 5. Some stated our bill will former CMS administrators have all head. raise taxes. That is false. In fact, our recommended that Congress invest in About 23 percent of premiums for bill is a tax cut. Our bill will cut taxes research to compare what works and policies goes toward administrative for millions of Americans. When fully what doesn’t work in medicine. Groups costs and overhead. CBO goes on to phased in, our bill will cut taxes by such as the American Medical Associa- say: tens of billions of dollars every year. tion and the American Health Associa- Under the proposal, that share would be re- Let me restate that. When fully phased tion support this idea. duced to 4 or 5 percentage points. in, our bill will cut taxes by tens of bil- Our bill would set up a nonprofit in- So if 23 percent of costs are adminis- lions of dollars every year. And mil- stitute to provide for this ‘‘compara- trative overhead under the legislation lions of Americans will be able to use tive effectiveness research.’’ The goal the committee reported out, that those tax cuts to buy health insurance is better evidence, unbiased informa- should be reduced by 4 or 5 percentage coverage. tion that doctors and patients can use points. That is lower costs, administra- Myth No. 6. Some say that a high- to make better health care decisions. tive costs, which should result in lower cost premium excise tax will raise Comparative effectiveness research is premiums. taxes on working families. That too is about giving doctors and patients the Myth No. 4. Some say you will not be false. The bill levies the high-cost pre- best information available on what able to keep your insurance. That, too, mium excise tax on the insurance com- works so they can decide, the doctors is false. Nothing in our bill would take panies. It will put downward pressure can decide in consultation with their people’s insurance away from them. No on insurance company profits. And it patients, as to what procedure, what one would be forced into a particular will put pressure on insurance compa- drug, makes most sense and what plan. This is the central feature of the nies to offer more efficient insurance doesn’t. way we have gone about health care re- plans. If one treatment works far better form. We have not tried to change the In fact, the Joint Committee on Tax- than another, then doctors and pa- employer-based system, a system ation tells us that much of the revenue tients have a right to know. That is Americans know and understand. We that the high-cost premium excise tax what our bill tries to do, it tries to fos- improve upon it, make it work a lot brings in is because employers will give ter the kind of commonsense research better. We have not tried to fix some- workers raises. People will avoid insur- that can get better information in the thing that is not broken. We have an ance plans with high-cost premiums, hands of doctors and patients. employer-based system and it is very and as a result employers will raise Nothing in our bill would ration important we improve upon it, not workers’ salaries with the money they care—nothing. The new institute could eliminate it. save. That is what the Joint Com- not make coverage decisions or issue Some who do not share our best in- mittee on Taxation predicts will hap- medical guidelines. And our bill would terests assert that cuts to Medicare pen. That is what they say over and prevent the HHS Secretary from using Advantage will cause some plans no over again in publicly given testimony. the research to ration care in any way. longer to be offered. We do bring the Finally, the biggest myth of all, The Secretary could never use the evi- government’s subsidies to Medicare Ad- myth No. 7. Some say our bill is a gov- dence to discriminate against individ- vantage more in line with the govern- ernment takeover of health care. That uals based on age, disability, terminal ment’s own commitment to Medicare, is so false. We have built our plan on illness, or their preferences between but our bill would not cut benefits the exchange marketplace that allows length of life and quality of life. under Medicare Advantage. Rather, it choice among private health insurance Calling this rationing only supports a would cut out waste in the system to company products, choice among pri- delivery system that is pro-waste and ensure that Medicare is sustainable for vate health insurance products. antipatient education. That is what op- years to come. People will be able to choose their ponents will end up doing. That is the Even after the cost of marketing and own plan. They can choose their own effect of it. That is not the type of care delivering benefits and after making a plans among private options. Our bill people deserve. They deserve the infor- profit, insurance companies are paid does not include a public option. We mation that comparative effectiveness about 14 percent more, on average, did not include an employer mandate.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10207 And we pay for every cent. This is a proved by this body. It prohibits any The PRESIDING OFFICER. Without uniquely American solution. We are Federal funds from going to ACORN or objection, it is so ordered. not Canada. We are not Britain. We are any of its subsidiaries. The amendment is as follows: This amendment I have offered today America. This is a balance. We have a (Purpose: To prohibit funds from being used tradition of balance between public and was offered on three prior appropria- in contravention of section 642(a) of the Il- private. This legislation accomplished tions bills. Each time my amendment legal Immigration Reform and Immigrant that. has gained significant bipartisan sup- Responsibility Act of 1996) port: 83 votes the first time, 85 votes We do not buy into government-only At the appropriate place, insert the fol- solutions in America, but we do believe the second time, and by voice vote a lowing: third time. It is important we continue in rules of the road. Our bill provides a SEC. ll. None of the amounts made avail- balanced solution. And CBO says we do to take this action to prohibit funding able in this title under the heading ‘‘COMMU- so in a balanced way. in each of the remaining appropria- NITY ORIENTED POLICING SERVICES’’ may be Soon it will come down to the Sen- tions bills because ACORN is still eligi- used in contravention of section 642(a) of the ate. My colleagues, this will be our op- ble to receive Federal dollars from Illegal Immigration Reform and Immigrant portunity to make history. Think of it. many other sources. Responsibility Act of 1996 (8 U.S.C. 1373(a)). Our actions here will determine wheth- For any of my colleagues who might Mr. VITTER. Mr. President, I will er we will extend the blessings of bet- put forward the argument that ACORN read the amendment to explain what it ter health care to more Americans. typically does not get funding from the is about: Ours is a balanced plan that can pass CJS appropriations bill, we can’t be so sure. The fact is, ACORN has the op- None of the amounts made available in the Senate. Our bill should win the this title under the heading ‘‘COMMUNITY support of Republicans and Democrats portunity to get money from various ORIENTED POLICING SERVICES’’ may be alike. Now the choice is up to Sen- Federal pots that we could never have used in contravention of section 6429(a) of ators. envisioned. For example, a public no- the Illegal Immigration Reform and Immi- Hippocrates said that ‘‘health is the tice was sent out by the Department of grant Responsibility Act of 1996. Homeland Security on October 2 of this greatest of human blessings.’’ But too That is the entire amendment. What year announcing that ACORN was the many Americans are being deprived of does that mean? That Illegal Immigra- recipient of an almost $1 million grant that blessing. Let us enact this bal- tion Reform Act is about the mandate for funds typically reserved for fire de- anced, commonsense plan to improve that local government has to fully co- partments. Remarkable. Who knew health care. Let us reform the health operate with Federal immigration offi- that ACORN specialized in firefighting? care system to control costs and pre- cials with regard to immigration en- I never would have thought ACORN miums. And let us extend the blessings forcement. It doesn’t mean that local could win a grant designed for fire safe- of health care coverage to all Ameri- governments become immigration ty and prevention. But, lo and behold, cans. agents, that they have the affirmative I yield the floor and I suggest the ab- that is what happened only a few days ago. This happened after the Senate responsibility to do all of that work for sence of a quorum. the proper Federal authorities. It does The PRESIDING OFFICER (Mr. NEL- took several stands against providing Federal funds to this group and after mean that when they come across ille- SON of Florida.) The clerk will call the gal immigrants and arrest them, for in- roll. House action. Until a full government investigation stance, for local law violations, they The assistant legislative clerk pro- are dutybound under Federal law to ceeded to call the roll. is launched and completed into ACORN, no taxpayer money should be properly inform Federal authorities. Mr. JOHANNS. I ask unanimous con- The problem is, in several select ju- sent that the order for the quorum call used to fund their activities. I urge all colleagues to once again support my risdictions, so-called sanctuary cities, be rescinded. they have made the affirmative public The PRESIDING OFFICER. Without amendment. The identical amendment has passed twice on strong bipartisan statement and decision that they are objection, it is so ordered. votes with over 80 Senators voting in not going to do that. They will not AMENDMENT NO. 2393 favor, and the third time it passed by a comply with Federal law. They are Mr. JOHANNS. Mr. President, I ask voice vote. Where Senators stand on going to ignore Federal immigration unanimous consent that the pending this issue is now well known. law, and they are not going to cooper- amendment be set aside and that we For the record, I respectfully suggest ate in any way with Federal immigra- call up amendment No. 2393. that we can agree upon this amend- tion enforcement authorities. The PRESIDING OFFICER. Without ment by voice vote at the appropriate We can debate whether that is good objection, it is so ordered. time. policy or bad, but we don’t really need The clerk will report. I yield the floor and suggest the ab- to get to that level of debate because it The assistant legislative clerk read sence of a quorum. is present Federal law that cooperation as follows: The PRESIDING OFFICER. The must be extended by local police agen- The Senator from Nebraska [Mr. JOHANNS] clerk will call the roll. cies and local governments. These proposes an amendment numbered 2393. The assistant legislative clerk pro- sanctuary cities—it is beyond debate— Mr. JOHANNS. I ask unanimous con- ceeded to call the roll. are violating current Federal law. They Mr. VITTER. I ask unanimous con- sent that reading of the amendment be are taking Federal law and saying: Too sent that the order for the quorum call dispensed with. bad. We are not going to have anything be rescinded. The PRESIDING OFFICER. Without to do with it. We will violate Federal objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. law. We will not cooperate in any way The amendment is as follows: with Federal immigration enforce- AMENDMENT NO. 2630 (Purpose: Prohibiting use of funds to fund ment. Mr. VITTER. I ask unanimous con- the Association of Community Organiza- My amendment says if you violate tions for Reform Now (ACORN)) sent to set aside the pending amend- Federal law, you will have to live by On page 203, between lines 23 and 24, insert ment and call up Vitter amendment the following: No. 2630. some consequences. Specifically, you SEC. 5ll. None of the funds made avail- The PRESIDING OFFICER. Without will lose COPS funding for your spe- able under this Act may be distributed to the objection, it is so ordered. cific jurisdiction. If you want to do Association of Community Organizations for The clerk will report. that, if you want to flaunt the law, Reform Now (ACORN) or its subsidiaries. The assistant legislative clerk read there is going to be a meaningful con- Mr. JOHANNS. I rise to talk about as follows: sequence. You will lose community po- an amendment that should come as no The Senator from Louisiana [Mr. VITTER] licing grants. surprise to my colleagues. The amend- proposes an amendment numbered 2630. I believe this is reasonable and nec- ment is simple and straightforward. It Mr. VITTER. I ask unanimous con- essary because there are a number of is an amendment I have offered on a sent that reading of the amendment be sanctuary cities that have made the af- number of occasions that has been ap- dispensed with. firmative decision that they are going

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10208 CONGRESSIONAL RECORD — SENATE October 7, 2009 to flaunt and ignore and violate Fed- The assistant legislative clerk pro- (b) SENATE.—Rule XVII of the Standing eral law, have nothing to do with prop- ceeded to call the roll. Rules of the Senate is amended by inserting er enforcement of Federal immigration Mr. BUNNING. Mr. President, I ask at the end thereof the following: law and the necessary cooperation be- unanimous consent that the order for ‘‘6. (a) It shall not be in order in the Senate to proceed to any legislative matter unless tween those Federal agencies and local the quorum call be rescinded. the legislative matter and a final budget law enforcement. The PRESIDING OFFICER. Without scoring by the Congressional Budget Office Nobody wants to make local law en- objection, it is so ordered. for the legislative matter has been publically forcement immigration enforcement. AMENDMENT NO. 2653 available on the Internet as provided in sub- Nobody wants to place on them some Mr. BUNNING. Mr. President, I ask paragraph (b) in searchable form 72 hours affirmative duty to do the work of Fed- unanimous consent to set aside the (excluding Saturdays, Sundays and holidays eral immigration offices, which is sig- pending amendment and call up my except when the Senate is in session on such a day) prior to proceeding. nificant. We are not trying to place amendment No. 2653. that additional burden or some un- ‘‘(b) With respect to the requirements of The PRESIDING OFFICER. Without subparagraph (a)— funded mandate on them. But existing objection, the clerk will report. ‘‘(1) the legislative matter shall be avail- Federal law does say they need to co- The assistant legislative clerk read able on the official website of the committee operate with Federal immigration en- as follows: with jurisdiction over the subject matter of forcement. They can’t have an affirma- The Senator from Kentucky [Mr. BUNNING], the legislative matter; and tive policy that when they arrest, for a for himself, Mr. JOHANNS, Mr. CORNYN, Mr. ‘‘(2) the final score shall be available on local charge, somebody who is in the DEMINT, Mr. ROBERTS, Mr. WICKER, Mr. EN- the official website of the Congressional country illegally, they forget about SIGN, and Mr. BARRASSO, proposes an amend- Budget Office. that, turn their eye to it, and never no- ment numbered 2653. ‘‘(c) This paragraph may be waived or sus- pended in the Senate only by an affirmative tify Federal authorities. Mr. BUNNING. Mr. President, I ask vote of 2⁄3 of the Members, duly chosen and Tragically, this bad sanctuary city unanimous consent that reading of the sworn. An affirmative vote of 2⁄3 of the Mem- policy has had tragic results. I will amendment be dispensed with. bers of the Senate, duly chosen and sworn, mention one such instance. This in- The PRESIDING OFFICER. Without shall be required in the Senate to sustain an volved an illegal alien, Edwin Ramos, objection, it is so ordered. appeal of the ruling of the Chair on a point who is currently being charged with The amendment is as follows: of order raised under this paragraph. ‘‘(d) In this paragraph, the term ‘legisla- three counts of murder in San Fran- (Purpose: To require that all legislative mat- tive matter’ means any bill, joint resolution, cisco. That is because he shot and ters be available and fully scored by CBO concurrent resolution, conference report, or killed Tony Bologna, 48, and his two 72 hours before consideration by any sub- substitute amendment but does not include committee or committee of the Senate or sons—Michael, 20, and Matthew, 16— perfecting amendments.’’. on the floor of the Senate) after they were driving home from a (c) PROTECTION OF CLASSIFIED INFORMA- family picnic last June. Apparently, At the appropriate place, insert the fol- TION.—Nothing in this section or any amend- this dispute started after Tony Bologna lowing: ment made by it shall be interpreted to re- blocked the gunman’s car from com- SEC. lll. (a) COMMITTEES.—Rule XXVI of quire or permit the declassification or post- pleting a left turn. That was enough to the Standing Rules of the Senate is amended ing on the Internet of classified information merit getting out of the car and un- by inserting at the end thereof the following: in the custody of the Senate. Such classified ‘‘14. (a) It shall not be in order in a sub- information shall be made available to Mem- loading a semiautomatic weapon on committee or committee to proceed to any Bologna’s vehicle, killing him and both bers in a timely manner as appropriate under legislative matter unless the legislative mat- existing laws and rules. of his sons. ter and a final budget scoring by the Con- Ramos is a native of El Salvador. He gressional Budget Office for the legislative Mr. BUNNING. Mr. President, I will was in the country illegally. He is a re- matter has been publically available on the speak more on this amendment at a puted member of the gang MS–13, and Internet as provided in subparagraph (b) in later time. had previously been found guilty of two searchable form 72 hours (excluding Satur- I suggest the absence of a quorum. felonies as a juvenile; not exactly mis- days, Sundays and holidays except when the The PRESIDING OFFICER. The demeanors either, a gang-related as- Senate is in session on such a day) prior to clerk will call the roll. proceeding. The assistant legislative clerk pro- sault and the attempted robbery of a ‘‘(b) With respect to the requirements of pregnant woman. Ramos had been ar- ceeded to call the roll. subparagraph (a)— Mr. BENNETT. Mr. President, I ask rested at least three times before this ‘‘(1) the legislative matter shall be avail- unanimous consent that the order for triple murder. He was living illegally able on the official website of the com- in the United States. There was no doc- mittee; and the quorum call be rescinded. The PRESIDING OFFICER. Without umentation of legal status, no tem- ‘‘(2) the final score shall be available on objection, it is so ordered. porary visa status. the official website of the Congressional So why wasn’t he deported when he Budget Office. Mr. BENNETT. Mr. President, NASA was arrested, particularly on violent ‘‘(c) This paragraph may be waived or sus- is at a very difficult crossroads right pended in the subcommittee or committee charges? Because San Francisco is a now in determining the future of only by an affirmative vote of 2⁄3 of the Mem- sanctuary city. They have made the af- human space flight, and I would like to bers of the subcommittee or committee. An talk about that. firmative determination that estab- 2 affirmative vote of ⁄3 of the Members of the NASA is in the process of deciding lished a policy of breaking Federal law subcommittee or committee shall be re- and not having anything to do with im- quired to sustain an appeal of the ruling of where to put its full support and migration enforcement. That led di- the Chair on a point of order raised under funds—whether it should be behind the rectly to a triple murder of three inno- this paragraph. current Constellation Program or cent American citizens. This is one ‘‘(d)(1) It shall not be in order in the Sen- whether it should change course and go tragic story. There are others. ate to proceed to a legislative matter if the in another direction. legislative matter was proceeded to in a sub- The Augustine Commission has an- The bottom line is, we have a Federal committee or committee in violation of this law that should prevent that. We need nounced some recommendations and paragraph. described them both but leaves it up to that law enforced and lived by, by all ‘‘(2) This subparagraph may be waived or local jurisdictions. The Vitter amend- suspended in the Senate only by an affirma- NASA to make the decision as to where ment will put some reasonable teeth tive vote of 2⁄3 of the Members, duly chosen it will go. I am very concerned NASA behind enforcement and some meaning- and sworn. An affirmative vote of 2⁄3 of the will agree with those recommendations ful consequence when local authorities Members of the Senate, duly chosen and that will relate to access to the Inter- choose to completely ignore and vio- sworn, shall be required in the Senate to sus- national Space Station and will affect late Federal law. tain an appeal of the ruling of the Chair on low-Earth orbit in these difficult budg- I urge my colleagues to support this a point of order raised under this subpara- etary times. graph. We have just finished the space sta- commonsense, reasonable amendment. ‘‘(e) In this paragraph, the term ‘legisla- I yield the floor and suggest the ab- tive matter’ means any bill, joint resolution, tion. So the time comes now to decide sence of a quorum. concurrent resolution, conference report, or how to use it to its greatest advantage. The PRESIDING OFFICER. The substitute amendment but does not include The space station was built with the clerk will call the roll. perfecting amendments.’’. shuttle program, and it has always

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10209 been understood that the space shuttle The Ares program takes advantage of the Senate and went on the then VA- will be retired next year. After that facilities and an already-trained work- HUD Committee that funded NASA, happens, we will be relying upon Rus- force that has made the most reliable the ranking member was Jake Garn, sia to get our astronauts into space. rockets in the world, having flown and your colleague. As we all recall with The original plan was that once the tested over 200 of these solid rocket fondness, Senator Garn was himself shuttle was retired, the next vehicle to motors. We are already seeing reduc- also a Senator astronaut. I must say it get us into space would be the Ares I. tions in our manufacturing base in this was Senator Garn who—I was a God- That is the pivotal point where the de- circumstance in Utah. Just this last dard gal; Goddard is in Maryland. But cision has to be made: Shall we go week, 550 more people who would be space is about space, not about an indi- ahead with Ares I? critical to NASA in maintaining that vidual State. Through his excellent I am very concerned that NASA may base have lost their jobs, and if we workmanship, his patience, his guid- want to divert precious resources from abandon the Ares program, we could ance, I came to know the space pro- the Ares I program in the hope that the lose thousands more. Yes, I am inter- gram. Within 2 years, I happened to, commercial space industry can fill the ested because it is important to my with the retirement of Senator Prox- void. Well, it is disconcerting to me be- State, but I am equally, if not more, mire, take over the committee. I could cause we have a successful track record interested because I think it is impor- not have been an effective Senator had of the Ares program but a less than de- tant to the Nation not to take this it not been for the wise guidance I re- sirable record of the commercial space kind of gamble. ceived from Jake Garn. We did it be- industry. We have invested over 4 years I seriously urge the administration cause we worked together. and $6 billion in the Ares I and Orion to take a look at the bird they have in So this Senator has a real fondness programs, and it is on track. their hand, the bird that has flown over for the Senator from Utah speaking Just last month, we had a successful 200 times successfully, and not be too about the space program. But I only ground test of the new Ares I rocket in excited about the bird that may lie want to reiterate how, when we work Utah. Later this month, NASA will waiting for them somewhere in the together, it is bipartisan, it is in the conduct the first flight test—on track bush. interests of our country, it is about the to deliver a safe, reliable rocket. I yield the floor. stars and the galaxies and the planets, Changes in NASA’s plan should only The PRESIDING OFFICER. The Sen- but it is also about developing that be made if alternatives are available to ator from Maryland. new technology that creates the new provide significant advantages in cost, Ms. MIKULSKI. Mr. President, I wish jobs. schedule, performance, and safety. The to thank the Senator from Utah for his I am here sitting in a wheelchair program that is working should not be remarks. We have essentially three wearing a space boot. I look like I am dropped unless those advantages are space Senators on the floor—the distin- Sally Ride’s advance woman. But it is very clear, and as of now there are no guished Senator from Florida, our Pre- a special device. Many materials were credible alternatives. To me, it makes siding Officer, who has actually been developed through our space program. sense to stay committed to a program an astronaut, and you can ask him if It is an innovative technology, where we have already invested billions of he wants to go into space with the low- you go beyond the outdated casts that dollars in and which has met its sig- est bidder. I think there are certain neither expanded nor contracted during nificant benchmarks. things that one can’t pick who the low- the day that this one can do. So this Right now, the Ares I is the only est bidder will be. technology externally protects me credible solution we have for getting I think there is much to be debated. from, quite frankly, anybody treading crew and cargo services into space once We have the Augustine report, on on me, if you can believe it, but it pro- the shuttle is retired. The Ares I sys- which there has been a hearing, and tects me. Internally, it has the genius tem came out of the Gehman report our bill, the CJS bill, we fully fund the devices that can deal with either the that followed the Columbia accident, reliable transportation system that contraction or the expansion of your recommending that the shuttle be re- would be developed by our government. leg in the course of a day. All of that placed with a launch system that If the President were to change that, came out of our space program. So it is would maximize crew safety. Aries will that would be a new direction and a not only about Senator BARBARA MI- achieve those standards. new appropriation on which there KULSKI and her space boot but all over The system builds on an existing would be tremendous debate and dis- we have been able to develop new med- manufacturing infrastructure that cussion. ical devices because of our space pro- builds on our strengths. We already So I wish to assure the Senator from gram: digital mammography, saving have the industrial base to go ahead Utah and the Presiding Officer, who the lives of women; a space boot that with Ares. We do not have to invent often speaks for the brave men and makes sure that after you have had the anything new. We paid for the re- women who go into space, that what services of a talented and gifted sur- search. Why would we forego years of the CJS bill does is fully fund, No. 1, geon, your leg is also protected. So you successful research and billions of dol- what we need now to make sure our better believe I am going to protect the lars in the promise of an untested space shuttle is safe and fit for duty as space program as much as the space method of getting into space? Why it comes to the end in this decade of its program helped protect my leg today. would we take the gamble? If it turns usable service. Our No. 1 priority will So I wanted to let the Senator know out the hope that the commercial peo- always be the safety of the astronauts, that. ple could fill the void is wrong, we will not the bottom line. We are going to be voting in about 5 have lost the industrial base that pre- The second thing is that in our ap- minutes on a Vitter amendment. I serves our existing alternative to the propriations we disagreed with the know there is another one that the commercial system. House. We actually put money in the Senator from Utah has cosponsored, What will NASA do then, if that Federal checkbook to develop the new which is going to be tomorrow. Right which they might place their hopes in programs, the new technologies for the now, we are going to vote in a few min- turns out to fail, and they have dis- next generation of reliable space trans- utes on sanctuary cities. I am going to mantled the program we now know portation vehicles, and it follows very yield the floor to the Senator from New works? How much money would we much the framework that the Senator Jersey, who is very knowledgeable on save if we were confronted with that from Utah has outlined. this topic. situation a few years down the road? So we look forward, once again, to I yield to Senator MENENDEZ. We risk losing the industrial base that working on our space program in a bi- The PRESIDING OFFICER. The Sen- is paramount to American competi- partisan way. One of the joys of ator from New Jersey is recognized. tiveness. chairing this committee is that when it Mr. MENENDEZ. Mr. President, I I know I will be accused of being pa- comes to our National Space and Aero- thank the distinguished Senator from rochial because a good portion of that nautics Agency, we work on a bipar- Maryland for yielding. industrial base is in my home State of tisan basis. AMENDMENT NO. 2630 Utah, but that does not lessen its sig- The Senator from Utah might be in- Mr. President, I ask unanimous con- nificance or its competence. terested to know, when I first came to sent that the time until 5:55 p.m. be for

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10210 CONGRESSIONAL RECORD — SENATE October 7, 2009 debate prior to a vote in relation to the person’s status. These cities have de- amendment be laid aside so that I may Vitter amendment No. 2630, with the cided they do not want a chilling effect call up, on behalf of myself and Sen- time equally divided and controlled in to prevent people from reporting ator COBURN, amendment No. 2627. the usual form, and that at 5:55 p.m. crime. The PRESIDING OFFICER. Without the Senate proceed to vote in relation That is what tough law enforcement objection, it is so ordered. The clerk to the Vitter amendment No. 2630, with will tell you. Sheriffs will tell you, will report. no amendment in order to the amend- prosecutors will tell you, police chiefs The legislative clerk read as follows: ment prior to the vote. will tell you, and they will tell you The Senator from Michigan [Mr. LEVIN], The PRESIDING OFFICER. Without they want the community to partici- for himself and Mr. COBURN, proposes an objection, it is so ordered. pate in fighting crime. That is why we amendment numbered 2627. The Senator from New Jersey is rec- should vote to table the Vitter amend- Mr. LEVIN. Mr. President, I ask ognized. ment. unanimous consent that the reading of Mr. MENENDEZ. Mr. President, I The PRESIDING OFFICER. The Sen- the amendment be dispensed with. rise to speak against the Vitter amend- ator’s time has expired. The PRESIDING OFFICER. Without ment. This amendment is downright Under the previous order, the ques- objection, it is so ordered. dangerous. It is dangerous to threaten tion is on agreeing to amendment No. The amendment is as follows: policing funds to cities such as New 2630. (Purpose: To ensure adequate resources for York, San Francisco, Los Angeles, Chi- Mr. MENENDEZ. Mr. President, I resolving thousands of offshore tax cases cago, Washington, DC, and smaller move to table, and I ask for the yeas involving hidden accounts at offshore fi- towns across America that have chosen and nays. nancial institutions) to encourage their community mem- The PRESIDING OFFICER. Is there a At the appropriate place, insert the fol- bers to report crime. sufficient second? There appears to be. lowing: The Senate tabled this same amend- The question is on agreeing to the SEC. lll. (a) IN GENERAL.—The Attorney ment last year. The reason this body motion. General shall direct sufficient funds to the was wise enough to defeat it last year The clerk will call the roll. Tax Division, including for hiring additional was because we understood that some The bill clerk called the roll. personnel, to ensure that the thousands of The PRESIDING OFFICER (Mr. BEN- civil and criminal cases pending or referred of the toughest law enforcement offi- during the 2010 fiscal year to the Tax Divi- NET). Are there any other Senators in cials in our country, from sheriffs to sion or to an Office of a United States Attor- prosecutors, and a whole host of law the Chamber desiring to vote? ney related to a United States person who enforcement officials in between, un- Mr. DURBIN. I announce that the owes taxes, interest, or penalties in connec- derstand the cooperation of the com- Senator from West Virginia (Mr. BYRD) tion with a foreign financial account at an munities essential in fighting crime. is necessarily absent. offshore financial institution or who assisted Senator VITTER’s amendment would The result was announced—yeas 61, in the establishment or administration of deny moneys to at least 50 cities in a nays 38, as follows: such an account are— (1) acted on in a prompt fashion by a Fed- whole host of States represented by [Rollcall Vote No. 316 Leg.] YEAS—61 eral prosecutor or attorney; Members on both sides of the aisle. (2) resolved within a reasonable time pe- I want to solve the crime. I want to Akaka Hagan Nelson (FL) riod; and get the perpetrator. I want to convict Baucus Harkin Pryor (3) not allowed to accumulate into a back- Bayh Inouye the person and put them in jail. I don’t Reed log of inactive cases due to insufficient re- Begich Johnson Reid want the opportunity to go to waste Bennet Kaufman Rockefeller sources. because of some political statement Bingaman Kerry Sanders (b) REPROGRAMMING.—If necessary to carry having nothing to do with the core Boxer Kirk Schumer out this section, the Attorney General shall Brown Klobuchar Shaheen submit a request during the fiscal year 2010 issue of security in our communities. Burris Kohl Snowe to reprogram funds necessary for the proc- Cantwell Lautenberg Do we want witnesses to be able to Specter essing of such civil and criminal cases. come forward and provide essential, Cardin Leahy Carper Levin Stabenow Mr. LEVIN. Mr. President, I yield the crucial eye witness testimony about Tester Casey Lieberman floor. I suggest the absence of a the crime or do we want them to hide Udall (CO) Conrad Lincoln quorum. in the darkness and not talk to police Dodd McCaskill Udall (NM) Voinovich The PRESIDING OFFICER. The because they are afraid of their immi- Dorgan Menendez Durbin Merkley Warner clerk will call the roll. gration status? I want to make sure a Feingold Mikulski Webb The bill clerk proceeded to call the witness comes forth and testifies Feinstein Murkowski Whitehouse roll. against a perpetrator and has no fear Franken Murray Wyden Gillibrand Nelson (NE) Mr. DURBIN. Mr. President, I ask to do so. That is why local police op- unanimous consent that the order for pose this amendment. NAYS—38 the quorum call be rescinded. The unwillingness of that person to Alexander Crapo Landrieu come forward because of a fear may Barrasso DeMint LeMieux The PRESIDING OFFICER. Without Bennett Ensign Lugar objection, it is so ordered. lead to other crimes being committed Bond Enzi McCain AMENDMENT NO. 2647, AS MODIFIED by that same individual in the same Brownback Graham McConnell community; perhaps to a child who Bunning Grassley Risch Mr. DURBIN. Mr. President, I ask might be molested, to a person who Burr Gregg Roberts unanimous consent that the pending Chambliss Hatch Sessions might be assaulted, to a family who Coburn Hutchison amendment be set aside and I be al- Shelby Cochran Inhofe lowed to offer an amendment to the might get robbed. Thune Collins Isakson So instead of catching the perpe- Vitter pending legislation. Corker Johanns The PRESIDING OFFICER. Is there trator, we prefer to deny moneys to Cornyn Kyl Wicker communities that have a view that objection? community policing is in their best in- NOT VOTING—1 Without objection, it is so ordered. terests and that means bringing the Byrd Mr. DURBIN. Mr. President, I send community in as part of that effort. The motion was agreed to. an amendment to the desk and ask the These cities have made decisions Mr. MENENDEZ. Mr. President, I clerk report the amendment. across the landscape of this country— move to reconsider the vote, and I The PRESIDING OFFICER. The urban, suburban, and rural—to say we move to lay that motion on the table. clerk will report. care more about prosecuting the crime The motion to lay on the table was The legislative clerk read as follows: and finding the criminal and having agreed to. The Senator from Illinois [Mr. DURBIN] the witness come forward to tell us all The PRESIDING OFFICER. The Sen- proposes an amendment numbered 2647, as about that crime so we can stop that ator from Michigan. modified. person from continuing to perpetrate AMENDMENT NO. 2627 Mr. DURBIN. Mr. President, I ask crimes against other people in our Mr. LEVIN. Mr. President, I ask unanimous consent that the reading of communities than we care about the unanimous consent that the pending the amendment be dispensed with.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10211 The PRESIDING OFFICER. Without don’t necessarily penalize an entire or- this organization when it comes to tak- objection, it is so ordered. ganization because of the sins or ing the census. The Obama administra- The amendment, as modified, is as crimes of a limited number of employ- tion announced they were not going to follows: ees. First, we should find out the facts. use this organization. That is within (Purpose: To require the Comptroller Gen- I know ACORN is unpopular right their right to do. I am not questioning eral to review and audit Federal funds re- now, and much of that scorn they de- that decision. But the efforts by Mem- ceived by ACORN) serve, but ACORN has a number of af- bers on the Senate floor have gone far On page 203, between lines 23 and 24, insert filiated organizations. Incidentally, beyond any agency’s single decision. the following: they are not in Illinois. They do not They have tried to blackball this orga- SEC. 533. REVIEW AND AUDIT OF ACORN FED- operate in my State. It is my under- nization and say it shouldn’t do any ERAL FUNDING. standing they have been gone for sev- work of any kind in any capacity be- (a) REVIEW AND AUDIT.—The Comptroller eral years. But they have a number of fore we have thoroughly investigated General of the United States shall conduct a review and audit of Federal funds received by affiliated organizations that would be the charges that have been raised the Association of Community Organizations affected by the approach which has against it. for Reform Now (referred to in this section been suggested, by an amendment The report I have called for should as ‘‘ACORN’’) or any subsidiary or affiliate which is pending on this legislation. also identify the steps necessary to of ACORN to determine— To my knowledge, we have not yet correct any deficiencies, along with an (1) whether any Federal funds were mis- seen any review or analysis of whether assessment of whether all necessary used and, if so, the total amount of Federal the misconduct was the work of a few steps have been taken to prevent any funds involved and how such funds were mis- employees or whether the entire orga- future misuse of Federal funds. The used; nization and all of its affiliates should GAO will be able to conduct a govern- (2) what steps, if any, have been taken to be held responsible. There may well be ment-wide review—not just one agen- recover any Federal funds that were mis- used; entities affiliated with ACORN that are cy—looking at any funds ACORN or its (3) what steps should be taken to prevent not at fault and that provide essential affiliates have received from any Fed- the misuse of any Federal funds; and services to low-income communities. eral agency. It will be a complete and (4) whether all necessary steps have been Let’s get to the bottom line. Why has comprehensive review and investiga- taken to prevent the misuse of any Federal this organization been treated dif- tion. funds. ferently than others? Why has it been I am not excusing ACORN or its em- (b) REPORT.—Not later than 180 days after the focus of attention? This organiza- ployees for any misconduct. To the the date of enactment of this Act, the Comp- tion focuses on poor people in America. contrary, I think they should be held troller General shall submit to Congress a They have registered over 1 million accountable, particularly for the mis- report on the results of the audit required under subsection (a), along with rec- voters, and I am sure most people be- use of any Federal funds, if it occurred. ommendations for Federal agency reforms. lieve those voters are going to vote in But if we get into the business of pass- ing bills and resolutions against un- Mr. DURBIN. Mr. President, this a certain political way. Folks on the popular people or organizations, this is amendment relates to an organization other side of the political equation a road we ought to carefully travel. that is controversial—an organization don’t care for that—1 million voters There are a lot of companies and orga- known as ACORN. We have seen videos voting against them. So they have been nizations out there that have received in which the employees of ACORN were inspiring this effort against ACORN. Also, over the years, ACORN has government funding and that have had alleged to have said despicable things, been involved in many different States employees commit fraud or other des- and in fact, on those tapes, did say des- to improve minimum wages for poor picable acts. picable things. The employees in ques- employees—poor people who are trying I found it curious, the level of anger tion have been fired by their organiza- to get enough money to keep their and the level of interest when it comes tion, and ACORN is being investigated families together. That doesn’t sit well to ACORN. Yet when it turned out that by several State and Federal agencies with a number of businesses, and I am Kellogg Brown & Root—a subsidiary of because of their misconduct and poten- sure they have increased the anger of a Halliburton, which was a sole-source tial misuse of government funds. lot of people over their conduct. They contractor during our war in Iraq—was I am also troubled by the discoveries have also been involved in counseling found to have been involved in conduct of voter registration fraud, and I am people who are about to lose their that led to shoddy workmanship and glad that ACORN reported those inci- homes to foreclosures, how to avoid which cost the life of an American sol- dents to authorities. The employees in- predatory lenders—banks that are un- dier by electrocution and endangered volved have also been fired by ACORN. scrupulous. I am sure those banks many others; when this same organiza- The actions by those employees were don’t care for ACORN either. tion was involved in supplying water not tolerated, and should not be toler- So they have made their share of en- supplies and sources to our troops that ated. They were inexcusable. Anyone emies working with and standing up were dangerous; when in fact there was who has broken the law should be held for poor people across America. They evidence of sexual harassment, I didn’t accountable and, if necessary, pros- have certainly made their share of mis- see the same level of anger coming ecuted. takes. We saw that in videotapes, and from the media or from my colleagues ACORN deserves much of the criti- we have seen it in other disclosures. on the floor of the Senate. No. But cism it has received for allowing this But Congress should not, without care- when it comes to ACORN, registering type of behavior to happen. However, ful consideration, permanently deny poor people to vote, then we have to although ACORN was clearly wrong, assistance to the thousands of people take action. we are seeing in Congress an effort to and families who have been receiving We need an approach that can stand punish ACORN that goes beyond any ACORN’s legitimate legal help to avoid the test of time and the test of justice. experience I can recall in the time I predatory lending and foreclosure be- My approach is based on some pretty have been on Capitol Hill. We have put cause of the misconduct of a handful of fundamental American principles, call- ourselves—with some of the pending employees who have been terminated ing for this GAO study and investiga- amendments—in the position of pros- by ACORN. tion. First, individuals should be held ecutor, judge, and jury. That is why I am proposing that we accountable for their actions. Second, Mr. President, I went to one of these get to the bottom of this by having a organizations—and I might add cor- old-fashioned law schools. We believed thorough investigation; that Congress porations too—should be held account- that first you have the trial, then you direct the Government Accountability able for the policies they set. Third, or- have the hanging. But, unfortunately, Office to review and report back to us ganizations and corporations should when it comes to this organization, within 180 days on whether any Federal not be permanently cut off based on there has been a summary execution funds have been misused by ACORN or the actions of individual employees order issued before the trial. I think its affiliates; and, if so, in what who violated the organizational policy that is wrong. In America, you have a amounts and in what ways. and were fired. trial before a hanging, no matter how This doesn’t stop this administration There should be a process for address- guilty the party may appear. And you from deciding not to use the services of ing wrongs and moving forward with

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10212 CONGRESSIONAL RECORD — SENATE October 7, 2009 policies that will prevent future mis- and city attorney. Perhaps even more ities, the homeless, the dispossessed. deeds. That isn’t a new idea, it is a importantly, the TYDE program pro- Senator Kennedy took up the causes of very old idea. It is the American sys- vides the youth with a comprehensive these Americans as his own. The poor, tem of justice. So let’s let the Govern- program to deal with substance abuse. the powerless and the forgotten lost an ment Accountability Office get to the It is a successful program, and both ever-faithful protector and their tire- bottom of this. Let’s make sure we tribal leaders and local criminal jus- less advocate. have done our due diligence; have a tice officials would like the oppor- On a personal note, I recall in early thorough, complete, honest and accu- tunity for the Sitka Tribe to receive 2007, during my first weeks in the Sen- rate, fair investigation before we pass Federal funds to support and expand ate, Senator Kennedy gave me and laws that turn us into judges and ju- their important work. other freshman Senators floor time to ries. Currently, because of this 2004 rider, speak about increasing the minimum The report I am calling for will pro- the Sitka Tribe cannot receive any De- wage. In early 2009, when I was named vide us with the guidance we need. partment of Justice funding for their to the HELP Committee, Senator Ken- Let’s follow the facts. Let’s not follow programs. I believe we should do more nedy called to welcome me to the com- our passions. It is a clear call for ac- to support local programs such as the mittee and invited me to hold field countability from the Government Ac- TYDE in their efforts to prevent alco- hearings in Pennsylvania on issues like countability Office when it comes to hol and drug abuse. This is a problem health care and education. I will never this organization of ACORN. I urge my for American youth wherever they live, forget his courtesy and the respect he colleagues to support it. but it is an especially devastating cir- showed to fellow Senators. Mr. President, I yield the floor. cumstance for Alaska Natives. Tribal In closing, I am reminded of the Mr. INOUYE. Mr. President, I submit governments in the lower 48 do not face words Senator Kennedy spoke about pursuant to Senate rules a report, and similar restrictions, and along with my Mike Mansfield when the majority I ask unanimous consent that it be colleague Senator MURKOWSKI, I re- leader retired: printed in the RECORD. spectfully request that my colleagues No one in this body personifies more near- There being no objection, the mate- support this important amendment. ly than Mike Mansfield the ideal of the Sen- rial was ordered to be printed in the f ate. Wisdom, integrity, compassion, fairness, RECORD, as follows: humanity—these virtues are his daily life. DISCLOSURE OF CONGRESSIONALLY DIRECTED MORNING BUSINESS He inspired all of us, Democrat and Repub- SPENDING ITEMS Mr. BENNET. Mr. President, I ask lican, by his unequalled example. He could I certify that the information required by unanimous consent the Senate proceed stretch this institution beyond its ordinary rule XLIV of the Standing Rules of the Sen- to a period of morning business, with ability, as easily as he could shame it for failing to meet its responsibility. ate related to congressionally directed Senators permitted to speak for up to spending items has been identified in the The same can be said about Senator committee report which accompanies H.R. 10 minutes each. The PRESIDING OFFICER. Without Kennedy. We will miss him in this 2847 and that the required information has Chamber, but we will never forget the been available on a publicly accessible con- objection, it is so ordered. lessons he taught us or the legacy he gressional website at least 48 hours before a f vote on the pending bill. leaves behind. REMEMBERING SENATOR TED M. Mr. BEGICH. Mr. President, I wish to f KENNEDY speak on an amendment I have filed HONORING OUR ARMED FORCES with my colleague from Alaska, Sen- Mr. CASEY. Mr. President, today we SPECIALIST PAUL E. ANDERSEN ator MURKOWSKI. remember our colleague and our friend This amendment will repeal a provi- Senator Ted Kennedy. There are few Mr. BAYH. Mr. President, I rise sion contained in the Commerce, Jus- people alive today whose lives have not today with a heavy heart to honor the tice, and Science Appropriations bill been impacted by the work of Senator life of SPC Paul E. Andersen from each year since 2004, which has pre- Kennedy. South Bend, IN. Paul was 49 years old vented tribes in certain areas of Alas- A brilliant legislator, Senator Ken- when he lost his life on October 1, 2009, ka—and only in Alaska—from receiv- nedy championed bipartisanship and due to injuries sustained from indirect ing any Federal funds to support their compromise to leave behind an incom- fire in Baghdad, Iraq. He was a member programs. This rider was added several parable record. In his 45 plus years in of the 855th Quartermaster Company, years ago as part of a dispute over trib- the U.S. Senate, he authored over 2,500 U.S. Army Reserve, South Bend. al sovereignty, but I join with Senator bills and several hundred became law. Today, I join Paul’s family and MURKOWSKI to say to our colleagues Today, people with disabilities cannot friends in mourning his death. He will that whatever the merits of the past be discriminated against in the work- forever be remembered as a loving hus- dispute, this provision is having real place because of Senator Kennedy. band, father, and friend to many. Paul and adverse impacts on the administra- Women must be paid the same as men is survived by his wife Linda, children, tion of justice in Alaska. for the same work because of Senator grandchildren, and extended family. Perhaps no place is seeing the nega- Kennedy. And low-income children Paul joined the Army in 1984. In No- tive impacts of this policy quite as have access to health care because of vember of 2008, he began his second acutely as Sitka, AK. This provision is Senator Kennedy. tour in Iraq. Paul was a Michiana na- currently harming the efforts of the Like his brothers before him, Senator tive who grew up in Elkhart and grad- Sitka Tribe of Alaska to work with the Kennedy challenged young people uated from Buchanan High School in judicial system of the State of Alaska, across America and around the world 1979. For the past 8 years he was living and everyone in that part of the to devote their lives to something more and working in South Bend. He loved State—Alaska Native or not—is paying than just themselves and lead by exam- his wife Linda deeply and returned the price. ple. Whether it was championing civil home on leave this past August to cele- The Sitka Tribe has been working rights legislation in the 1960s, con- brate their fifth wedding anniversary. with the State of Alaska’s court sys- demning apartheid in South Africa be- Family members say he lived to be in tem to create a collaborative effort to fore it became politically popular to do the service and loved military life. battle substance abuse in their commu- so, promoting the need for early child- Though he was scheduled to return nity. Tribal leaders and local court of- hood education or advocating for from Iraq in early November, Paul had ficials created the Tribal Youth Diver- health care, Senator Kennedy led the expressed a strong desire to stay in sion Effort, TYDE, which currently charge. Iraq for another year. Just prior to his takes on the nonviolent drug posses- Senator Hubert Humphrey once said death, he had reenlisted for the next 6 sion cases of both native and non-na- that the moral test of government is years. His family takes comfort in the tive minors, rather than forcing local how it treats those in the dawn of life, idea that he died doing what he loved youth to go through the State court our children, those in the twilight of most. system. This program has reduced the life, our older citizens, and those in the While we struggle to express our sor- caseload of the both the State courts shadows of life, people with disabil- row over this loss, we can take pride in

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10213 the example Paul set as a soldier, fa- and B–1, which were not designed for Belle’s life. The businessman and his ther, and grandfather. Today and al- low speed, long-loiter close air support young wife moved not long after their ways, he will be remembered by family, missions and recommended a system marriage to Little Rock, AR, where friends and fellow Hoosiers as a true study of the available platforms to un- Mark saw new business opportunities, American hero, and we cherish the leg- derstand the cost per unit of inte- and then in 1958 to Memphis, TN. acy of his service and his life. grating the laser onto each platform as There, Belle Lipman became a pillar of It is my sad duty to enter the name well as long-term operations and main- the community. Her work in civic af- of Paul E. Andersen in the official tenance costs with each integrated sys- fairs was extensive. She was president RECORD of the U.S. Senate for his serv- tem. Senate amendment No. 2605 car- of the Little Rock chapter of Hassadah, ice to this country and for his profound ries out the recommendations of the the worldwide Jewish women’s organi- commitment to freedom, democracy, board to get the best benefit of the tax- zation, among a host of endeavors in and peace. I pray that Paul’s family payer’s dollar spent to date and into charity, service and the arts. can find comfort in the words of the the future on tactical laser systems But it is not those remarkable ac- prophet Isaiah, who said, ‘‘He will under development by the Air Force. complishments alone that made Belle swallow up death in victory; and the I ask unanimous consent to have Lipman such a special woman. As years Lord God will wipe away tears from off printed in the RECORD a letter dated passed, her zest for life, for new experi- all faces.’’ October 7, 2009. ence, and to learn of new cultures grew May God grant strength and peace to There being no objection, the mate- apace. A lifelong interest in travel those who mourn, and may God be with rial was ordered to be printed in the made her one of the first American all of you, as I know He is with Paul. RECORD, as follows: citizens to travel to China after diplo- f U.S. SENATE, matic relations with that nation were Washington, DC, October 7, 2009. reestablished in 1979. Her travels took ADVANCED TACTICAL LASER Hon. DANIEL INOUYE, her to a hot-air balloon over the plains Mr. BINGAMAN. Mr. President, Chairman, Committee on Appropriations, Sub- of Kenya, the rivers of the Amazon, committee on Defense, Senate Appropria- under paragraph 9 of rule XLIV of the and the ancient cities of Peru. She rode Standing Rules of the Senate, I am tions Committee, Senate Dirksen Office Building, Washington, DC. the Orient Express at the age of 87. At here by submitting a description of Hon. THAD COCHRAN, 92, she crossed the Arctic Circle. At 95, Senate amendment No. 2605 that was Vice Chairman, Committee on Appropriations, she visited the mountains of Tibet and accepted by unanimous consent to H.R. Subcommittee on Defense, Senate Appro- a host of other places. At her 95th 3326 as follows: priations Committee, Senate Dirksen Office birthday party, she celebrated the only Item: Additional User Evaluation and Building, Washington, DC. way she knew how, with verve by danc- System Study for Advanced Tactical DEAR CHAIRMAN INOUYE AND VICE-CHAIR- ing the Charleston. Laser (ATL) MAN COCHRAN: On October 6th, the Senate adopted by unanimous consent Senate Belle Lipman was a model—a model Request Amount: $5.0M. of how to live life to the fullest and Requestor: Boeing Corporation Amendment 2605, which proposes to allocate up to $5 million Consistent with the Air how a thirst for new experiences can Address: Boeing—SVS, 4411 The 25 Force Scientific Advisory Board report enti- fill a lifetime. My wife Barbara and I Way NE #350, Albuquerque, NM 87109– tled ‘‘The Airborne Tactical Laser (ATL) send our condolences to her beloved 5858 Feasibility for Gunship Operations’’ to con- children, her son Ira and her daughter Suggested Location of Performance duct additional Enhanced User Evaluation of Carol, her grandchildren, and her (major portion of the work): Albu- the ATL and enter into an agreement with a great-grandchildren. We do so with the Federally Funded Research and Development querque, NM. sure knowledge that the joy of Belle Senate amendment No. 2605 proposes Center to conduct a system analysis of inte- grating solid state laser systems onto C–130, Lipman’s life will over time ease the to allocate up to $5 million consistent pain of her passing, leaving the warm- with the Air Force Scientific Advisory B–1 and F–35 platforms for the purpose of close air support. est of memories to sustain family and Board report entitled ‘‘The Airborne I certify that neither I nor my immediate friends. Tactical Laser (ATL) Feasibility for family has a pecuniary interest in this con- f Gunship Operations’’ to conduct addi- gressionally directed spending item, con- tional enhanced user evaluation of the sistent with the requirements of paragraph 9 ADDITIONAL STATEMENTS ATL and enter into an agreement with of Rule XLIV of the Standing Rules of the a federally funded research and devel- Senate. I further certify that I have sub- opment center to conduct a system mitted a description of the amendment in TRIBUTE TO LOUISIANA WWII analysis of integrating solid state laser the Congressional Record and on my official VETERANS website, along with the accompanying jus- ∑ systems onto C–130, B–1, and F–35 plat- tification. If you have any questions, contact Ms. LANDRIEU. Mr. President, I am forms for the purpose of close air sup- Dr. Jonathan S. Epstein on my staff. proud to honor a group of 90 World War port. Such system study shall estimate Sincerely, II veterans from all over Louisiana who per unit costs of such laser systems as JEFF BINGAMAN, traveled to Washington, DC, on Sep- well costs to operate and maintain U.S. Senator. tember 26 to visit the various memo- each platform with the laser system. f rials and monuments that recognize Why Spending is in Interest to the the sacrifices of our Nation’s invalu- Taxpayer: The Air Force Scientific Ad- REMEMBERING BELLE ACKERMAN able service members. visory Board report entitled ‘‘The Air- LIPMAN Louisiana HonorAir, a group based in borne Tactical Laser (ATL) Feasibility Mr. LEVIN. Mr. President, I wish to Lafayette, LA, sponsored this trip to for Gunship Operations’’ made a num- remember the life of an extraordinary the Nation’s Capital. The organization ber of recommendations regarding the woman. Belle Ackerman Lipman is honoring surviving World War II advanced tactical laser. In addition to passed away at her home in Memphis, Louisiana veterans by giving them an phasing out the ATL chemical laser TN, on August 17, 2009, in the 100th opportunity to see the memorials dedi- system and transitioning to an electric year of her remarkable life. A beloved cated to their service. The veterans laser system, the board recommended wife, mother, grandmother, great- visited the World War II, Korea, Viet- that additional enhanced user evalua- grandmother, and friend, Mrs. Lipman nam, and Iwo Jima Memorials. They tions take place of the integrated is a model for all of us who hope to live also traveled to Arlington National laser-gunship system so that the most life fully and for all the years granted Cemetery. data possible can be collected of the us. This was the first of three flights funds spent to date on operational as- A daughter of Romanian immigrants, Louisiana HonorAir made to Wash- pects of the tactical laser system re- Belle Ackerman was born in 1910 in ington, DC, this fall. It is the 18th gardless of laser characteristics. In ad- Philadelphia, where her parents owned flight to depart from Louisiana, which dition, the board questioned the utility a general store. Just five blocks away has sent more HonorAir flights than of placing tactical laser systems on from the store lived young Mark any other State to the Nation’s Cap- high-speed platforms such as the F–35 Lipman, who would become the love of ital.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10214 CONGRESSIONAL RECORD — SENATE October 7, 2009 World War II was one of America’s small, wisely continue to invest in the Associated General Contractors of greatest triumphs but was also a con- green energy innovation. As we enter Maine, the most recent in recognition flict rife with individual sacrifice and an exciting era of remarkable techno- of the firm’s extraordinary efforts on tragedy. More than 60 million people logical advances that will change the the Stetson wind project. Awarded worldwide were killed, including 40 course of America forever, we are cre- based on a firm’s innovation, environ- million civilians, and more than 400,000 ating a more energy efficient and com- mental sensitivity, safety record, and American service members were slain petitive Nation. I wish to recognize a general excellence, the Build Maine during the long war. The ultimate vic- small contracting firm from my home Award is a truly fitting tribute to Reed tory over enemies in the Pacific and in State of Maine that has become a lead- & Reed’s superior quality of work. Europe is a testament to the valor of er in the promising field of wind power Of note, leaders from Reed & Reed re- American soldiers, sailors, airmen, and technology. cently visited Spain and Germany with marines. The years 1941 to 1945 also Located in the small midcoast town Maine Governor John Baldacci and witnessed an unprecedented mobiliza- of Woolwich, Reed & Reed, Inc., is a other wind industry representatives as tion of domestic industry, which sup- general contracting company that fo- part of a weeklong trade mission. The plied our military on two distant cuses on a wide array of projects rang- trip provided a prime opportunity to fronts. ing from bridge construction to wind showcase Maine’s emergence as a lead- In Louisiana, there remain today power services. Founded in 1928, the er in wind power, and it was a tremen- about 30,000 living WWII veterans, and company was a partnership of Captain dous honor for such a deserving com- each one has a heroic tale of achieving Josiah W. Reed and his son, Carlton pany to be invited to participate. the noble victory of freedom over tyr- Day Reed, with a mere $2,000 capital in- A name synonymous with ingenuity, anny. This group had 25 veterans who vestment. Presently run by two Colby Reed & Reed is leading Maine and New served in the U.S. Army, 19 in the College graduates, president and CEO England into a new frontier of innova- Army Air Corps, 29 in the Navy, 11 in Jackson A. Parker and treasurer tion and environmental responsibility. the Marine Corps, 2 in the Merchant Thomas C. Reed, Reed & Reed is well I commend Messrs. Parker and Reed, Marines, 2 in the Coast Guard, and 2 positioned to remain the premier wind and everyone at Reed & Reed, for eight were Army nurses. power services contractor in New Eng- decades of unparalleled work in a vari- Our heroes, many of them from land for decades to come. ety of fields and wish them continued South Louisiana, trekked the world for Throughout its storied history, Reed success in their multiple endeavors.∑ their country. They fought in Ger- & Reed has been at the center of nu- f many, Holland, France, Italy, Africa, merous critical projects across the re- RECOGNIZING LOUISVILLE, Guam, Bougainville, Guadalcanal, Iwo gion. From its early focus on con- COLORADO Jima, Okinawa, the Philippines, New structing bridges, to more recent ven- Guinea, Japan and Saipan. Their jour- tures including commercial buildings, ∑ Mr. UDALL of Colorado. Mr. Presi- neys included the invasions of North marine terminals, and industrial facili- dent, today I congratulate the city of Africa, Sicily, and Normandy. ties, the company has built a strong Louisville, CO, for being named re- One of our Army Air Corps veterans reputation based on the expansive cently as the top place to live in the was declared missing in action for 58 breadth of its work. Among other ef- Nation by Money Magazine. I know days in Yugoslavia after bailing out of forts, Reed & Reed has helped con- that Colorado is home to many amaz- his aircraft. Another Army veteran struct facilities at the Brunswick ing towns, cities and communities. It fought bravely in the Battle of the Naval Air Station and Portland’s Inter- would be nearly impossible to choose Bulge, while an Army Air Corps vet- national Ferry Terminal and has been which among them is the top place to eran made the Bataan Death March involved in several transportation con- live, but I am proud that Louisville re- and spent 5 years in prison camps be- struction projects, including repairs to ceived this prestigious honor. fore being liberated on August 17, 1946. bridges on Maine’s interstate highways Every 2 years, Money Magazine re- One Navy veteran earned a Gold star, and the Maine Turnpike Widening leases a ranking of cities under 50,000 Bronze star, and Hazardous Award for Project earlier this decade. One of the residents. In compiling these rankings, his service in the Pacific. An Army Air more impressive projects Reed & Reed the editors consider factors such as Corps veteran fought in Europe, Africa, has been associated with is the historic economic opportunity, schools, afford- and the Middle East where he received Penobscot Narrows Bridge, only the ability of homes, crime rates, and en- an Air Medal, three oak leaf clusters, second cable-stayed bridge in all of tertainment options for families. This and a Distinguished Unit Badge for his New England and a massive accom- year marks the third consecutive time outstanding service. plishment in its own right. Addition- Louisville has made the list, ranking A Navy veteran earned seven cam- ally, the company earned numerous fifth in 2005 and third in 2007. paign stars and was in Tokyo Bay the recognitions and awards for this monu- In addition to the usual factors, this morning of the Japanese surrender. An- mental task, including an Outstanding year’s survey had an added component. other veteran served as part of the Civil Engineering Achievement Award People from around the nation said 101st Airborne, fighting in Holland, from the American Society of Civil En- that the availability of great jobs was Bastogne, Alsace, Ruhr, and gineers. the most important factor to them Berchesgarten. Reed & Reed has most recently taken when deciding where to live. This does I am also proud to acknowledge that the leading role in several wind power not come as a surprise to any of us, but of the 90 veterans who visited Wash- service projects in various spots across makes Louisville’s ranking all that ington this past weekend, 5 were Maine. The firm is presently at work much more impressive for Colorado. women who served our country with on the Kibby Mountain Wind Power While Louisville has certainly seen the honor and distinction during World Project, slated for completion 1 year effects of the economic downturn, it War II. Three brothers also made the from now. And Reed & Reed was at the has been able to continue to support trip together. heart of what is now Maine’s largest and attract cutting-edge businesses. I ask the Senate to join me in hon- wind power producer, the Stetson ConocoPhillips is an example of just oring these 90 veterans, all Louisiana Mountain Project, which was com- one business that has recently decided heroes, who visited Washington, and pleted last year in Danforth. to put down roots in Louisville, where Louisiana HonorAir for making these Earlier this year, the Maine Develop- it plans to build a renewable energy trips a reality.∑ ment Foundation selected Reed & Reed and new technologies research facility. f as one of its Champions of Economic The businesses located in Louisville’s Development because of the company’s Tech Center continue be at the fore- RECOGNIZING REED & REED, INC. broad commitment to economic growth front of Colorado’s high-tech develop- ∑ Ms. SNOWE. Mr. President, as our in Maine, high professional standards, ment, and those located on Louisville’s Nation increases its efforts to be more and innovativeness. Among countless historic Main Street support jobs while environmentally friendly, individuals, other awards, Reed & Reed has also re- continuing traditions started genera- families, and businesses, both large and ceived seven Build Maine Awards from tions ago.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10215 But more than its ability to attract the ‘‘Ralph Regula Federal Building and From the Permanent Select Com- businesses and jobs, the heart of Louis- United States Courthouse’’. mittee on Intelligence, for consider- ville and what makes it the top place H.R. 2053. An act to designate the United ation of matters within the jurisdic- States courthouse located at 525 Magoffin to live is its solid community and com- Avenue in El Paso, Texas, as the ‘‘Albert tion of that committee under clause 11 mitment to the outdoors. Louisville Armendariz, Sr., United States Courthouse’’. of rule X: Messrs. REYES, SCHIFF and supports a vibrant summer farmers’ H.R. 2121. An act to authorize the Adminis- HOEKSTRA; market and Friday night Street Faire, trator of General Services to convey a parcel From the Committee on Education which brings to town musical acts from of real property in Galveston, Texas, to the and Labor, for consideration of sec- across the West. Earlier this summer, Galveston Historical Foundation. tions 243, 551–553, 585, 2833 and 2834 of the annual Louisville Fourth of July H.R. 2498. An act to designate the Federal the House bill and sections 531–534 and building located at 844 North Rush Street in 3136 of the Senate amendment, and celebration included the traditional Chicago, Illinois, as the ‘‘William O. Lipinski fireworks show and a giveaway of 4,000 Federal Building’’. modifications committed to con- hot dogs and bratwursts cooked by the H.R. 2913. An act to designate the United ference: Ms. WOOLSEY, Mr. ALTMIRE mayor and city council, part of a long- States courthouse located at 301 Simonton and Mrs. BIGGERT; standing tradition. Money Magazine Street in Key West, Florida, as the ‘‘Sidney From the Committee on Energy and also remarked on Louisville’s share of M. Aronovitz United States Courthouse’’. Commerce, for consideration of sec- the legendary Colorado sunshine and S. 1289. An act to improve title 18 of the tions 247, 315 and 601 of the House bill United States Code. beautiful open spaces. In a town of and sections 311, 601, 2835 and 3118 of 18,000 residents, Louisville has over At 10:06 a.m., a message from the the Senate amendment, and modifica- 2000 acres of open space, 26 parks and House of Representatives, delivered by tions committed to conference: Messrs. nearly 30 miles of trails, most with Mrs. Cole, one of its reading clerks, an- WAXMAN, MARKEY of Massachusetts panoramic views of the Front Range nounced that pursuant to section 4 of and BARTON of Texas; Mountains. the Ronald Reagan Centennial Com- From the Committee on Foreign Af- I congratulate both Louisville and mission Act of 2009 (Public Law 111–25), fairs, for consideration of sections 812, the town of Superior, CO, which earned the Speaker appoints as members of 907, 912, 1011, 1013, 1046, 1201, 1211, 1213– a ranking of 13th on the list. We know the Ronald Reagan Centennial Com- 1215, 1226, 1230A, 1231, 1236, 1239, 1240, that Coloradans are proud of their out- mission the following Members on the title XIII, sections 1513, 1516, 1517, and standing communities, and it is only part of the House: Mr. FOSTER of Illi- 2903 of the House bill and sections 1021, appropriate that Colorado is home to nois and Mr. MOORE of Kansas. 1023, 1201–1203, 1205–1208, 1211–1214, sub- the ‘‘Best Place to Live’’ in the Nation. At 11:24 a.m., a message from the title D of title XII, title XIII and sec- Congratulations again to the residents House of Representatives, delivered by tion 1517 of the Senate amendment, and of Louisville.∑ Mrs. Cole, one of its reading clerks, an- modifications committed to con- ference: Messrs. BERMAN, ACKERMAN f nounced that the House has agreed to the following concurrent resolution, and Ms. ROS-LEHTINEN; MESSAGE FROM THE PRESIDENT without amendment: From the Committee on Homeland A message from the President of the S. Con. Res. 42: Concurrent resolution pro- Security, for consideration of section United States was communicated to viding for the acceptance of a statue of Helen 1101 of the House bill, and modifica- the Senate by Mrs. Neiman, one of his Keller, presented by the people of Alabama. tions committed to conference: Mr. secretaries. THOMPSON of Mississippi, Ms. TITUS and At 12:56 p.m., a message from the Mr. BILIRAKIS; f House of Representatives, delivered by From the Committee on House Ad- EXECUTIVE MESSAGE REFERRED Ms. Niland, one of its reading clerks, ministration, for consideration of sub- announced that the House disagree to title H of title V of the Senate amend- As in executive session the Presiding the amendment of the Senate to the ment, and modifications committed to Officer laid before the Senate a mes- bill (H.R. 2647) entitled ‘‘An Act to au- conference: Messrs. CAPUANO, GON- sage from the President of the United thorize appropriations for fiscal year ZALEZ and LUNGREN of California; States submitting a nomination which 2010 for military activities of the De- From the Committee on the Judici- was referred to the Committee on Com- partment of Defense, for military con- ary, for consideration of sections 583, merce, Science, and Transportation. struction, and for defense activities of 584, 1021 and 1604 of the House bill and (The nomination received today is the Department of Energy, to prescribe sections 821, 911, 1031, 1033, 1056, 1086 printed at the end of the Senate pro- military personnel strengths for such and division E of the Senate amend- ceedings.) fiscal year, to provide special pays and ment, and modifications committed to f allowances to certain members of the conference: Mr. NADLER of New York, Armed Forces, expand concurrent re- Ms. ZOE LOFGREN of California and Mr. MESSAGE FROM THE HOUSE ceipt of military retirement and VA GOHMERT; ENROLLED BILL SIGNED disability benefits to disabled military From the Committee on Natural Re- At 9:32 a.m., a message from the retirees, and for other purposes.’’, and sources, for consideration of sections House of Representatives, delivered by agree to the conference asked by the 1091 and 2308 of the Senate amendment, Ms. Niland, one of its reading clerks, Senate on the disagreeing votes of the and modifications committed to con- announced that the Speaker has signed two Houses thereon, and that the fol- ference: Messrs. RAHALL, FALEO- the following enrolled bill: lowing Members be the managers of the MAVAEGA and HASTINGS of Washington; H.R. 3663. An act to amend title XVIII of conference on the part of the House: From the Committee on Oversight the Social Security Act to delay the date on From the Committee on Armed Serv- and Government Reform, for consider- which the accreditation requirement under ices, for consideration of the House bill ation of sections 321, 322, 326–329, 335, the Medicare Program applies to suppliers of and the Senate amendment, and modi- 537, 666, 814, 815, 834, 1101–1107, 1110–1113 durable medical equipment that are phar- fications committed to conference: and title II of division D of the House macies. Messrs. SKELTON, SPRATT, ORTIZ, TAY- bill and sections 323, 323A–323C, 814, 822, The enrolled bill was subsequently LOR, ABERCROMBIE, REYES, SNYDER, 824, 901, 911, 1056, 1086, 1101–1105 and 1162 signed by the President pro tempore SMITH of Washington, Ms. LORETTA of the Senate amendment, and modi- (Mr. BYRD). SANCHEZ, Messrs. MCINTYRE, BRADY of fications committed to conference: ENROLLED BILLS SIGNED Pennsylvania, ANDREWS, Mrs. DAVIS of Messrs. TOWNS, LYNCH and FORTEN- The President pro tempore (Mr. California, Messrs. LANGEVIN, LARSEN BERRY; BYRD) reported that he had signed the of Washington, COOPER, MARSHALL, Ms. From the Committee on Science and following enrolled bills, previously BORDALLO, Messrs. MCKEON, BARTLETT, Technology, for consideration of sec- signed by the Speaker of the House: THORNBERRY, JONES, AKIN, FORBES, tions 248, 819, 836, and 911 of the House H.R. 1687. An act to designate the federally MILLER of Florida, WILSON of South bill and sections 801, 814, 833, 834, 912 occupied building located at McKinley Ave- Carolina, LOBIONDO, BISHOP of Utah, and division F of the Senate amend- nue and Third Street, SW., Canton, Ohio, as TURNER and WITTMAN; ment, and modifications committed to

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10216 CONGRESSIONAL RECORD — SENATE October 7, 2009 conference: Messrs. GORDON of Ten- accompanying papers, reports, and doc- received in the Office of the President of the nessee, WU and SMITH of Nebraska; uments, and were referred as indicated: Senate on October 5, 2009; to the Committee on Finance. From the Committee on Small Busi- EC–3265. A communication from the Assist- ness, for consideration of section 830 of EC–3275. A communication from the Assist- ant Secretary of Defense (Reserve Affairs), ant Secretary, Bureau of Political-Military the House bill and sections 833, 834, 838, transmitting, pursuant to law, a report rel- Affairs, Department of State, transmitting, 1090 and division F of the Senate ative to proposed changes to its Fiscal Year pursuant to law, an addendum to a certifi- amendment, and modifications com- 2008 National Guard and Reserve Equipment cation, transmittal number: DDTC 066–09, of mitted to conference: Ms. VELA´ ZQUEZ Appropriation from the Fiscal Year 2008 De- the proposed sale or export of defense arti- and Messrs. NYE and GRAVES; partment of Defense Appropriations Act; to cles, including technical data, and defense From the Committee on Transpor- the Committee on Armed Services. services to a Middle East country regarding tation and Infrastructure, for consider- EC–3266. A communication from the Acting any possible affects such a sale might have Assistant Secretary, Bureau of Legislative ation of sections 315, 601 and 2811 of the relating to Israel’s Qualitative Military Edge Affairs, Department of State, transmitting, over military threats to Israel; to the Com- House bill and sections 311, 601, 933, pursuant to law, a report relative to current mittee on Foreign Relations. 2835, 8301, 6002, 6007, 6008, 6012 and 6013 military, diplomatic, political, and economic EC–3276. A communication from the Assist- of the Senate amendment, and modi- measures that are being or have been under- ant Secretary, Bureau of Political-Military fications committed to conference: Mr. taken to complete our mission in Iraq suc- Affairs, Department of State, transmitting, CUMMINGS, Ms. RICHARDSON and Mr. cessfully; to the Committee on Armed Serv- pursuant to law, an addendum to a certifi- MICA; ices. cation, transmittal number: DDTC 092–09, of From the Committee on Veterans Af- EC–3267. A communication from the Gen- the proposed sale or export of defense arti- fairs, for consideration of sections 525, eral Counsel of the Federal Housing Finance cles, including technical data, and defense services to a Middle East country regarding 583, 584 and section 121 of division D of Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Home Loan any possible affects such a sale might have the House bill and sections 573–575, 617, Bank Boards of Directors: Eligibility and relating to Israel’s Qualitative Military Edge 711, subtitle E of title X, sections 1084 Elections Final Rule’’ (RIN2590–AA03) re- over military threats to Israel; to the Com- and 1085 of the Senate amendment, and ceived in the Office of the President of the mittee on Foreign Relations. modifications committed to con- Senate on October 5, 2009; to the Committee EC–3277. A communication from the Assist- ference: Messrs. RODRIGUEZ, DONNELLY on Banking, Housing, and Urban Affairs. ant Secretary, Bureau of Political-Military Affairs, Department of State, transmitting, of Indiana and BUYER. EC–3268. A communication from the Gen- Ordered further, that pursuant to eral Counsel of the Federal Housing Finance pursuant to law, an addendum to a certifi- cation, transmittal number: DDTC 103–09, of clause 11 of rule I, the Speaker removes Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Post-Employment the proposed sale or export of defense arti- the gentleman from Texas, Mr. REYES, cles, including technical data, and defense Restriction for Senior Examiners’’ (RIN2590– as a conferee from the Permanent Se- services to a Middle East country regarding AA19) received in the Office of the President lect Committee on Intelligence in the any possible affects such a sale might have of the Senate on October 2, 2009; to the Com- relating to Israel’s Qualitative Military Edge conference on disagreeing votes of the mittee on Banking, Housing, and Urban Af- over military threats to Israel; to the Com- two Houses on the amendment of the fairs. Senate to the bill (H.R. 2647) entitled mittee on Foreign Relations. EC–3269. A communication from the Acting EC–3278. A communication from the Assist- ‘‘An Act to authorize appropriations Director, Office of Civilian Radioactive ant Secretary, Bureau of Political-Military for fiscal year 2010 for military activi- Waste Management, Department of Energy, Affairs, Department of State, transmitting, ties of the Department of Defense, for transmitting, pursuant to law, the Office’s pursuant to law, an addendum to a certifi- military construction, and for defense 2008 Annual Report to Congress; to the Com- cation, transmittal number: DDTC 105–09, of activities of the Department of Energy, mittee on Energy and Natural Resources. the proposed sale or export of defense arti- to prescribe military personnel EC–3270. A communication from the Acting cles, including technical data, and defense Administrator, General Services Administra- services to a Middle East country regarding strengths for such fiscal year, to pro- tion, Department of Defense and National vide special pays and allowances to any possible affects such a sale might have Aeronautics and Space Administration, relating to Israel’s Qualitative Military Edge certain members of the Armed Forces, transmitting, pursuant to law, a report rel- over military threats to Israel; to the Com- expand concurrent receipt of military ative to additional lease prospectuses that mittee on Foreign Relations. retirement and VA disability benefits support the U.S. General Services Adminis- EC–3279. A communication from the Under to disabled military retirees, and for tration’s Fiscal Year 2010 Capital Investment Secretary of Defense (Acquisition, Tech- other purposes.’’ and appoints the gen- and Leasing Program; to the Committee on nology and Logistics), transmitting, pursu- tleman from Florida, Mr. ALCEE Environment and Public Works. ant to law, a Selected Acquisition Report relative to the Average Procurement Unit HASTINGS, to fill the vacancy. EC–3271. A communication from the Chief of the Publications and Regulations Branch, Cost for the E–2D Advanced Hawkeye pro- At 6:22 p.m., a message from the Internal Revenue Service, Department of the gram; to the Committee on Foreign Rela- Treasury, transmitting, pursuant to law, the tions. House of Representatives, delivered by EC–3280. A communication from the Sec- Ms. Niland, one of its reading clerks, report of a rule entitled ‘‘2009–2010 Per Diem Rates’’ (Rev. Proc. 2009–47) received in the retary of Health and Human Services, trans- announced that the House agrees to Office of the President of the Senate on Oc- mitting, pursuant to law, the report of a pe- the report of the committee of con- tober 5, 2009; to the Committee on Finance. tition to add workers from Lake Ontario ference on the disagreeing votes of the EC–3272. A communication from the Chief Ordnance Works, Niagara Falls, New York, two Houses on the amendment of the of the Publications and Regulations Branch, to the Special Exposure Cohort; to the Com- Senate to the bill (H.R. 2997) making Internal Revenue Service, Department of the mittee on Health, Education, Labor, and Treasury, transmitting, pursuant to law, the Pensions. appropriations for Agriculture, Rural EC–3281. A communication from the Sec- report of a rule entitled ‘‘Guidance on 2009 Development, Food and Drug Adminis- retary of Health and Human Services, trans- Required Minimum Distributions’’ (Notice tration, and Related Agencies pro- mitting, pursuant to law, the report of a pe- 2009–82) received in the Office of the Presi- grams for the fiscal year ending Sep- tition to add workers from Norton Company, dent of the Senate on October 1, 2009; to the tember 30, 2010, and for other purposes. Worcester, Massachusetts, to the Special Ex- Committee on Finance. posure Cohort; to the Committee on Health, f EC–3273. A communication from the Chief Education, Labor, and Pensions. ENROLLED BILL PRESENTED of the Publications and Regulations Branch, EC–3282. A communication from the Audi- Internal Revenue Service, Department of the tor of the District of Columbia, transmit- The Secretary of the Senate reported Treasury, transmitting, pursuant to law, the ting, pursuant to law, a report relative to that on today, October 7, 2009, she had report of a rule entitled ‘‘Tier III–Industry the People’s Counsel Agency Fund for Fiscal presented to the President of the Director Directive–Field Directive on the Year 2004; to the Committee on Homeland United States the following enrolled Planning and Examination of IRC Section Security and Governmental Affairs. bill: 263A Issues in the Auto Dealership’’ (LMSB– EC–3283. A communication from the Audi- 04–0909–035) received in the Office of the S. 1289. An act to improve title 18 of the tor of the District of Columbia, transmit- President of the Senate on October 1, 2009; to United States Code. ting, pursuant to law, a report relative to the Committee on Finance. the People’s Counsel Agency Fund for Fiscal f EC–3274. A communication from the Chief Year 2003; to the Committee on Homeland EXECUTIVE AND OTHER of the Publications and Regulations Branch, Security and Governmental Affairs. COMMUNICATIONS Internal Revenue Service, Department of the EC–3284. A communication from the Direc- Treasury, transmitting, pursuant to law, the tor, Strategic Human Resources Policy Divi- The following communications were report of a rule entitled ‘‘Genetic Informa- sion, Office of Personnel Management, trans- laid before the Senate, together with tion Nondiscrimination Act’’ (RIN1545–BI03) mitting, pursuant to law, the report of a rule

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10217 entitled ‘‘General Schedule Locality Pay By Mr. HARKIN for the Committee on S. Res. 308. A resolution recognizing and Areas’’ (RIN3206–AL27) received in the Office Health, Education, Labor, and Pensions. supporting the goals and ideals of National of the President of the Senate on October 1, *M. Patricia Smith, of New York, to be So- Runaway Prevention Month; considered and 2009; to the Committee on Homeland Secu- licitor for the Department of Labor. agreed to. rity and Governmental Affairs. *William E. Spriggs, of Virginia, to be an By Mrs. MURRAY (for herself, Mr. EC–3285. A communication from the Direc- Assistant Secretary of Labor. COCHRAN, Mr. DODD, Ms. MIKULSKI, tor of Sustainable Fisheries, National Ma- *Joseph A. Main, of Virginia, to be Assist- Mr. FEINGOLD, Ms. COLLINS, Mr. rine Fisheries Services, Department of Com- ant Secretary of Labor for Mine Safety and BAYH, and Mrs. GILLIBRAND): merce, transmitting, pursuant to law, the re- Health. S. Con. Res. 46. A concurrent resolution port of a rule entitled ‘‘Fisheries of the Car- *Regina M. Benjamin, of Alabama, to be recognizing the benefits of service-learning ibbean, Gulf of Mexico, and South Atlantic; Medical Director in the Regular Corps of the and expressing support for the goals of the Coastal Migratory Pelagic Resources of the Public Health Service, subject to qualifica- National Learn and Serve Challenge; to the Gulf of Mexico and South Atlantic; Closure’’ tions therefor as provided by law and regula- Committee on Health, Education, Labor, and (RIN0648–XR32) received in the Office of the tions, and to be Surgeon General of the Pub- Pensions. lic Health Service for a term of four years. President of the Senate on October 2, 2009; to f the Committee on Commerce, Science, and *Nomination was reported with rec- Transportation. ommendation that it be confirmed sub- ADDITIONAL COSPONSORS EC–3286. A communication from the Direc- ject to the nominee’s commitment to S. 497 tor of Sustainable Fisheries, National Ma- respond to requests to appear and tes- At the request of Mr. DURBIN, the rine Fisheries Services, Department of Com- tify before any duly constituted com- merce, transmitting, pursuant to law, the re- name of the Senator from Delaware port of a rule entitled ‘‘Fisheries of the mittee of the Senate. (Mr. KAUFMAN) was added as a cospon- Northeastern United States; Northeast f sor of S. 497, a bill to amend the Public Health Service Act to authorize capita- Multispecies Fishery; Modification of the INTRODUCTION OF BILLS AND Gear Requirements for the U.S./Canada Man- tion grants to increase the number of JOINT RESOLUTIONS agement Area’’ (RIN0648–XR42) received in nursing faculty and students, and for the Office of the President of the Senate on The following bills and joint resolu- other purposes. October 2, 2009; to the Committee on Com- tions were introduced, read the first S. 500 merce, Science, and Transportation. EC–3287. A communication from the Direc- and second times by unanimous con- At the request of Mr. DURBIN, the tor of Sustainable Fisheries, National Ma- sent, and referred as indicated: name of the Senator from Oregon (Mr. rine Fisheries Services, Department of Com- By Mrs. FEINSTEIN (for herself and MERKLEY) was added as a cosponsor of merce, transmitting, pursuant to law, the re- Mrs. BOXER): S. 500, a bill to amend the Truth in port of a rule entitled ‘‘Fisheries of the S. 1759. A bill to authorize certain trans- Lending Act to establish a national Northeastern United States; Scup Fishery; fers of water in the Central Valley Project, usury rate for consumer credit trans- and for other purposes; to the Committee on Adjustment to the 2009 Winter II Quota’’ actions. (RIN0648–XQ56) received in the Office of the Energy and Natural Resources. President of the Senate on October 2, 2009; to By Mr. LAUTENBERG (for himself and S. 524 the Committee on Commerce, Science, and Mrs. GILLIBRAND): At the request of Mr. FEINGOLD, the Transportation. S. 1760. A bill to amend the Public Health name of the Senator from Florida (Mr. EC–3288. A communication from the Direc- Service Act with regard to research on asth- LEMIEUX) was added as a cosponsor of tor of Sustainable Fisheries, National Ma- ma, and for other purposes; to the Com- S. 524, a bill to amend the Congres- rine Fisheries Services, Department of Com- mittee on Health, Education, Labor, and sional Budget and Impoundment Con- Pensions. merce, transmitting, pursuant to law, the re- trol Act of 1974 to provide for the expe- port of a rule entitled ‘‘Fisheries of the Car- By Ms. LANDRIEU (for herself and Mr. ibbean, Gulf of Mexico, and South Atlantic; VITTER): dited consideration of certain proposed Snapper-Grouper Fishery of the South At- S. 1761. A bill to provide an extension of rescissions of budget authority. lantic; Closure of the July–December 2009 the low-income housing credit placed-in- S. 526 Commercial Fishery for Vermillion Snapper service date requirement for certain disaster At the request of Mrs. MCCASKILL, in South Atlantic’’ (RIN0648–XR06) received areas; to the Committee on Finance. the name of the Senator from Ohio By Mr. BROWNBACK (for himself and in the Office of the President of the Senate (Mr. BROWN) was added as a cosponsor Mr. BROWN): on October 2, 2009; to the Committee on Com- of S. 526, a bill to provide in personam merce, Science, and Transportation. S. 1762. A bill to amend the Public Health EC–3289. A communication from the Dep- Service Act to expand and intensify pro- jurisdiction in civil actions against uty Assistant Administrator for Regulatory grams of the National Institutes of Health contractors of the United States Gov- Programs, National Marine Fisheries Serv- and the Centers for Disease Control and Pre- ernment performing contracts abroad ice, Department of Commerce, transmitting, vention with respect to translational re- with respect to serious bodily injuries pursuant to law, the report of a rule entitled search and related activities concerning of members of the Armed Forces, civil- ‘‘Fisheries in the Western Pacific; Com- Down syndrome, and for other purposes; to ian employees of the United States pensation to Federal Commercial Bottomfish the Committee on Health, Education, Labor, and Pensions. Government, and United States citizen and Lobster Fishermen Due to Fishery Clo- employees of companies performing sures in the Papahanaumokuakea Marine f National Monument, Northeastern Hawaiian work for the United States Govern- Islands’’ (RIN0648–AW52) received in the Of- SUBMISSION OF CONCURRENT AND ment in connection with contractor ac- fice of the President of the Senate on Octo- SENATE RESOLUTIONS tivities, and for other purposes. ber 2, 2009; to the Committee on Commerce, The following concurrent resolutions S. 624 Science, and Transportation. and Senate resolutions were read, and At the request of Mr. DURBIN, the EC–3290. A communication from the Acting referred (or acted upon), as indicated: name of the Senator from Maine (Ms. Director of Sustainable Fisheries, National SNOWE) was added as a cosponsor of S. Marine Fisheries Services, Department of By Mr. BUNNING (for himself, Mr. Commerce, transmitting, pursuant to law, JOHANNS, Mr. DEMINT, Mr. CRAPO, 624, a bill to provide 100,000,000 people the report of a rule entitled ‘‘Fisheries of the Mr. VITTER, Mr. THUNE, Mr. RISCH, with first—time access to safe drinking Exclusive Economic Zone Off Alaska; Pacific Mr. GREGG, Mr. GRASSLEY, Mr. WICK- water and sanitation on a sustainable Ocean Perch for Vessels in the Bering Sea ER, Mr. ENSIGN, Mr. COBURN, Mr. basis by 2015 by improving the capacity and Aleutian Islands Trawl Limited Access INHOFE, Mr. SESSIONS, Mr. VOINOVICH, of the United States Government to Mr. CHAMBLISS, Mr. CORNYN, Mr. Fishery in the Western Aleutian District of fully implement the Senator Paul BROWNBACK, Mr. BARRASSO, Mr. ENZI, the Bering Sea and Aleutian Islands Manage- Simon Water for the Poor Act of 2005. ment Area’’ (RIN0648–XR78) received in the Mr. BURR, Mr. CORKER, Mr. KYL, Mr. S. 653 Office of the President of the Senate on Oc- MCCAIN, Mr. ALEXANDER, and Mr. tober 2, 2009; to the Committee on Com- ROBERTS): At the request of Mr. CARDIN, the S. Res. 307. A resolution to require that all merce, Science, and Transportation. name of the Senator from North Caro- legislative matters be available and fully f lina (Mr. BURR) was added as a cospon- scored by CBO 72 hours before consideration sor of S. 653, a bill to require the Sec- by any subcommittee or committee of the EXECUTIVE REPORTS OF retary of the Treasury to mint coins in COMMITTEES Senate or on the floor of the Senate; to the Committee on Rules and Administration. commemoration of the bicentennial of The following executive reports of By Mr. SHELBY (for himself and Mrs. the writing of the Star-Spangled Ban- nominations were submitted: LINCOLN): ner, and for other purposes.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10218 CONGRESSIONAL RECORD — SENATE October 7, 2009 S. 686 S. 1076 cos-of-living adjustment for such year, At the request of Ms. MIKULSKI, the At the request of Mr. MENENDEZ, the and for other purposes. name of the Senator from Alaska (Mr. name of the Senator from Illinois (Mr. S. 1688 BEGICH) was added as a cosponsor of S. DURBIN) was added as a cosponsor of S. At the request of Mr. BENNETT, the 686, a bill to establish the Social Work 1076, a bill to improve the accuracy of name of the Senator from Oklahoma Reinvestment Commission to advise fur product labeling, and for other pur- (Mr. INHOFE) was added as a cosponsor Congress and the Secretary of Health poses. of S. 1688, a bill to prevent congres- and Human Services on policy issues S. 1197 sional reapportionment distortions by associated with the profession of social At the request of Mr. DORGAN, the requiring that, in the questionnaires work, to authorize the Secretary to name of the Senator from Alaska (Mr. used in the taking of any decennial make grants to support recruitment BEGICH) was added as a cosponsor of S. census of population, a checkbox or for, and retention, research, and rein- 1197, a bill to establish a grant program other similar option be included for re- vestment in, the profession, and for for automated external defibrillators spondents to indicate citizenship sta- other purposes. in elementary and secondary schools. tus or lawful presence in the United S. 819 S. 1273 States. At the request of Mr. DURBIN, the At the request of Mr. DORGAN, the S. 1694 name of the Senator from Oregon (Mr. name of the Senator from Pennsyl- At the request of Mr. ROCKEFELLER, MERKLEY) was added as a cosponsor of the names of the Senator from New S. 819, a bill to provide for enhanced vania (Mr. CASEY) was added as a co- Jersey (Mr. LAUTENBERG) and the Sen- treatment, support, services, and re- sponsor of S. 1273, a bill to amend the ator from Massachusetts (Mr. KERRY) search for individuals with autism Public Health Service Act to provide were added as cosponsors of S. 1694, a spectrum disorders and their families. for the establishment of permanent na- tional surveillance systems for mul- bill to allow the funding for the inter- S. 883 tiple sclerosis, Parkinson’s disease, and operable emergency communications At the request of Mr. KERRY, the grant program established under the names of the Senator from Delaware other neurological diseases and dis- orders. Digital Television Transition and Pub- (Mr. CARPER), the Senator from Idaho lic Safety Act of 2005 to remain avail- (Mr. CRAPO), the Senator from Mon- S. 1379 able until expended through fiscal year tana (Mr. BAUCUS) and the Senator At the request of Mr. THUNE, the 2012, and for other purposes. from Massachusetts (Mr. KIRK) were name of the Senator from New Mexico added as cosponsors of S. 883, a bill to (Mr. BINGAMAN) was added as a cospon- S. 1709 require the Secretary of the Treasury sor of S. 1379, a bill to encourage en- At the request of Ms. STABENOW, the to mint coins in recognition and cele- ergy efficiency and conservation and name of the Senator from Idaho (Mr. bration of the establishment of the development of renewable energy RISCH) was added as a cosponsor of S. Medal of Honor in 1861, America’s high- sources for housing, commercial struc- 1709, a bill to amend the National Agri- est award for valor in action against an tures, and other buildings, and to cre- cultural Research, Extension, and enemy force which can be bestowed ate sustainable communities. Teaching Policy Act of 1977 to estab- upon an individual serving in the S. 1382 lish a grant program to promote efforts to develop, implement, and sustain vet- Armed Services of the United States, At the request of Mr. DODD, the name to honor the American military men of the Senator from South Dakota (Mr. erinary services, and for other pur- poses. and women who have been recipients of JOHNSON) was added as a cosponsor of the Medal of Honor, and to promote S. 1382, a bill to improve and expand S. 1728 awareness of what the Medal of Honor the Peace Corps for the 21st century, At the request of Mrs. MCCASKILL, represents and how ordinary Ameri- and for other purposes. the names of the Senator from Massa- chusetts (Mr. KERRY) and the Senator cans, through courage, sacrifice, self- S. 1583 less service and patriotism, can chal- from Illinois (Mr. BURRIS) were added At the request of Mr. ROCKEFELLER, as cosponsors of S. 1728, a bill to amend lenge fate and change the course of his- the name of the Senator from Michigan tory. the Internal Revenue Code of 1986 to (Ms. STABENOW) was added as a cospon- modify the first-time homebuyer credit S. 991 sor of S. 1583, a bill to amend the Inter- in the case of members of the Armed At the request of Mr. INHOFE, the nal Revenue Code of 1986 to extend the Forces and certain other Federal em- name of the Senator from Georgia (Mr. new markets tax credit through 2014, ployees, and for other purposes. CHAMBLISS) was added as a cosponsor of and for other purposes. S. 991, a bill to declare English as the S. 1731 S. 1628 official language of the United States, At the request of Mr. REED, the name At the request of Mr. UDALL of Colo- to establish a uniform English lan- of the Senator from Minnesota (Mr. rado, the name of the Senator from guage rule for naturalization, and to FRANKEN) was added as a cosponsor of Delaware (Mr. KAUFMAN) was added as avoid misconstructions of the English S. 1731, a bill to require certain mort- a cosponsor of S. 1628, a bill to amend language texts of the laws of the gagees to make loan modifications, to title VII of the Public Health Service United States, pursuant to Congress’ establish a grant program for State Act to increase the number of physi- powers to provide for the general wel- and local government mediation pro- cians who practice in underserved rural fare of the United States and to estab- grams, to create databases on fore- communities. lish a rule of naturalization under arti- closures, and for other purposes. S. 1660 cle I, section 8, of the Constitution. AMENDMENT NO. 2601 At the request of Ms. KLOBUCHAR, the S. 1067 At the request of Mr. SANDERS, the At the request of Mr. FEINGOLD, the name of the Senator from New Hamp- name of the Senator from Vermont shire (Mrs. SHAHEEN) was added as a co- name of the Senator from Montana (Mr. LEAHY) was added as a cosponsor (Mr. TESTER) was added as a cosponsor sponsor of S. 1660, a bill to amend the of amendment No. 2601 proposed to of S. 1067, a bill to support stabilization Toxic Substances Control Act to re- H.R. 3326, a bill making appropriations and lasting peace in northern Uganda duce the emissions of formaldehyde for the Department of Defense for the and areas affected by the Lord’s Resist- from composite wood products, and for fiscal year ending September 30, 2010, ance Army through development of a other purposes. and for other purposes. S. 1685 regional strategy to support multilat- f eral efforts to successfully protect ci- At the request of Mr. SANDERS, the vilians and eliminate the threat posed name of the Senator from Michigan STATEMENTS ON INTRODUCED by the Lord’s Resistance Army and to (Ms. STABENOW) was added as a cospon- BILLS AND JOINT RESOLUTIONS authorize funds for humanitarian relief sor of S. 1685, a bill to provide an emer- By Mrs. FEINSTEIN (for herself and reconstruction, reconciliation, and gency benefit of $250 to seniors, vet- and Mrs. BOXER): transitional justice, and for other pur- erans, and persons with disabilities in S. 1759. A bill to authorize certain poses. 2010 to compensate for the lack of a transfers of water in the Central Valley

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10219 Project, and for other purposes; to the quiring individual review on each due to pumping restrictions, about Committee on Energy and Natural Re- transfer as is current practice. 500,000 acre-feet. sources. Water users and the Bureau of Rec- The other 75 percent of the restric- Mrs. FEINSTEIN. Mr. President, I lamation estimate that this step could tions were due to lack of run-off, about rise today on behalf of myself and Sen- facilitate up to 150,000 or 200,000 acre- 1.6 million acre-feet. ator BOXER to introduce the Water feet of transfers each year. So, the drought is largely to blame Transfer Facilitation Act of 2009. Third, the bill also requires the Bu- for California’s water shortages. The measure should reduce unneces- reau of Reclamation to prepare a re- Invasive and non-native species are sary delays in water transfers at a time port and recommendations on how to also a threat. The non-native striped when Central Valley farmers have been facilitate transfers more efficiently bass, although a popular sport fish, are hard hit by a 3-year drought. It would and expeditiously, including transfers top predators on native fish like the allow new water transfers of roughly in all directions and between the state smelt. 250,000 to 300,000 acre-feet of water per and federal projects. Pollution remains a problem, despite year, depending on the rainfall that The bill is supported by a great num- water quality standards. Ammonia dis- year. ber of water users across the Central charge may be a problem from waste- Here is how the bill would work: it Valley, including: Friant Water Users water treatment discharge, and toxic would grant new authority to the Bu- Authority; San Joaquin River Ex- insecticides accumulate and contribute reau of Reclamation to approve water change Contractors Authority; Delta- to the deterioration of the ecosystem. transfers between sellers and buyers in Mendota Canal Authority; Westlands So, California’s water crisis is a com- the San Joaquin Valley. The measure Water District; Metropolitan Water plicated issue that cannot be simply also would streamline environmental District; Glen Colusa Irrigation Dis- solved by saying ‘‘Turn on the Pumps.’’ reviews for Central Valley water trans- trict; Northern California Water Asso- It is clear that we need solutions for fers by ensuring that they occur on a ciation; Banta-Carbona Irrigation Dis- the Delta, both long-term and short- programmatic basis, instead of project- trict; Tehama-Colusa Canal Authority; term. by-project basis as is current practice. Association of California Water Agen- I am working with my colleagues on Here is why we need this bill: this cies; Placer County Water Agency; both. past water year, South of Delta agri- Conaway Preservation Group; Rec- The bill we are introducing today culture users received 10 percent of lamation District 2035; and San Luis will provide more flexibility in the sys- their contractual allocation from the Water District. tem, allowing water to flow more free- Central Valley Project. At the same Companion legislation is also being ly around the Central Valley. Just this time others in the San Joaquin Valley, introduced today by Representatives past water year, 600,000 acre feet were such as the Friant Division and the ex- COSTA and CARDOZA in the House of transferred around the Central Valley, change contractors, had a surplus of Representatives. and this bill will allow even more water and were willing to sell some of There is no question that the drought water to flow. their water to Westlands Water Dis- and federal pumping restrictions have But transfers alone cannot provide trict, where fields have been fallowed had huge impacts on Central Valley the entire solution—they are costly, and communities have close to 40 per- Agriculture. and they are still constrained by the cent unemployment—yet there were se- Nearly 500,000 acres of fields have pumping restrictions. rious obstacles to making those trans- been fallowed. Fields of fruit and nut So this legislation is just one of sev- fers happen. trees have been stumped and uprooted. eral steps we are taking to provide That is why I am introducing this Some farmers simply chose to forego timely relief to farmers in the San Joa- bill. It will address those obstacles. planting their row crops at all. quin Valley. Specifically, the bill will do three The agricultural industry estimates In the Energy and Water Appropria- things to ease the drought crisis: that about $700 million in revenues tions bill, there is $10 million for the First, it would authorize transfers have been lost. construction of short term projects within San Joaquin Valley between Di- About 21,000 agriculture jobs have that could provide more water supply visions of the Central Valley Project been lost, nearly all in San Joaquin or flexibility, including Two Gates and and among contractors within a Divi- Valley. the Intertie. sion by removing two of the biggest ob- For example, Mendota unemploy- We also provided funding for the stacles to these transfers. ment is currently 37.4 percent. science that will be relied on by the Water users tell me that the Bureau Workers who once tended America’s Bay Delta Conservation Plan—our best of Reclamation has not allowed trans- ‘‘bread basket’’ are now standing in long-term option to restore the Delta fers of water if the water could have bread lines. and improve water supply. been used for irrigation or stored, or if The impacts are not limited to agri- We also included funding for water the total amount of water transferred culture: recycling projects, and are working to was more than what had been received Urban areas like Los Angeles are im- authorize more projects to help com- on average the 3 years prior to 1992. posing rate hikes for non-conserving munities develop local water supplies These two conditions previously pre- households, limiting lawn irrigation, based on groundwater and desalination. vented a whole host of potential trans- and other conservation measures. Finally, there is $750,000 for the Na- fers of water. Municipal industrial users south of tional Academy of Sciences review of Neither of these restrictions is nec- Delta are restricted to 60 percent of the two biological opinions that cur- essary for environmental reasons, and their contractual allocation. rently govern water flows in the Cen- removal of these two obstacles alone The truth is that this crisis has been tral Valley. The independent scientific could make up to 100,000 or 150,000 acre- building for some time—and there are study, announced by Secretaries feet of water available for transfer to several causes to blame. Salazar and Locke last week, should be the communities most in need, accord- California’s population is close to 40 completed within six months. ing to the Bureau of Reclamation. million, but its water infrastructure The National Academy study will as- So, this bill would explicitly grant hasn’t been updated in three decades. sess whether there are other ways to the Bureau the authority to approve Due to groundwater pumping, the provide the same protections for en- these types of East-West transfers, as Central Valley lost 60 million acre-feet dangered species, while supplying more long as they qualify under environ- of groundwater since 1962. water to the drought-stricken Central mental regulations. This year, Federal agencies imposed Valley. And it will put to rest any lin- Second, the bill directs the Depart- pumping restrictions to protect endan- gering questions about whether pump- ment of the Interior to facilitate trans- gered species—yet there is some mis- ing restrictions in the Delta are based fers from the Sacramento Valley to the conception about the scope of these re- on the best available science. San Joaquin Valley by doing pro- strictions. It is a critical step to moving forward grammatic consideration of all the en- In 2009, roughly 25 percent of delivery with any near-term and long-term so- vironmental concerns, rather than re- shortages for farms and water users lutions for the Delta.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10220 CONGRESSIONAL RECORD — SENATE October 7, 2009 This bill we are introducing today is (2) provides recommendations on ways to While long-term solutions are being but one of several steps we are taking facilitate, and improve the process for— sought, numerous short term efforts are to address the water crisis in Cali- (A) water transfers within the Central Val- needed to help bridge the water supply gap fornia. ley Project; and and great flexibility, as provided in your leg- We look forward to an early hearing (B) water transfers between the Central islation, to move water supplies within the Valley Project and State water projects. San Joaquin Valley would be a useful tool. on this bill, and working with others (b) UPDATES.—Not later than July 15, 2010, The Exchange Contractors consist of four towards its passage and implementa- and every 180 days thereafter until the Com- member agencies serving over 240,000 acres in tion. I thank Senator BINGAMAN for his missioner determines that no further Fed- the San Joaquin Valley in Fresno, Madera, commitment to hold an early hearing eral action is warranted or authorized with Merced, and Stanislaus Counties. on the bill. respect to the water transfers under this Act, We look forward to engaging in this effort Mr. President, I ask that the text of the Commissioner shall update the report and working closely with you and your staff the bill and the letters of support be submitted under subsection (a). in advancing this legislation and addressing SEC. 5. TECHNICAL CORRECTIONS. California water issues. printed in the RECORD. There being no objection, the mate- Section 3405(a)(1) of the Central Valley Sincerely, Project Improvement Act (Public Law 102– STEVE CHEDESTER, rial was ordered to be printed in the 575; 106 Stat. 4710) is amended— Executive Director. RECORD, as follows: (1) in the first sentence, by striking S. 1759 ‘‘transfers to’’ and inserting ‘‘transfers of’’; FRIANT WATER USERS AUTHORITY, Be it enacted by the Senate and House of Rep- and Lindsay, CA, October 1, 2009. resentatives of the United States of America in (2) in subparagraph (A), by striking ‘‘to Subject SUPPORT for Transfer legislation Congress assembled, combination’’ and inserting ‘‘or combina- for the Central Valley Project. SECTION 1. SHORT TITLE. tion’’. Hon. DIANNE FEINSTEIN, This Act may be cited as the ‘‘Water Hart Senate Office Building, Transfer Facilitation Act of 2009’’. ASSOCIATION OF CALIFORNIA Washington, DC. SEC. 2. AUTHORIZATION OF IRRIGATION WATER WATER AGENCIES, DEAR SENATOR FEINSTEIN, On behalf of TRANSFERS, CENTRAL VALLEY October 5, 2009. Friant Water Users Authority (Authority), PROJECT. Re ACWA support for Water Transfer Legis- we thank you for introducing transfer legis- (a) IN GENERAL.—Subject to subsection (b), lation. lation for the Central Valley Project (CVP) the following voluntary water transfers shall Senator DIANNE FEINSTEIN, and we support your efforts and this legisla- be considered to meet the conditions de- Hart Senate Office Building, tion as a means of providing greater flexi- scribed in subparagraphs (A) and (I) of sec- Washington, DC. bility for management of CVP water sup- tion 3405(a)(1) of the Reclamation Projects Senator BARBARA BOXER, plies. Authorization and Adjustment Act of 1992 Hart Senate Office Building, The diminished water deliveries to the (Public Law 102–575; 106 Stat. 4709): Washington, DC CVP as a result of three years of below aver- (1) A transfer of irrigation water among DEAR SENATORS FEINSTEIN AND BOXER: age precipitation amplified by various regu- Central Valley Project contractors from the Thank you for introducing water transfer latory restrictions, including the ESA and Friant, San Felipe, West San Joaquin, and legislation for the Central Valley Project the most recent delta smelt and salmon Bio- Delta divisions. (CVP) which ACWA is pleased to support. As logical Opinions, have, as you know, created (2) A transfer of water among current or California’s water supply challenges mul- a desperate situation in the San Joaquin prior temporary or long-term water service, tiply, this legislation can provide greater Valley. repayment, water rights settlement, or ex- flexibility for management of CVP water While long-term solutions are being change contractors within a division of the supplies. As you know, ACWA’s 450 public sought, numerous short term efforts are Central Valley Project. agency members are collectively responsible needed to help bridge the water supply gap (b) CONDITION.—A transfer under sub- for 90 percent of the water delivered in Cali- and greater flexibility, as provided in your section (a) shall be subject to the condition fornia for residential and agricultural uses. legislation, to move water supplies across that the transfer not interfere with— California’s water supply situation is dire the San Joaquin Valley would be a useful and worsening. Three years of below average (1) the San Joaquin River Restoration Set- tool: In addition, the legislation would help precipitation along with heavy regulatory tlement Act (Public Law 111–11; 123 Stat. Friant districts affected by the SJR Settle- restrictions through the ESA and Biological 1349), including the priorities described in ment improve management of surface and Opinions, have seriously diminished Califor- section 10004(a)(4)(B) of that Act (123 Stat. groundwater supplies. nia’s water supplies. Under these conditions, 1350) relating to implementation of para- The Authority consists of nineteen mem- it is essential that short term actions, such graph 16 of the Settlement (as defined in sec- ber water, irrigation and public utility dis- as provided by your legislation to flexibly tion 10003 of that Act (123 Stat. 1349)); and tricts. The Friant Service area includes ap- enable water supplies to move across the San (2) the Settlement. proximately one million acres and 15,000 SEC. 3. FACILITATION OF WATER TRANSFERS, Joaquin Valley, be pursued. Again, thank you for introducing water mostly small family farms on the east side of CENTRAL VALLEY PROJECT. the southern San Joaquin Valley (Madera, (a) IN GENERAL.—As soon as practicable transfer legislation. ACWA looks forward to Fresno, Tulare and Kern County). Friant Di- after the date of enactment of this Act, the working with you to secure its passage in an vision water supplies are also relied upon by Secretary of the Interior, acting through the expedited manner. several cities and towns, including the City Director of the United States Fish and Wild- Sincerely, of Fresno, as a major portion of their munic- life Service and the Commissioner of the Bu- TIMOTHY QUINN, Executive Director. ipal and industrial water supplies. reau of Reclamation (referred to in this sec- We look forward to engaging in this effort tion as the ‘‘Secretary’’), using such sums as SAN JOAQUIN RIVER and working closely with you and your staff are necessary, shall initiate and complete, in advancing this legislation and addressing on the most expedited basis practicable, the WATER AUTHORITY, San Joaquin, CA, October 5, 2009. California water issues. programmatic development of environ- Sincerely, mental documentation to facilitate vol- Re Support for Transfer Legislation for the Central Valley Project. RONALD D. JACOBSMA, untary water transfers within the Central Consulting General Manager. Valley Project. Senator DIANNE FEINSTEIN, (b) INCLUSIONS.—The environmental docu- Hart Senate Office Building, PLACER COUNTY WATER AGENCY, mentation under subsection (a) shall include Washington, DC. Auburn, CA, October 6, 2009. all applicable environmental reviews, per- DEAR SENATOR FEINSTEIN: On behalf of the Re Support for Central Valley Project water mitting, and consultations, including the en- San Joaquin River Exchange Contractors transfer legislation. vironmental documentation needed to ad- Water Authority (Exchange Contractors), we IANNE FEINSTEIN, dress concerns with respect to the Giant thank you for introducing transfer legisla- Hon. D Garter Snake (Thamnophis gigas). tion for the Central Valley Project (CVP) U.S. Senate, Hart Senate Office Building, SEC. 4. REPORT ON CENTRAL VALLEY PROJECT and we support your efforts and this legisla- Washington, DC WATER TRANSFERS. tion as a means of providing greater flexi- DEAR SENATOR FEINSTEIN: On behalf of (a) IN GENERAL.—Not later than January bility for management of CVP water sup- Placer County Water Agency (PCWA), we 10, 2010, the Commissioner of the Bureau of plies. thank you for introducing legislation au- Reclamation (referred to in this section as The diminished water deliveries to the thorizing and establishing a programmatic the ‘‘Commissioner’’) shall submit to the ap- CVP as a result of various regulatory restric- approach to promote and manage water propriate committees of Congress a report tions, including the most recent delta smelt transfers in California. We support your ef- that— and salmon Biological Opinions and three forts and this legislation as a means of pro- (1) describes the status of efforts to help fa- years of below average precipitation state- viding greater regulatory certainty for the cilitate and improve the water transfers wide, have, as you know, created a desperate management of Central Valley Project (CVP) under this Act; and situation in the San Joaquin Valley. water supplies for water users.

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As you may be aware, PCWA has partici- ing the requirements established by the re- SAN LUIS AND DELTA MENDOTA pated in water transfers in the past to help cent federal biological opinions for endan- WATER AUTHORITY, meet the needs of water users within the gered fish under the ESA. Your legislation Los Banos, CA, October 5, 2009. CVP and is intimately aware of the impacts will provide immediate, much needed relief Re Water Transfer Facilitation Act of 2009. diminished water deliveries cause to farmers in the form of a flexible and useful tool that Hon. DIANNE FEINSTEIN, and communities. Because of PCWA’s experi- will allow water to be transferred from will- U.S. Senate, ence with previous water transfers, we also ing parties to those in need within the CVP. Washington, DC. would like an opportunity to meet you and NCWA was formed in 1992 to present a uni- Hon. BARBARA BOXER, your staff to discuss additional regulatory fied voice working to resolve California’s U.S. Senate, improvements to Reclamation law that water issues and protect the water rights and Washington, DC. would streamline future transfers. supplies of the diverse Northern California Hon. DENNIS CARDOZA, Because of below average precipitation and region, now and into the future. NCWA rep- House of Representatives, regulatory requirements placed upon the resents 54 agricultural water districts and Washington, DC. CVP and its water users through the require- agencies, private water companies, and indi- Hon. JIM COSTA, ments established by the recent National House of Representatives, Marine Fisheries Service biological opinions vidual water rights holders with rights and entitlements to the surface waters and Washington, DC. for endangered smelt and salmon, the impact DEAR SENATOR FEINSTEIN, SENATOR BOXER, groundwater resources of the Sacramento to water users is severe. Your legislation will MR. CARDOZA, AND MR. COSTA: I am writing Valley. Many of our members can and will provide much needed relief in the form of a on behalf of the San Luis & Delta-Mendota actively participate in this water transfer flexible and useful tool that will allow water Water Authority to express our enthusiastic program. The language in your legislation to be transferred from willing parties to support for your bill, the Water Transfer Fa- directing the Bureau of Reclamation to work those in need within the State of California. cilitation Act of 2009, authorizing certain We look forward to working with you and with other federal agencies to implement the transfers of water in the Central Valley your staff in the coming months in this im- necessary long-term environmental proc- Project and other purposes. Water transfers portant legislative effort, and appreciate esses addressing impacts of a water transfer are essential to sound water management your leadership in advancing this legislation program on the ESA-listed Giant Garter and often are time sensitive. Your legisla- and addressing California water issues so im- Snake will be imperative to its usefulness tion will bring important reform to existing portant to our collective future. and success. transfer authorization thus increasing the Sincerely, We look forward to working with you and efficacy of this essential water management GRAHAM L. ALLEN, your staff in the coming months in this im- tool. Chairman, Board of Directors. portant legislative effort, and appreciate As you are keenly aware, coping with Cali- your leadership in advancing this legislation fornia’s water crisis and, in particular, the THE METROPOLITAN WATER and addressing California water issues so im- chronic water supply shortages impacting DISTRICT OF SOUTHERN CALIFORNIA, portant to our collective future. the Central Valley Project demands utiliza- Los Angeles, CA, October 5, 2009. Sincerely, tion of various best management practices Hon. DIANNE FEINSTEIN, DONN ZEA, including water transfers. Moreover, the U.S. Senate, President and CEO. need to transfer water is often urgent and in Washington, DC. response to climactic conditions that are fre- DEAR SENATOR FEINSTEIN: The Metropoli- quently sporadic and ephemeral. Regret- tan Water District of Southern California is WESTLANDS WATER DISTRICT, tably, bureaucratic process can unneces- pleased to support the legislation you are in- Fresno, CA, October 6, 2009. sarily thwart successful execution of a trans- troducing related to water transfers for the Re Water Transfer Facilitation Act of 2009. fer and the best management of this all too Central Valley Project (CVP). This legisla- Hon. DIANNE FEINSTEIN, precious resource. The clarity your legisla- tion will help provide good water manage- U.S. Senate, tion brings to existing authorizations will ment while providing flexibility for CVP cus- Washington, DC. only improve the capability of water man- agers throughout the State to effectively re- tomers. DEAR SENATOR FEINSTEIN: I am writing on As a regional wholesale water provider, spond to the ongoing crisis and put our scant behalf of Westlands Water District to express water resources to use even more efficiently. Metropolitan provides water for nearly 19 its support for your bill, the Water Transfer million people throughout our six-county The Westside of the great San Joaquin Val- Facilitation Act of 2009, authorizing certain ley is inarguably the most transfer depend- service area in Southern California. As Met- transfers of water in the Central Valley ropolitan and the entire state continue to ent region of the State. Your efforts to ad- Project and other purposes. Water transfers dress this important matter as well as your address water supply challenges throughout are a critical tool for providing water sup- vast knowledge of and longstanding commit- California, the vitality of our economy and plies for areas that are faced with chronic ment to water resource issues vital to the environment has been seriously affected. water supply shortages. However, the ap- State are most deeply appreciated. If there is Your proposed legislation will help address proval process for many transfers often dis- anything I can do to be of further service to these critically important issues. tract from their usefulness. Your legislation you in this cause, please do not hesitate to Please let me know if we can be helpful in will bring important reform to existing call. any way. transfer authorization thus increasing the Very truly yours, Sincerely, efficacy of this essential water management DANIEL G NELSON, JEFFREY KIGHTLINGER, tool. Executive Director. General Manager. As you are keenly aware, the chronic Mrs. BOXER. Mr. President, I rise to NORTHERN CALIFORNIA water supply shortages impacting the area of discuss the Water Transfer Facilitation WATER ASSOCIATION, the San Joaquin Valley served by the Cen- Act of 2009. Senator FEINSTEIN and I Sacramento, CA, October 2, 2009. tral Valley Project demands that water users have introduced this legislation to fa- Re support for water transfer legislation. in the affected area rely on water transfers. cilitate voluntary water transfers Moreover, the need to transfer water is often Hon. DIANNE FEINSTEIN, within the San Joaquin Valley. U.S. Senate, urgent and in response to climactic condi- Three years of below-average precipi- Washington, DC. tions that are frequently sporadic and ephemeral. Regrettably, bureaucratic proc- tation have restricted water supplies DEAR SENATOR FEINSTEIN: On behalf of the ess can unnecessarily thwart successful exe- for much of California. Drought condi- Northern California Water Association tions have particularly affected agri- (NCWA), we thank you for introducing legis- cution of a transfer. The clarity your legisla- lation authorizing and establishing a perma- tion brings to existing authorizations will cultural communities in the San Joa- nent long-term program to promote and only improve the capability of water man- quin Valley. manage water transfers in the Central Val- agers throughout the State to effectively re- As a result of these water shortages, ley of California. We support your efforts and spond to the ongoing crisis and put our scant more than 500,000 acres of cropland this legislation as a means of providing water resources to use even more efficiently. have been fallowed in the San Joaquin greater flexibility in the management of The westside of the San Joaquin Valley is Valley, and some cities on the west Central Valley Project (CVP) and other inarguably the most transfer dependent re- side of the Valley are facing nearly 40 water supplies to help meet unmet needs gion of the State. Your efforts to address percent unemployment. critical to the future of the State of Cali- this important matter are greatly appre- Senator FEINSTEIN and I have worked fornia. ciated. If there is anything I can do to be of with Representatives CARDOZA and As you are aware, the devastating impacts help in connection with your efforts, please of diminished water deliveries to the CVP as let me know. COSTA to identify measures to address a result of three years of below average pre- Very truly yours, these water shortages. We included a cipitation have been made even greater by THOMAS W. BIRMINGHAM, measure in the Energy and Water ap- the various regulatory restrictions, includ- General Manager General Counsel. propriations bill allowing voluntary

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10222 CONGRESSIONAL RECORD — SENATE October 7, 2009 water transfers between water users on searchable form 72 hours (excluding Satur- SENATE RESOLUTION 308—RECOG- the east and west side of the San Joa- days, Sundays and holidays except when the NIZING AND SUPPORTING THE quin Valley. Senate is in session on such a day) prior to GOALS AND IDEALS OF NA- The final provision included in the proceeding. TIONAL RUNAWAY PREVENTION conference report will allow these ‘‘(b) With respect to the requirements of MONTH subparagraph (a)— transfers for a two-year trial period. ‘‘(1) the legislative matter shall be avail- Mr. SHELBY (for himself and Mrs. We are now seeking to extend this pro- able on the official website of the com- LINCOLN) submitted the following reso- vision permanently and to enable more mittee; and lution; which was considered and water users to participate in these ‘‘(2) the final score shall be available on agreed to: the official website of the Congressional transfers. S. RES. 308 In addition, our legislation directs Budget Office. Whereas the number of runaway and home- ‘‘(c) This paragraph may be waived or sus- the Department of the Interior to use a less youth in the United States is staggering, pended in the subcommittee or committee programmatic approach to environ- with studies suggesting that between only by an affirmative vote of 2⁄3 of the Mem- mental review for certain types of 1,600,000 and 2,800,000 youth live on the bers of the subcommittee or committee. An water transfers, helping to expedite streets each year; affirmative vote of 2⁄3 of the Members of the Whereas the problem of children who run them. subcommittee or committee shall be re- away from home is widespread, as youth be- Finally, it requires the Department quired to sustain an appeal of the ruling of tween 12 and 17 years of age are at a higher of the Interior to prepare a report and the Chair on a point of order raised under risk of homelessness than adults; recommendations on how to facilitate this paragraph. Whereas runaway youth are often expelled water transfers throughout California, ‘‘(d)(1) It shall not be in order in the Sen- from their homes by their families, dis- including between the State and Fed- ate to proceed to a legislative matter if the charged by State custodial systems without eral water projects. legislative matter was proceeded to in a sub- adequate transition plans, separated from These water transfers are an impor- committee or committee in violation of this their parents by death and divorce, or phys- tant tool for improving flexibility in paragraph. ically, sexually, and emotionally abused at managing water supplies, providing a ‘‘(2) This subparagraph may be waived or home; mechanism for getting water to those suspended in the Senate only by an affirma- Whereas runaway youth are often too poor tive vote of 2⁄3 of the Members, duly chosen communities who need it most. Pre- to secure their own basic needs and are ineli- and sworn. An affirmative vote of 2⁄3 of the gible or unable to access adequate medical or liminary estimates suggest that this Members of the Senate, duly chosen and mental health resources; legislation may enable the transfer of sworn, shall be required in the Senate to sus- Whereas effective programs that provide as much as 250,000 to 300,000 acre-feet of tain an appeal of the ruling of the Chair on support to runaway youth and assist them in water per year to communities in need. a point of order raised under this subpara- remaining at home with their families can This will provide a crucial resource to graph. succeed through partnerships created among agricultural communities in California ‘‘(e) In this paragraph, the term ‘legisla- families, community-based human service that lost 90 percent of their expected tive matter’ means any bill, joint resolution, agencies, law enforcement agencies, schools, water allocations this year. concurrent resolution, conference report, or faith-based organizations, and businesses; substitute amendment but does not include Whereas preventing youth from running I look forward to working with my perfecting amendments.’’. away from home and supporting youth in colleagues in the Senate and in the (b) SENATE.—Rule XVII of the Standing high-risk situations is a family, community, California delegation to advance this Rules of the Senate is amended by inserting and national priority; important legislation. at the end thereof the following: Whereas the future of the Nation is de- f ‘‘6. (a) It shall not be in order in the Senate pendent on providing opportunities for youth to proceed to any legislative matter unless to acquire the knowledge, skills, and abili- SUBMITTED RESOLUTIONS the legislative matter and a final budget ties necessary to develop into safe, healthy, scoring by the Congressional Budget Office and productive adults; for the legislative matter has been publically Whereas the National Network for Youth SENATE RESOLUTION 307—TO RE- available on the Internet as provided in sub- and its members advocate on behalf of run- QUIRE THAT ALL LEGISLATIVE paragraph (b) in searchable form 72 hours away and homeless youth and provide an MATTERS BE AVAILABLE AND (excluding Saturdays, Sundays and holidays array of community-based support to address FULLY SCORED BY CBO 72 except when the Senate is in session on such their critical needs; a day) prior to proceeding. Whereas the National Runaway Switch- HOURS BEFORE CONSIDERATION board provides crisis intervention and refer- ‘‘(b) With respect to the requirements of BY ANY SUBCOMMITTEE OR rals to reconnect runaway youth with their subparagraph (a)— COMMITTEE OF THE SENATE OR families and link youth to local resources ‘‘(1) the legislative matter shall be avail- ON THE FLOOR OF THE SENATE that provide positive alternatives to running able on the official website of the committee away from home; and Mr. BUNNING (for himself, Mr. with jurisdiction over the subject matter of Whereas during the month of November, the legislative matter; and JOHANNS, Mr. DEMINT, Mr. CRAPO, Mr. the National Network for Youth and the Na- ‘‘(2) the final score shall be available on VITTER, Mr. THUNE, Mr. RISCH, Mr. tional Runaway Switchboard are co-spon- the official website of the Congressional GREGG, Mr. GRASSLEY: Mr. WICKER, Mr. soring National Runaway Prevention Month, Budget Office. ENSIGN, Mr. COBURN, Mr. INHOFE, Mr. in order to increase public awareness of the SESSIONS, Mr. VOINOVICH, Mr. ‘‘(c) This paragraph may be waived or sus- circumstances faced by youth in high-risk pended in the Senate only by an affirmative CHAMBLISS, Mr. CORNYN, Mr. situations and to address the need to provide vote of 2⁄3 of the Members, duly chosen and BROWNBACK, Mr. BARRASSO, Mr. ENZI, resources and support for safe, healthy, and sworn. An affirmative vote of 2⁄3 of the Mem- productive alternatives for at-risk youth, Mr. BURR, Mr. CORKER, Mr. KYL, Mr. bers of the Senate, duly chosen and sworn, their families, and their communities: Now, MCCAIN, Mr. ALEXANDER, and Mr. ROB- shall be required in the Senate to sustain an therefore, be it ERTS) submitted the following resolu- appeal of the ruling of the Chair on a point Resolved, That the Senate recognizes and tion; which was referred to the Com- of order raised under this paragraph. supports the goals and ideals of National mittee on Rules and Administration: ‘‘(d) In this paragraph, the term ‘legisla- Runaway Prevention Month. S. RES. 307 tive matter’ means any bill, joint resolution, f concurrent resolution, conference report, or SECTION 1. PUBLIC AVAILABILITY OF LEGISLA- substitute amendment but does not include SENATE CONCURRENT RESOLU- TION AND THE COST OF THAT LEGIS- LATION. perfecting amendments.’’. TION 46—RECOGNIZING THE BEN- (a) COMMITTEES.—Rule XXVI of the Stand- SEC. 2. PROTECTION OF CLASSIFIED INFORMA- EFITS OF SERVICE-LEARNING ing Rules of the Senate is amended by insert- TION. AND EXPRESSING SUPPORT FOR ing at the end thereof the following: Nothing in this resolution or any amend- THE GOALS OF THE NATIONAL ‘‘14. (a) It shall not be in order in a sub- ment made by it shall be interpreted to re- LEARN AND SERVE CHALLENGE committee or committee to proceed to any quire or permit the declassification or post- Mrs. MURRAY (for herself, Mr. COCH- legislative matter unless the legislative mat- ing on the Internet of classified information ter and a final budget scoring by the Con- in the custody of the Senate. Such classified RAN, Mr. DODD, Ms. MIKULSKI, Mr. gressional Budget Office for the legislative information shall be made available to Mem- FEINGOLD, Ms. COLLINS, Mr. BAYH, and matter has been publically available on the bers in a timely manner as appropriate under Mrs. GILLIBRAND) submitted the fol- Internet as provided in subparagraph (b) in existing laws and rules. lowing concurrent resolution; which

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10223 was referred to the Committee on Resolved by the Senate (the House of Rep- be proposed by him to the bill H.R. 2847, Health, Education, Labor, and Pen- resentatives concurring), That Congress— supra; which was ordered to lie on the table. sions: (1) recognizes the benefits of service-learn- SA 2644. Mr. VITTER (for himself, Mr. BEN- ing, which include— NETT, and Mr. ENZI) proposed an amendment S. CON. RES. 46 (A) enriching and enhancing academic out- to the bill H.R. 2847, supra. Whereas service-learning is a teaching comes for youth; SA 2645. Mr. FEINGOLD submitted an method that enhances academic learning by (B) engaging youth in positive experiences amendment intended to be proposed by him integrating classroom content with relevant in the community; and to the bill H.R. 2847, supra; which was or- activities aimed at addressing identified (C) encouraging youth to make more con- dered to lie on the table. needs in a community or school; structive choices with regards to their lives; SA 2646. Mr. BEGICH (for himself and Ms. Whereas service-learning has been used (2) encourages schools, school districts, MURKOWSKI) submitted an amendment in- both in school and community-based settings college campuses, community-based organi- tended to be proposed by him to the bill H.R. as a teaching strategy to enhance learning zations, nonprofit organizations, and faith- 2847, supra; which was ordered to lie on the by building on youth experiences, granting based organizations to provide youth with table. youth a voice in learning, and making in- more service-learning opportunities; and SA 2647. Mr. DURBIN submitted an amend- structional goals and objectives more rel- (3) expresses support for the goals of the ment intended to be proposed by him to the evant to youth; National Learn and Serve Challenge. bill H.R. 2847, supra. Whereas service-learning addresses the SA 2648. Mr. ENSIGN submitted an amend- dropout epidemic in the United States by f ment intended to be proposed by him to the making education more ‘‘hands-on’’ and rel- AMENDMENTS SUBMITTED AND bill H.R. 2847, supra; which was ordered to lie evant, and has been especially effective in PROPOSED on the table. addressing the dropout epidemic with respect SA 2649. Ms. MIKULSKI submitted an to disadvantaged youth; SA 2627. Mr. LEVIN (for himself and Mr. amendment intended to be proposed by her Whereas service-learning is proven to pro- COBURN) submitted an amendment intended to the bill H.R. 2847, supra; which was or- vide the greatest benefits to disadvantaged to be proposed by him to the bill H.R. 2847, dered to lie on the table. and at-risk youth by building self-con- making appropriations for the Departments SA 2650. Mr. CHAMBLISS (for himself and fidence, which often translates into overall of Commerce and Justice, and Science, and Mr. ISAKSON) submitted an amendment in- academic and personal success; Related Agencies for the fiscal year ending Whereas service-learning provides not only September 30, 2010, and for other purposes. tended to be proposed by him to the bill H.R. meaningful experiences, but improves the SA 2628. Mr. LAUTENBERG submitted an 2847, supra; which was ordered to lie on the quantity and quality of interactions between amendment intended to be proposed by him table. youth and potential mentors in the commu- to the bill H.R. 2847, supra; which was or- SA 2651. Ms. COLLINS submitted an nity; dered to lie on the table. amendment intended to be proposed by her Whereas service-learning empowers youth SA 2629. Mr. McCAIN proposed an amend- to the bill H.R. 2847, supra; which was or- as actively engaged learners, citizens, and ment to the bill H.R. 2847, supra. dered to lie on the table. contributors to the community; SA 2630. Mr. VITTER submitted an amend- SA 2652. Mr. FEINGOLD (for himself, Mr. Whereas youth engaged in service-learning ment intended to be proposed by him to the SANDERS, Mr. KOHL, and Mr. GRASSLEY) sub- provide critical service to the community by bill H.R. 2847, supra. mitted an amendment intended to be pro- addressing a variety of needs in towns, cit- SA 2631. Mr. COBURN submitted an amend- posed by him to the bill H.R. 2847, supra; ies, and States, including needs such as tu- ment intended to be proposed by him to the which was ordered to lie on the table. toring young children, care of the elderly, bill H.R. 2847, supra; which was ordered to lie SA 2653. Mr. BUNNING (for himself, Mr. community nutrition, disaster relief, envi- on the table. VITTER, and Mr. BURR) proposed an amend- ronmental stewardship, financial education, SA 2632. Mr. COBURN submitted an amend- ment to the bill H.R. 2847, supra. and public safety; ment intended to be proposed by him to the SA 2654. Mr. AKAKA proposed an amend- Whereas far-reaching and diverse research bill H.R. 2847, supra; which was ordered to lie ment to the bill S. 728, to amend title 38, shows that service-learning enhances the on the table. United States Code, to enhance veterans’ in- academic, career, cognitive, and civic devel- SA 2633. Mr. COCHRAN submitted an surance benefits, and for other purposes. opment of students in kindergarten through amendment intended to be proposed by him SA 2655. Mr. GRASSLEY submitted an 12th grade, and students at institutions of to the bill H.R. 2847, supra; which was or- amendment intended to be proposed by him higher education; dered to lie on the table. to the bill H.R. 2847, making appropriations Whereas service-learning strengthens and SA 2634. Mr. CORNYN submitted an for the Departments of Commerce and Jus- increases the number of partnerships among amendment intended to be proposed by him tice, and Science, and Related Agencies for institutions of higher education, local to the bill H.R. 2847, supra; which was or- the fiscal year ending September 30, 2010, and schools, and communities, which strengthens dered to lie on the table. for other purposes; which was ordered to lie SA 2635. Mr. VITTER (for himself and Ms. communities and improves academic learn- on the table. LANDRIEU) submitted an amendment in- ing; tended to be proposed by him to the bill H.R. f Whereas service-learning programs allow a 2847, supra; which was ordered to lie on the multitude of skilled and enthusiastic college table. TEXT OF AMENDMENTS students to serve in the communities sur- SA 2636. Ms. LANDRIEU submitted an rounding their colleges; SA 2627. Mr. LEVIN (for himself and amendment intended to be proposed by her Whereas service-learning programs engage Mr. COBURN) submitted an amendment to the bill H.R. 2847, supra; which was or- students in actively addressing and solving intended to be proposed by him to the dered to lie on the table. pressing community issues and strengthen SA 2637. Mr. BROWN submitted an amend- bill H.R. 2847, making appropriations the ability of nonprofit organizations to ment intended to be proposed by him to the for the Departments of Commerce and meet community needs; bill H.R. 2847, supra; which was ordered to lie Justice, and Science, and Related Whereas Learn and Serve America, a pro- on the table. Agencies for the fiscal year ending Sep- gram established under subtitle B of title I SA 2638. Mr. BROWN submitted an amend- of the National and Community Service Act tember 30, 2010, and for other purposes; ment intended to be proposed by him to the as follows: of 1990 (42 U.S.C. 12521 et seq.), is the only bill H.R. 2847, supra; which was ordered to lie Federally funded program dedicated to serv- on the table. At the appropriate place, insert the fol- ice-learning and engages more than 1,100,000 SA 2639. Mr. BROWN submitted an amend- lowing: youth in service-learning each year; ment intended to be proposed by him to the SEC. lll. (a) IN GENERAL.—The Attorney Whereas Learn and Serve America is a bill H.R. 2847, supra; which was ordered to lie General shall direct sufficient funds to the highly cost-effective program, with an aver- on the table. Tax Division, including for hiring additional age cost of approximately $25 per participant SA 2640. Mr. BROWN submitted an amend- personnel, to ensure that the thousands of and leverage of $1 for every Federal dollar in- ment intended to be proposed by him to the civil and criminal cases pending or referred vested; bill H.R. 2847, supra; which was ordered to lie during the 2010 fiscal year to the Tax Divi- Whereas the National Learn and Serve on the table. sion or to an Office of a United States Attor- Challenge is an annual event that, in 2009, SA 2641. Mr. LEVIN submitted an amend- ney related to a United States person who will take place October 5 through October 11; ment intended to be proposed by him to the owes taxes, interest, or penalties in connec- and bill H.R. 2847, supra; which was ordered to lie tion with a foreign financial account at an Whereas the National Learn and Serve on the table. offshore financial institution or who assisted Challenge spotlights the value of service- SA 2642. Mr. LEAHY submitted an amend- in the establishment or administration of learning to young people, schools, college ment intended to be proposed by him to the such an account are— campuses, and communities, encourages oth- bill H.R. 2847, supra; which was ordered to lie (1) acted on in a prompt fashion by a Fed- ers to launch service-learning activities, and on the table. eral prosecutor or attorney; increases recognition of Learn and Serve SA 2643. Mr. ENSIGN (for himself and Mr. (2) resolved within a reasonable time pe- America: Now, therefore, be it: REID) submitted an amendment intended to riod; and

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10224 CONGRESSIONAL RECORD — SENATE October 7, 2009 (3) not allowed to accumulate into a back- propriations for the Departments of ‘‘(2) are unlikely to be used as a weapon.’’. log of inactive cases due to insufficient re- Commerce and Justice, and Science, (b) EFFECTIVE DATE.—The amendment sources. and Related Agencies for the fiscal made by this section shall take effect 180 (b) REPROGRAMMING.—If necessary to carry days after the date of enactment of this Act. out this section, the Attorney General shall year ending September 30, 2010, and for submit a request during the fiscal year 2010 other purposes; as follows: SA 2634. Mr. CORNYN submitted an to reprogram funds necessary for the proc- At the appropriate place, insert the fol- amendment intended to be proposed by essing of such civil and criminal cases. lowing: him to the bill H.R. 2847, making ap- SEC. ll. None of the amounts made avail- propriations for the Departments of able in this title under the heading ‘‘COMMU- SA 2628. Mr. LAUTENBERG sub- Commerce and Justice, and Science, mitted an amendment intended to be NITY ORIENTED POLICING SERVICES’’ may be used in contravention of section 642(a) of the and Related Agencies for the fiscal proposed by him to the bill H.R. 2847, year ending September 30, 2010, and for making appropriations for the Depart- Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)). other purposes; which was ordered to ments of Commerce and Justice, and lie on the table; as follows: Science, and Related Agencies for the SA 2631. Mr. COBURN submitted an At the appropriate place, insert the fol- fiscal year ending September 30, 2010, amendment intended to be proposed by lowing: and for other purposes; which was or- him to the bill H.R. 2847, making ap- SEC. lll. None of the funds provided in dered to lie on the table; as follows: propriations for the Departments of this Act may be used by the Department of On page 203, between lines 23 and 24, insert Commerce and Justice, and Science, Justice to prosecute or otherwise sanction the following: and Related Agencies for the fiscal any individual who— (1) provided input into the legal opinions SEC. 533. STATE PRICE PARITIES. year ending September 30, 2010, and for (a) DEFINITIONS.—In this section: by the Office of Legal Counsel of the Depart- other purposes; which was ordered to ment of Justice analyzing the legality of the (1) STATE.—The term ‘‘State’’ means each lie on the table; as follows: of the several States of the United States, enhanced interrogation program; the District of Columbia, the Commonwealth At the appropriate place in title III, insert (2) relied in good faith on those legal opin- of Puerto Rico, the United States Virgin Is- the following: ions; or lands, Guam, American Samoa, and the Com- SEC. ll. None of the funds appropriated (3) was a member of Congress and was monwealth of the Northern Mariana Islands. under this Act may be used to carry out the briefed on the enhanced interrogation pro- functions of the Political Science Program (2) STATE PRICE PARITIES.—The term gram and did not object to the program ‘‘State price parities’’ means the differences in the Division of Social and Economic going forward. in consumer price levels between States, or Sciences of the Directorate for Social, Be- ‘‘Regional Price Parities’’, as calculated by havioral, and Economic Sciences of the Na- SA 2635. Mr. VITTER (for himself the Bureau of Economic Analysis. tional Science Foundation. and Ms. LANDRIEU) submitted an (b) CALCULATION.—The Director of the Bu- amendment intended to be proposed by reau of Economic Analysis shall regularly SA 2632. Mr. COBURN submitted an him to the bill H.R. 2847, making ap- calculate and make public as an official sta- amendment intended to be proposed by propriations for the Departments of tistic, not less frequently than annually, him to the bill H.R. 2847, making ap- Commerce and Justice, and Science, State price parities to determine the dif- propriations for the Departments of and Related Agencies for the fiscal ferences in consumer price levels between Commerce and Justice, and Science, year ending September 30, 2010, and for States. and Related Agencies for the fiscal other purposes; which was ordered to (c) REPORT.—Not later than 60 days after year ending September 30, 2010, and for the date of the enactment of this Act, the lie on the table; as follows: Director of the Bureau of Economic Analysis other purposes; which was ordered to At the appropriate place, insert the fol- shall submit a report to Congress that de- lie on the table; as follows: lowing: scribes— At the appropriate place, insert the fol- SEC. lll. At the discretion of the Attor- (1) the method that will be used to cal- lowing: ney General, funds appropriated under the culate State price parities; SEC. lll. (a) Notwithstanding any other heading ‘‘Byrne Discretionary grants’’ under (2) the frequency with which such calcula- provision of this Act and except as provided funding for the Department of Justice in the tions will be made public; and in subsection (b), any report required to be Commerce, Justice, Science, and Related (3) the date on which State price parities submitted by a Federal agency or depart- Agencies Appropriations Act, 2009 (Public shall first be published as an official sta- ment to the Committee on Appropriations of Law 111-8) to the Louisiana District Attor- tistic. either the Senate or the House of Represent- ney’s Association for the purpose to support atives in this Act shall be posted on the pub- an early intervention program for at-risk el- SA 2629. Mr. MCCAIN proposed an lic website of that agency upon receipt by ementary students may be available to the amendment to the bill H.R. 2847, mak- the committee. University of Louisiana-Lafayette for the ing appropriations for the Departments (b) Subsection (a) shall not apply to a re- same purpose. port if— of Commerce and Justice, and Science, (1) the public posting of the report com- SA 2636. Ms. LANDRIEU submitted and Related Agencies for the fiscal promises national security; or an amendment intended to be proposed year ending September 30, 2010, and for (2) the report contains proprietary infor- by her to the bill H.R. 2847, making ap- other purposes; as follows: mation. propriations for the Departments of On page 202, between lines 15 and 16, insert Commerce and Justice, and Science, SA 2633. Mr. COCHRAN submitted an the following: and Related Agencies for the fiscal SEC. 530A. None of the funds made avail- amendment intended to be proposed by able in this Act for the Department of Jus- him to the bill H.R. 2847, making ap- year ending September 30, 2010, and for tice may be used to investigate or enforce propriations for the Departments of other purposes; which was ordered to Federal laws related to the importation of Commerce and Justice, and Science, lie on the table; as follows: prescription drugs by individuals for per- and Related Agencies for the fiscal On page 184, line 19, strike ‘‘representation sonal use, by pharmacists, or by wholesalers year ending September 30, 2010, and for expenses:’’ and insert ‘‘representation ex- or to bring an action against such individ- penses: Provided further, That not more than uals, pharmacists, or wholesalers related to other purposes; which was ordered to $500,000 shall be available for the establish- such importation: Provided, That the Depart- lie on the table; as follows: ment of an Assistant United States Trade ment of Justice or its subagencies do not On page 170, between lines 19 and 20, insert Representative for Small Business:’’. have a reasonable belief that the prescrip- the following: tion drug at issue violates the Federal Food, SEC. 220. EXEMPTION AUTHORITY. SA 2637. Mr. BROWN submitted an Drug, and Cosmetic Act (21 U.S.C. 301 et (a) IN GENERAL.—Section 845 of title 18, amendment intended to be proposed by seq.): Provided further, That the prescription United States Code, is amended by adding at him to the bill H.R. 2847, making ap- drug at issue is not a controlled substance, the end the following: propriations for the Departments of as defined in section 102 of the Controlled ‘‘(d) The Attorney General may exempt Commerce and Justice, and Science, Substances Act (21 U.S.C. 802), or a biological from all or a part of the provisions of this and Related Agencies for the fiscal product, as defined in section 351 of the Pub- chapter explosive materials or explosive de- lic Health Service Act (42 U.S.C. 262). vices containing such materials when a de- year ending September 30, 2010, and for termination is made, by regulation, that the other purposes; which was ordered to SA 2630. Mr. VITTER submitted an explosive materials or explosive devices— lie on the table; as follows: amendment intended to be proposed by ‘‘(1) are of a type that does not pose a On page 106, line 21, before the period, in- him to the bill H.R. 2847, making ap- threat to public safety; and sert the following: ‘‘: Provided further, That

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10225 the International Trade Administration and Related Agencies for the fiscal SA 2643. Mr. ENSIGN (for himself shall, not later than 180 days after the date year ending September 30, 2010, and for and Mr. REID) submitted an amend- of the enactment of this Act, report to Con- other purposes; which was ordered to ment intended to be proposed by him gress on the progress that has been made in lie on the table; as follows: to the bill H.R. 2847, making appropria- carrying out the recommendations and ob- jectives set forth in the 2003 report entitled On page 170, between lines 19 and 20, insert tions for the Departments of Commerce the following: ‘Manufacturing in America: A Comprehen- and Justice, and Science, and Related SEC. 220. Of the amounts appropriated for Agencies for the fiscal year ending Sep- sive Strategy to Address the Challenges to the Edward Byrne Memorial Justice Assist- U.S. Manufacturers’ ’’. ance Grant Program under subpart 1 of part tember 30, 2010, and for other purposes; E of title I of the Omnibus Crime Control which was ordered to lie on the table; SA 2638. Mr. BROWN submitted an and Safe Streets Act of 1968 (42 U.S.C. 3750 et as follows: amendment intended to be proposed by seq.) under the heading ‘‘STATE AND LOCAL At the appropriate place, insert the fol- him to the bill H.R. 2847, making ap- LAW ENFORCEMENT ASSISTANCE’’ under the lowing: propriations for the Departments of heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ SEC. lll. JUDICIAL EDUCATION. Commerce and Justice, and Science, under the heading ‘‘STATE AND LOCAL LAW (a) SHORT TITLE.—This section may be and Related Agencies for the fiscal ENFORCEMENT ACTIVITIES’’ under title II of cited as the ‘‘Judicial Education Act of the Omnibus Appropriations Act, 2009 (Pub- 2009’’. year ending September 30, 2010, and for lic Law 111–8; 123 Stat. 579), at the discretion other purposes; which was ordered to (b) FINDINGS.—Congress finds that the Na- of the Attorney General, the amounts to be tional Judicial College— lie on the table; as follows: made available to Genesee County, Michigan (1) continues to be an invaluable national On page 127, line 25, before the period in- for assistance for individuals transitioning resource improving the lives of all Ameri- sert the following: ‘‘: Provided, That, not from prison in Genesee County, Michigan cans by advancing fair, impartial, accessible, later than 60 days after the date of enact- pursuant to the joint statement of managers and timely justice through judicial edu- ment of this Act, the Inspector General of accompanying that Act may be made avail- cation; the Department of Justice shall evaluate ac- able to My Brother’s Keeper of Genesee (2) serves as the national judicial edu- tions taken by the Bureau of Prisons in re- County, Michigan to provide assistance for cation entity that performs assessments to sponse to recommendations issued by the In- individuals transitioning from prison in Gen- determine content of training or education spector General in 2007 and 2008 regarding ex- esee County, Michigan. programs, creates curriculum, presents judi- posure to cadmium, lead, and other metals SA 2642. Mr. LEAHY submitted an cial education programs, and acts as a re- at the Federal Correctional Institution lo- source to States supporting their judicial cated in Elkton, Ohio and submit to the amendment intended to be proposed by education efforts; Committee on the Judiciary of the Senate him to the bill H.R. 2847, making ap- (3) collaborates with Federal and State and the Committee on the Judiciary of the propriations for the Departments of agencies and a broad-based network of public House of Representatives a report regarding Commerce and Justice, and Science, and private justice improvement entities to the findings of the evaluation under this pro- and Related Agencies for the fiscal advance justice system improvement viso’’. year ending September 30, 2010, and for through judicial education; other purposes; which was ordered to (4) operates a national judicial education Mr. BROWN submitted an SA 2639. lie on the table; as follows: entity that conducts judicial education pro- amendment intended to be proposed by grams at its state-of-the-art educational fa- On page 170, between lines 19 and 20, insert cility on the campus of the University of Ne- him to the bill H.R. 2847, making ap- the following: propriations for the Departments of vada Reno, regionally at sites across the SEC. 220. BENEFITS FOR CERTAIN NONPROFIT United States, and in States to enhance the Commerce and Justice, and Science, EMERGENCY MEDICAL SERVICE professional competence of the judiciary; and Related Agencies for the fiscal PROVIDERS. (a) SHORT TITLE.—This section may be (5) is a resource to all States and the year ending September 30, 2010, and for United States territories by training judges, other purposes; which was ordered to cited as the ‘‘Dale Long Emergency Medical Service Providers Protection Act’’. lawyers, physicians, and scientists as adult lie on the table; as follows: (b) ELIGIBILITY.—Section 1204 of title I of educators to present judicial education pro- On page 185, line 5, before the period, insert the Omnibus Crime Control and Safe Streets grams in an interactive adult learning envi- the following: ‘‘: Provided further, That the Act of 1968 (42 U.S.C. 3796b) is amended— ronment, including training them to teach in United States Trade Representative shall, in (1) in paragraph (7), by striking ‘‘public a distance-learning format; and the report to Congress required by section employee member of a rescue squad or ambu- (6) has educated over 80,000 judges from all 163 of the Trade Act of 1974 (19 U.S.C. 2213), lance crew;’’ and inserting ‘‘employee or vol- 50 States and the United States territories include information regarding the sanitary unteer member of a rescue squad or ambu- since 1963. and phytosanitary standards of the countries lance crew (including a ground or air ambu- (c) ADDITIONAL NOTIFICATION AND REPORT- from which the United States imports food lance service) that— ING REQUIREMENTS.— and food products’’. ‘‘(A) is a public agency; or (1) NOTIFICATION.—Not later than 90 days ‘‘(B) is (or is a part of) a nonprofit entity after the end of each fiscal year during which SA 2640. Mr. BROWN submitted an serving the public that— funds are obligated from appropriations amendment intended to be proposed by ‘‘(i) is officially authorized or licensed to made pursuant to the authorization under him to the bill H.R. 2847, making ap- engage in rescue activity or to provide emer- subsection (d), the recipient of any such gency medical services; and funds for any project authorized under sub- propriations for the Departments of section (d) shall submit to the United States Commerce and Justice, and Science, ‘‘(ii) is officially designated as a pre-hos- pital emergency medical response agency;’’; Attorney General and the Administrative Of- and Related Agencies for the fiscal and fice of the United States Courts written noti- year ending September 30, 2010, and for (2) in paragraph (9)— fication specifying— other purposes; which was ordered to (A) in subparagraph (A), by striking ‘‘as a (A) an accounting of participation and sub- lie on the table; as follows: chaplain’’ and all that follows through the ject matter covered by the National Judicial College, including any universal decisions or On page 185, line 5, before the period, insert semicolon, and inserting ‘‘or as a chaplain;’’; declarations applying to sentencing rec- the following: ‘‘: Provided further, That the (B) in subparagraph (B)(ii), by striking ommendations, the impact of laws adopted United States Trade Representative shall, in ‘‘or’’ after the semicolon; by Acts of Congress, Federal regulations, the report to Congress required by section (C) in subparagraph (C)(ii), by striking the agency and State governmental actions, de- 163 of the Trade Act of 1974 (19 U.S.C. 2213), period and inserting ‘‘; or’’; and cisions of the Federal Judiciary and State include detailed information regarding Trade (D) by adding at the end the following: Supreme Courts, as well as advances of and Investment Framework Agreements, in- ‘‘(D) a member of a rescue squad or ambu- science and technology, or any other rel- cluding the criteria used to determine the lance crew who, as authorized or licensed by evant or appropriate items of jurisprudence, countries with which such agreements are law and by the applicable agency or entity during that fiscal year; initiated, the commitments sought from (and as designated by such agency or entity), (B) the authorized use specified in sub- those countries regarding such agreements, is engaging in rescue activity or in the provi- section (d) that the project satisfies; and and the time frame with which those com- sion of emergency medical services.’’. (C) the amount of State or private funds mitments are to be achieved’’. (c) EFFECTIVE DATE.—The amendments made by subsection (b) shall apply only to obligated or expended under the project dur- ing that fiscal year, including expenditures SA 2641. Mr. LEVIN submitted an injuries sustained on or after January 1, 2009. (d) OFFSET.—The total amount appro- on or occurring on Federal lands, United amendment intended to be proposed by priated under the heading ‘‘SALARIES AND EX- States territories, State lands, and private him to the bill H.R. 2847, making ap- PENSES’’ under the heading ‘‘GENERAL ADMIN- lands. propriations for the Departments of ISTRATION’’ under this title is reduced by (2) REVIEW.—The Attorney General shall Commerce and Justice, and Science, $1,000,000. review the notifications submitted under

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10226 CONGRESSIONAL RECORD — SENATE October 7, 2009 paragraph (1) for a fiscal year for the purpose (5) The name or title of each person whom On page 114, strike beginning with line 7 of assessing the success of the National Judi- the Secretary has charged with coordinating through line 14 and insert the following: cial College in achieving the purposes of this with other Federal agencies for the provision STATE CRIMINAL ALIEN ASSISTANCE PROGRAM section. of such assistance. For an additional amount for the State (3) ANNUAL REPORT.—The Attorney General (6) A description of the impediments to co- Criminal Alien Assistance Program shall prepare an annual report containing ordination between the Department of Com- $172,000,000 to remain available until ex- the results of the most recent review con- merce and other Federal agencies for the pended. ducted under paragraph (2) and a summary of provision of such assistance. the notifications covered by the review. (7) A description of the instances in which SA 2649. Ms. MIKULSKI submitted (4) SUBMISSION OF REPORT.—Not later than the Secretary successfully coordinated with an amendment intended to be proposed 150 days after the end of each fiscal year, the other Federal agencies to provide such as- by her to the bill H.R. 2847, making ap- report required under paragraph (3) for that sistance. fiscal year shall be submitted to the Com- (8) The recommendations of the Secretary propriations for the Departments of mittees on the Judiciary of the Senate and on how to improve the coordination among Commerce and Justice, and Science, House of Representatives and the Commit- Federal agencies for the provision of such as- and Related Agencies for the fiscal tees on Appropriations of the Senate and the sistance, including with respect to the feasi- year ending September 30, 2010, and for House of Representatives. bility and advisability of establishing a sin- other purposes; which was ordered to (d) AUTHORIZATION OF APPROPRIATIONS.— gle location where communities can obtain lie on the table; as follows: There are authorized to be appropriated to information about such assistance. the Department of Justice to support the Na- At the appropriate place, insert the fol- lowing: tional Judicial College’s judicial education SA 2646. Mr. BEGICH (for himself and activities, including those described under SEC. ll. 3-YEAR EXTENSION FOR ADMISSION OF Ms. MURKOWSKI) submitted an amend- subsection (b) for improving the skills, abili- NONIMMIGRANT NURSES IN HEALTH ties, and competency of State trial limited ment intended to be proposed by him PROFESSIONAL SHORTAGE AREAS. and general jurisdiction, appellate, tribal, to the bill H.R. 2847, making appropria- Section 2(e)(2) of the Nursing Relief for military, municipal, adjunct judicial offi- tions for the Departments of Commerce Disadvantaged Areas Act of 1999 (8 U.S.C. cers, magistrates, referees, justices of the and Justice, and Science, and Related 1182 note) is amended by striking ‘‘3 years’’ peace, and administrative law judiciary— Agencies for the fiscal year ending Sep- and inserting ‘‘6 years’’. (1) $1,500,000 for fiscal year 2010; tember 30, 2010, and for other purposes; SA 2650. Mr. CHAMBLISS (for him- (2) $2,000,000 for fiscal year 2011; which was ordered to lie on the table; (3) $2,000,000 for fiscal year 2012; and self and Mr. ISAKSON) submitted an (4) $2,000,000 for fiscal year 2013. as follows: amendment intended to be proposed by At the appropriate place, insert the fol- him to the bill H.R. 2847, making ap- SA 2644. Mr. VITTER (for himself, lowing: propriations for the Departments of Mr. BENNETT, and Mr. ENZI) proposed SEC. lll. Section 112(a)(1) of the Consoli- Commerce and Justice, and Science, an amendment to the bill H.R. 2847, dated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 62) is repealed. and Related Agencies for the fiscal making appropriations for the Depart- year ending September 30, 2010, and for ments of Commerce and Justice, and SA 2647. Mr. DURBIN submitted an other purposes; which was ordered to Science, and Related Agencies for the amendment intended to be proposed by lie on the table; as follows: fiscal year ending September 30, 2010, him to the bill H.R. 2847, making ap- At the appropriate place, insert the fol- and for other purposes; as follows: propriations for the Departments of lowing: On page 110, line 7, strike ‘‘activities.’’ and SEC. lll. The amount allocated under insert ‘‘activities: Provided further, That Commerce and Justice, and Science, and Related Agencies for the fiscal the Byrne discretionary grant program to none of the funds provided in this Act or any the Marcus Institute, Atlanta, GA, to pro- other act for any fiscal year may be used for year ending September 30, 2010, and for vide remediation for the potential con- collection of census data that does not in- other purposes; which was ordered to sequences of childhood abuse and neglect, in clude questions regarding United States citi- lie on the table; as follows: the report accompanying the Commerce, zenship and immigration status.’’ On page 203, between lines 23 and 24, insert Justice, Science, and Related Agencies Ap- Mr. FEINGOLD submitted the following: propriations Act, 2009 (Public Law 111–8) may SA 2645. be deemed to refer to the Georgia State Uni- an amendment intended to be proposed SEC. 533. REVIEW AND AUDIT OF ACORN FED- ERAL FUNDING. versity Center for Healthy Development, At- by him to the bill H.R. 2847, making ap- (a) REVIEW AND AUDIT.—The Comptroller lanta, GA. propriations for the Departments of General of the United States shall conduct a Commerce and Justice, and Science, review and audit of Federal funds awarded to SA 2651. Ms. COLLINS submitted an and Related Agencies for the fiscal the Association of Community Organizations amendment intended to be proposed by year ending September 30, 2010, and for for Reform Now (referred to in this section her to the bill H.R. 2847, making appro- other purposes; which was ordered to as ‘‘ACORN’’) or any subsidiary or affiliate priations for the Departments of Com- lie on the table; as follows: of ACORN to determine— merce and Justice, and Science, and On page 125, between lines 10 and 11, insert (1) whether any Federal funds were mis- Related Agencies for the fiscal year the following: used and, if so, the total amount of Federal funds involved and how such funds were mis- ending September 30, 2010, and for SEC. 111. (a) REPORT ON DEPARTMENT OF other purposes; which was ordered to COMMERCE ASSISTANCE TO COMMUNITIES.—Not used; later than 90 days after the date of the enact- (2) what steps, if any, have been taken to lie on the table; as follows: ment of this Act, the Secretary of Commerce recover any Federal funds that were mis- On page 170, between lines 19 and 20, insert shall submit to Congress a report on the ef- used; the following: fectiveness of the activities of the Depart- (3) what steps should be taken to prevent SEC. 220. Not later than 60 days after the ment of Commerce that assist communities the misuse of any Federal funds; and date of enactment of this Act, the Attorney with significant job losses and high unem- (4) whether all necessary steps have been General, the Secretary of Homeland Secu- ployment. taken to prevent the misuse of any Federal rity, and the Secretary of the Treasury shall (b) CONTENTS.—The report required by sub- funds. jointly prepare and submit a report to the section (a) shall include the following: (b) REPORT.—Not later than 180 days after Committees on Appropriations of the Senate (1) An assessment of the effectiveness of the date of enactment of this Act, the Comp- and the House of Representatives, the Com- the activities of the Department of Com- troller General shall submit to Congress a mittee on Homeland Security and Govern- merce that assist communities with signifi- report on the results of the audit required mental Affairs of the Senate, and the Com- cant job losses and high unemployment. under subsection (a), along with rec- mittee on Homeland Security of the House of (2) An assessment of the efforts of the Sec- ommendations for Federal agency reforms. Representatives. The report required under retary of Commerce to coordinate with other this section shall include— relevant Federal agencies to provide assist- SA 2648. Mr. ENSIGN submitted an (1) an explicit plan establishing specific ance to such communities, including the effi- amendment intended to be proposed by and detailed milestones for the Integrated ciency of such efforts. him to the bill H.R. 2847, making ap- Wireless Network funded in this title under (3) A summary of each memorandum of un- propriations for the Departments of the heading ‘‘Tactical Law enforcement derstanding between the Department of Commerce and Justice, and Science, Wireless Communications’’, with dates for Commerce and another Federal agency relat- the planned completion of such network and ing to such assistance. and Related Agencies for the fiscal the funds linked to achieving those mile- (4) A comparison of the role of the regional year ending September 30, 2010, and for stones; offices and the national office of the Depart- other purposes; which was ordered to (2) a description of the technical standards ment. lie on the table; as follows: and logical integration points between the

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law enforcement radio communications sys- quired to sustain an appeal of the ruling of (b) INCREASE IN AMOUNT OF PLOT ALLOW- tems of the Department of Justice, the De- the Chair on a point of order raised under ANCES.—Section 2303(b) is amended by strik- partment of Homeland Security, and the De- this paragraph. ing ‘‘$300’’ each place it appears and insert- partment of the Treasury needed to support ‘‘(d)(1) It shall not be in order in the Sen- ing ‘‘$745 (as increased from time to time and achieve interoperability between the re- ate to proceed to a legislative matter if the under subsection (c))’’. spective communications systems when legislative matter was proceeded to in a sub- (c) ANNUAL ADJUSTMENT.—Section 2303 is interoperability is required for tactical rea- committee or committee in violation of this amended by adding at the end the following sons or emergency situations; and paragraph. new subsection: (3) an explanation of how the Integrated ‘‘(2) This subparagraph may be waived or ‘‘(c) With respect to any fiscal year, the Wireless Network will promote interoper- suspended in the Senate only by an affirma- Secretary shall provide a percentage in- ability with other federal departments and tive vote of 2⁄3 of the Members, duly chosen crease (rounded to the nearest dollar) in the State and local governments. and sworn. An affirmative vote of 2⁄3 of the burial and funeral expenses under subsection Members of the Senate, duly chosen and (a) and in the plot allowance under sub- SA 2652. Mr. FEINGOLD (for himself, sworn, shall be required in the Senate to sus- section (b), equal to the percentage by which— Mr. SANDERS, Mr. KOHL, and Mr. tain an appeal of the ruling of the Chair on a point of order raised under this subpara- ‘‘(1) the Consumer Price Index (all items, GRASSLEY) submitted an amendment graph. United States city average) for the 12-month intended to be proposed by him to the ‘‘(e) In this paragraph, the term ‘legisla- period ending on the June 30 preceding the bill H.R. 2847, making appropriations tive matter’ means any bill, joint resolution, beginning of the fiscal year for which the in- for the Departments of Commerce and concurrent resolution, conference report, or crease is made, exceeds Justice, and Science, and Related substitute amendment but does not include ‘‘(2) the Consumer Price Index for the 12- Agencies for the fiscal year ending Sep- perfecting amendments.’’. month period preceding the 12-month period tember 30, 2010, and for other purposes; (b) SENATE.—Rule XVII of the Standing described in paragraph (1).’’. (d) EFFECTIVE DATE.— which was ordered to lie on the table; Rules of the Senate is amended by inserting at the end thereof the following: (1) IN GENERAL.—Except as provided in as follows: ‘‘6. (a) It shall not be in order in the Senate paragraph (2), the amendments made by this On page 130, line 15, before the period at to proceed to any legislative matter unless section shall apply with respect to deaths oc- the end, insert ‘‘: Provided further, That the the legislative matter and a final budget curring on or after October 1, 2010. Antitrust Division shall coordinate over- scoring by the Congressional Budget Office (2) PROHIBITION ON COST-OF-LIVING ADJUST- sight, information-sharing, and joint activi- for the legislative matter has been publically MENT FOR FISCAL YEAR 2011.—No adjustments ties concerning competition in the agri- available on the Internet as provided in sub- shall be made under section 2303(c) of title culture and related industries, including paragraph (b) in searchable form 72 hours 38, United States Code, as added by sub- farm suppliers, food processors, and retail- (excluding Saturdays, Sundays and holidays section (c), for fiscal year 2011. ers, with other relevant agencies, such as the except when the Senate is in session on such Federal Trade Commission, Commodity Fu- a day) prior to proceeding. SA 2655. Mr. GRASSLEY submitted tures Trading Commission, Department of ‘‘(b) With respect to the requirements of an amendment intended to be proposed Agriculture, and State Attorneys General, subparagraph (a)— by him to the bill H.R. 2847, making ap- and include an emphasis on asymmetric ‘‘(1) the legislative matter shall be avail- propriations for the Departments of price transmission from the retail to farm able on the official website of the committee Commerce and Justice, and Science, with jurisdiction over the subject matter of level as related to competition and increas- and Related Agencies for the fiscal ing processor and retailer share of retail the legislative matter; and price: Provided further, That if the Assistant ‘‘(2) the final score shall be available on year ending September 30, 2010, and for Attorney General for Antitrust determines the official website of the Congressional other purposes; which was ordered to that the Antitrust Division requires addi- Budget Office. lie on the table; as follows: tional authority, data collection, or re- ‘‘(c) This paragraph may be waived or sus- On page 202, between lines 15 and 16, insert sources to address those issues, the Division pended in the Senate only by an affirmative the following: shall submit to Congress a report that in- vote of 2⁄3 of the Members, duly chosen and SEC. 530A. None of the funds made avail- cludes recommendations and proposals for sworn. An affirmative vote of 2⁄3 of the Mem- able in this Act for the Department of Jus- legislative action’’. bers of the Senate, duly chosen and sworn, tice may be used to— shall be required in the Senate to sustain an (1) prohibit the disclosure of information SA 2653. Mr. BUNNING proposed an appeal of the ruling of the Chair on a point by any Federal Government agency or entity amendment to the bill H.R. 2847, mak- of order raised under this paragraph. requested by a ranking minority member of ing appropriations for the Departments ‘‘(d) In this paragraph, the term ‘legisla- any congressional committee of the Senate tive matter’ means any bill, joint resolution, of Commerce and Justice, and Science, or the House of Representatives based upon concurrent resolution, conference report, or section 552a(b)(9) of title 5, United States and Related Agencies for the fiscal substitute amendment but does not include Code (commonly referred to as the Privacy year ending September 30, 2010, and for perfecting amendments.’’. Act of 1974); or other purposes; as follows: (c) PROTECTION OF CLASSIFIED INFORMA- (2) advise, enforce, interpret, or provide At the appropriate place, insert the fol- TION.—Nothing in this section or any amend- guidance to the Department of Justice or lowing: ment made by it shall be interpreted to re- any other Federal Government agency or en- SEC. lll. (a) COMMITTEES.—Rule XXVI of quire or permit the declassification or post- tity, restricting disclosure of information to the Standing Rules of the Senate is amended ing on the Internet of classified information any ranking minority member of any con- by inserting at the end thereof the following: in the custody of the Senate. Such classified gressional committee of the Senate or the ‘‘14. (a) It shall not be in order in a sub- information shall be made available to Mem- House of Representatives based upon section committee or committee to proceed to any bers in a timely manner as appropriate under 552a(b)(9) of title 5, United States Code (com- legislative matter unless the legislative mat- existing laws and rules. monly referred to as the Privacy Act of 1974). ter and a final budget scoring by the Con- f gressional Budget Office for the legislative SA 2654. Mr. AKAKA proposed an matter has been publically available on the amendment to the bill S. 728, to amend NOTICE OF HEARING Internet as provided in subparagraph (b) in title 38, United States Code, to enhance COMMITTEE ON ENERGY AND NATURAL searchable form 72 hours (excluding Satur- veterans’ insurance benefits, and for RESOURCES days, Sundays and holidays except when the other purposes; as follows: Mr. BINGAMAN. Mr. President, I Senate is in session on such a day) prior to On page 39, line 10, strike ‘‘September 30, would like to announce for the infor- proceeding. 2014’’ and insert ‘‘April 30, 2016’’. mation of the Senate and the public ‘‘(b) With respect to the requirements of On page 54, strike line 18 and all that fol- subparagraph (a)— lows through page 61, line 6. that a hearing scheduled before the ‘‘(1) the legislative matter shall be avail- On page 61, strike line 7 and all that fol- Senate Committee on Energy and Nat- able on the official website of the com- lows through page 64, line 16, and insert the ural Resources, previously announced mittee; and following: for October 1st, has been rescheduled ‘‘(2) the final score shall be available on SEC. 501. INCREASE IN CERTAIN BURIAL AND FU- and will now be held on Wednesday, Oc- the official website of the Congressional NERAL BENEFITS AND PLOT ALLOW- tober 14, 2009, at 10 a.m. Budget Office. ANCES FOR VETERANS. The purpose of this hearing is to re- ‘‘(c) This paragraph may be waived or sus- (a) INCREASE IN BURIAL AND FUNERAL EX- ceive testimony on Energy and Related pended in the subcommittee or committee PENSES FOR DEATHS IN DEPARTMENT FACILI- only by an affirmative vote of 2⁄3 of the Mem- TIES.—Section 2303(a)(1)(A) is amended by Economic Effects of Global Climate bers of the subcommittee or committee. An striking ‘‘$300’’ and inserting ‘‘$745 (as in- Change Legislation. affirmative vote of 2⁄3 of the Members of the creased from time to time under subsection Because of the limited time available subcommittee or committee shall be re- (c))’’. for the hearing, witnesses may testify

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However, those mittee on the Judiciary be authorized and expenses of temporary duty travel between wishing to submit written testimony to meet during the session of the Sen- permanent duty stations, for members of the for the hearing record may do so by ate, on October 7, 2009, at 4 p.m. in Army on active duty, (except members of reserve sending it to the Committee on Energy room SD–226 of the Dirksen Senate Of- components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Offi- and Natural Resources, United States fice Building, to conduct a hearing en- cers’ Training Corps; and for payments pursu- Senate, Washington, D.C. 20510–6150, or titled ‘‘Nominations.’’ ant to section 156 of Public Law 97–377, as by e-mail to GinalWeinstock@ en- The PRESIDING OFFICER. Without amended (42 U.S.C. 402 note), and to the De- ergy.senate.gov objection, it is so ordered. partment of Defense Military Retirement Fund, For further information, please con- SUBCOMMITTEE ON COMMUNICATIONS, $41,267,448,000. tact Jonathan Black at (202) 224–6722 or TECHNOLOGY, AND THE INTERNET MILITARY PERSONNEL, NAVY Gina Weinstock at (202) 224–5684. Mr. DORGAN. Mr. President, I ask For pay, allowances, individual clothing, sub- f unanimous consent that the Sub- sistence, interest on deposits, gratuities, perma- AUTHORITY FOR COMMITTEES TO committee on Communications, Tech- nent change of station travel (including all ex- MEET nology, and the Internet of the Com- penses thereof for organizational movements), mittee on Commerce, Science, and and expenses of temporary duty travel between COMMITTEE ON BANKING, HOUSING, AND URBAN Transportation be authorized to meet permanent duty stations, for members of the AFFAIRS during the session of the Senate on Oc- Navy on active duty (except members of the Re- Mr. DORGAN. Mr. President, I ask tober 7, 2009, at 10 a.m., in room 253 of serve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Offi- unanimous consent that the Com- the Russell Senate Office Building. mittee on Banking, Housing, and cers’ Training Corps; and for payments pursu- The PRESIDING OFFICER. Without ant to section 156 of Public Law 97–377, as Urban Affairs be authorized to meet objection, it is so ordered. during the session of the Senate on Oc- amended (42 U.S.C. 402 note), and to the De- partment of Defense Military Retirement Fund, tober 7, 2009 at 2:30 p.m., to conduct a SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- AGEMENT, GOVERNMENT INFORMATION, FED- $25,440,472,000. hearing entitled ‘‘Securitization of As- ERAL SERVICES, AND INTERNATIONAL SECU- MILITARY PERSONNEL, MARINE CORPS sets: Problems and Solutions.’’ RITY The PRESIDING OFFICER. Without Mr. President, I ask unanimous con- For pay, allowances, individual clothing, sub- objection, it is so ordered. sistence, interest on deposits, gratuities, perma- sent that the Committee on Homeland nent change of station travel (including all ex- COMMITTEE ON FOREIGN RELATIONS Security and Governmental Affairs’ Mr. DORGAN. Mr. President, I ask penses thereof for organizational movements), Subcommittee on Federal Financial and expenses of temporary duty travel between unanimous consent that the Com- Management, Government Informa- permanent duty stations, for members of the mittee on Foreign Relations be author- tion, Federal Services, and Inter- Marine Corps on active duty (except members of ized to meet during the session of the national Security be authorized to the Reserve provided for elsewhere); and for Senate on October 7, 2009, at 10 a.m., to meet during the session of the Senate payments pursuant to section 156 of Public Law hold a hearing entitled ‘‘The Proposed on October 7, 2009, at 3 p.m. to conduct 97–377, as amended (42 U.S.C. 402 note), and to U.S.–UAE Agreement on Civilian Nu- the Department of Defense Military Retirement a hearing entitled, ‘‘2010 Census: A Sta- Fund, $12,883,790,000. clear Cooperation.’’ tus Update of Key Decennial Oper- The PRESIDING OFFICER. Without ations.’’ MILITARY PERSONNEL, AIR FORCE objection, it is so ordered. The PRESIDING OFFICER. Without For pay, allowances, individual clothing, sub- COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. sistence, interest on deposits, gratuities, perma- Mr. DORGAN. Mr. President, I ask nent change of station travel (including all ex- f unanimous consent that the Com- penses thereof for organizational movements), mittee on Foreign Relations be author- PRIVILEGES OF THE FLOOR and expenses of temporary duty travel between permanent duty stations, for members of the Air ized to meet during the session of the Mr. DORGAN. I ask unanimous con- Senate on October 7, 2009, at 10 a.m., to Force on active duty (except members of reserve sent that the following three individ- components provided for elsewhere), cadets, and hold a hearing entitled ‘‘Confronting uals from Senator REID’s office be aviation cadets; for members of the Reserve Offi- al-Qaeda: The Challenge Today and To- granted the privileges of the floor for cers’ Training Corps; and for payments pursu- morrow.’’ Thursday, October 8: Lauren Bateman, ant to section 156 of Public Law 97–377, as The PRESIDING OFFICER. Without Caren Street, and Maria Urbina. amended (42 U.S.C. 402 note), and to the De- objection, it is so ordered. The PRESIDING OFFICER. Without partment of Defense Military Retirement Fund, COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. $26,378,761,000. AND PENSIONS f RESERVE PERSONNEL, ARMY Mr. DORGAN. Mr. President, I ask DEPARTMENT OF DEFENSE For pay, allowances, clothing, subsistence, unanimous consent that the Com- gratuities, travel, and related expenses for per- mittee on Health, Education, Labor, APPROPRIATIONS ACT, 2010 sonnel of the Army Reserve on active duty and Pensions be authorized to meet The Senate, on Tuesday, October 6, under sections 10211, 10302, and 3038 of title 10, during the sessions of the Senate on 2009, passed H.R. 3326, as amended, as United States Code, or while serving on active October 7, 2009, at 10 a.m. in room SD– follows: duty under section 12301(d) of title 10, United 430 of the Dirksen Senate Office Build- States Code, in connection with performing duty H.R. 3326 specified in section 12310(a) of title 10, United ing. Resolved, That the bill from the House of The PRESIDING OFFICER. Without States Code, or while undergoing reserve train- Representatives (H.R. 3326) entitled ‘‘An Act ing, or while performing drills or equivalent objection, it is so ordered. making appropriations for the Department duty or other duty, and expenses authorized by COMMITTEE ON THE JUDICIARY of Defense for the fiscal year ending Sep- section 16131 of title 10, United States Code; and Mr. DORGAN. Mr. President, I ask tember 30, 2010, and for other purposes.’’, do for payments to the Department of Defense Mili- unanimous consent that the Com- pass with the following amendment: tary Retirement Fund, $4,286,656,000. Strike out all after the enacting clause and mittee on the Judiciary be authorized RESERVE PERSONNEL, NAVY to meet during the session of the Sen- insert: That the following sums are appropriated, out For pay, allowances, clothing, subsistence, ate, on October 7, 2009, at 10 a.m. in of any money in the Treasury not otherwise ap- gratuities, travel, and related expenses for per- room SD–226 of the Dirksen Senate Of- propriated, for the fiscal year ending September sonnel of the Navy Reserve on active duty under fice Building, to conduct a hearing en- 30, 2010, for military functions administered by section 10211 of title 10, United States Code, or titled ‘‘Workplace Fairness: Has the the Department of Defense and for other pur- while serving on active duty under section Supreme Court Been Misinterpreting poses, namely: 12301(d) of title 10, United States Code, in con- Laws Designed to Protect American TITLE I nection with performing duty specified in sec- tion 12310(a) of title 10, United States Code, or Workers From Discrimination?’’ MILITARY PERSONNEL while undergoing reserve training, or while per- The PRESIDING OFFICER. Without MILITARY PERSONNEL, ARMY objection, it is so ordered. forming drills or equivalent duty, and expenses For pay, allowances, individual clothing, sub- authorized by section 16131 of title 10, United COMMITTEE ON THE JUDICIARY sistence, interest on deposits, gratuities, perma- States Code; and for payments to the Depart- Mr. DORGAN. Mr. President, I ask nent change of station travel (including all ex- ment of Defense Military Retirement Fund, unanimous consent that the Com- penses thereof for organizational movements), $1,905,166,000.

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RESERVE PERSONNEL, MARINE CORPS OPERATION AND MAINTENANCE, MARINE CORPS cluding training, organization, and administra- For pay, allowances, clothing, subsistence, For expenses, not otherwise provided for, nec- tion, of the Marine Corps Reserve; repair of fa- gratuities, travel, and related expenses for per- essary for the operation and maintenance of the cilities and equipment; hire of passenger motor sonnel of the Marine Corps Reserve on active Marine Corps, as authorized by law, vehicles; travel and transportation; care of the duty under section 10211 of title 10, United $5,435,923,000. dead; recruiting; procurement of services, sup- States Code, or while serving on active duty OPERATION AND MAINTENANCE, AIR FORCE plies, and equipment; and communications, $219,425,000. under section 12301(d) of title 10, United States For expenses, not otherwise provided for, nec- Code, in connection with performing duty speci- essary for the operation and maintenance of the OPERATION AND MAINTENANCE, AIR FORCE fied in section 12310(a) of title 10, United States Air Force, as authorized by law; and not to ex- RESERVE Code, or while undergoing reserve training, or ceed $7,699,000 can be used for emergencies and For expenses, not otherwise provided for, nec- while performing drills or equivalent duty, and extraordinary expenses, to be expended on the essary for the operation and maintenance, in- for members of the Marine Corps platoon leaders approval or authority of the Secretary of the Air cluding training, organization, and administra- class, and expenses authorized by section 16131 Force, and payments may be made on his certifi- tion, of the Air Force Reserve; repair of facilities of title 10, United States Code; and for payments cate of necessity for confidential military pur- and equipment; hire of passenger motor vehicles; to the Department of Defense Military Retire- poses, $33,739,447,000. travel and transportation; care of the dead; re- ment Fund, $611,500,000. OPERATION AND MAINTENANCE, DEFENSE-WIDE cruiting; procurement of services, supplies, and RESERVE PERSONNEL, AIR FORCE equipment; and communications, $3,085,700,000. (INCLUDING TRANSFER OF FUNDS) For pay, allowances, clothing, subsistence, OPERATION AND MAINTENANCE, ARMY NATIONAL For expenses, not otherwise provided for, nec- gratuities, travel, and related expenses for per- GUARD essary for the operation and maintenance of ac- sonnel of the Air Force Reserve on active duty For expenses of training, organizing, and ad- under sections 10211, 10305, and 8038 of title 10, tivities and agencies of the Department of De- fense (other than the military departments), as ministering the Army National Guard, including United States Code, or while serving on active medical and hospital treatment and related ex- duty under section 12301(d) of title 10, United authorized by law, $28,205,050,000: Provided, That not more than $50,000,000 may be used for penses in non-Federal hospitals; maintenance, States Code, in connection with performing duty operation, and repairs to structures and facili- specified in section 12310(a) of title 10, United the Combatant Commander Initiative Fund au- thorized under section 166a of title 10, United ties; hire of passenger motor vehicles; personnel States Code, or while undergoing reserve train- services in the National Guard Bureau; travel ing, or while performing drills or equivalent States Code: Provided further, That not to ex- ceed $36,000,000 can be used for emergencies and expenses (other than mileage), as authorized by duty or other duty, and expenses authorized by law for Army personnel on active duty, for section 16131 of title 10, United States Code; and extraordinary expenses, to be expended on the approval or authority of the Secretary of De- Army National Guard division, regimental, and for payments to the Department of Defense Mili- battalion commanders while inspecting units in tary Retirement Fund, $1,584,712,000. fense, and payments may be made on his certifi- cate of necessity for confidential military pur- compliance with National Guard Bureau regula- NATIONAL GUARD PERSONNEL, ARMY poses: Provided further, That of the funds pro- tions when specifically authorized by the Chief, For pay, allowances, clothing, subsistence, vided under this heading, not less than National Guard Bureau; supplying and equip- gratuities, travel, and related expenses for per- $29,732,000 shall be made available for the Pro- ping the Army National Guard as authorized by sonnel of the Army National Guard while on curement Technical Assistance Cooperative law; and expenses of repair, modification, main- duty under section 10211, 10302, or 12402 of title Agreement Program, of which not less than tenance, and issue of supplies and equipment 10 or section 708 of title 32, United States Code, $3,600,000 shall be available for centers defined (including aircraft), $5,989,034,000. or while serving on duty under section 12301(d) in 10 U.S.C. 2411(1)(D): Provided further, That OPERATION AND MAINTENANCE, AIR NATIONAL of title 10 or section 502(f) of title 32, United none of the funds appropriated or otherwise GUARD States Code, in connection with performing duty made available by this Act may be used to plan For expenses of training, organizing, and ad- specified in section 12310(a) of title 10, United or implement the consolidation of a budget or ministering the Air National Guard, including States Code, or while undergoing training, or appropriations liaison office of the Office of the medical and hospital treatment and related ex- while performing drills or equivalent duty or Secretary of Defense, the office of the Secretary penses in non-Federal hospitals; maintenance, other duty, and expenses authorized by section of a military department, or the service head- operation, and repairs to structures and facili- 16131 of title 10, United States Code; and for quarters of one of the Armed Forces into a legis- ties; transportation of things, hire of passenger payments to the Department of Defense Military lative affairs or legislative liaison office: Pro- motor vehicles; supplying and equipping the Air Retirement Fund, $7,535,088,000. vided further, That $6,667,000, to remain avail- National Guard, as authorized by law; expenses NATIONAL GUARD PERSONNEL, AIR FORCE able until expended, is available only for ex- for repair, modification, maintenance, and issue For pay, allowances, clothing, subsistence, penses relating to certain classified activities, of supplies and equipment, including those fur- gratuities, travel, and related expenses for per- and may be transferred as necessary by the Sec- nished from stocks under the control of agencies sonnel of the Air National Guard on duty under retary to operation and maintenance appropria- of the Department of Defense; travel expenses section 10211, 10305, or 12402 of title 10 or section tions or research, development, test and evalua- (other than mileage) on the same basis as au- 708 of title 32, United States Code, or while serv- tion appropriations, to be merged with and to be thorized by law for Air National Guard per- ing on duty under section 12301(d) of title 10 or available for the same time period as the appro- sonnel on active Federal duty, for Air National section 502(f) of title 32, United States Code, in priations to which transferred: Provided fur- Guard commanders while inspecting units in connection with performing duty specified in ther, That any ceiling on the investment item compliance with National Guard Bureau regula- section 12310(a) of title 10, United States Code, unit cost of items that may be purchased with tions when specifically authorized by the Chief, or while undergoing training, or while per- operation and maintenance funds shall not National Guard Bureau, $5,857,011,000. forming drills or equivalent duty or other duty, apply to the funds described in the preceding UNITED STATES COURT OF APPEALS FOR THE and expenses authorized by section 16131 of title proviso: Provided further, That the transfer au- ARMED FORCES thority provided under this heading is in addi- 10, United States Code; and for payments to the For salaries and expenses necessary for the tion to any other transfer authority provided Department of Defense Military Retirement United States Court of Appeals for the Armed elsewhere in this Act. Fund, $2,923,599,000. Forces, $13,932,000, of which not to exceed $5,000 TITLE II OPERATION AND MAINTENANCE, ARMY RESERVE may be used for official representation purposes. OPERATION AND MAINTENANCE For expenses, not otherwise provided for, nec- ENVIRONMENTAL RESTORATION, ARMY essary for the operation and maintenance, in- OPERATION AND MAINTENANCE, ARMY (INCLUDING TRANSFER OF FUNDS) For expenses, not otherwise provided for, nec- cluding training, organization, and administra- tion, of the Army Reserve; repair of facilities For the Department of the Army, $430,864,000, essary for the operation and maintenance of the to remain available until transferred: Provided, Army, as authorized by law; and not to exceed and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; re- That the Secretary of the Army shall, upon de- $12,478,000 can be used for emergencies and ex- termining that such funds are required for envi- traordinary expenses, to be expended on the ap- cruiting; procurement of services, supplies, and equipment; and communications, $2,582,624,000. ronmental restoration, reduction and recycling proval or authority of the Secretary of the of hazardous waste, removal of unsafe buildings OPERATION AND MAINTENANCE, NAVY RESERVE Army, and payments may be made on his certifi- and debris of the Department of the Army, or cate of necessity for confidential military pur- For expenses, not otherwise provided for, nec- for similar purposes, transfer the funds made poses, $30,667,886,000. essary for the operation and maintenance, in- available by this appropriation to other appro- OPERATION AND MAINTENANCE, NAVY cluding training, organization, and administra- priations made available to the Department of For expenses, not otherwise provided for, nec- tion, of the Navy Reserve; repair of facilities the Army, to be merged with and to be available essary for the operation and maintenance of the and equipment; hire of passenger motor vehicles; for the same purposes and for the same time pe- Navy and the Marine Corps, as authorized by travel and transportation; care of the dead; re- riod as the appropriations to which transferred: law; and not to exceed $14,657,000 can be used cruiting; procurement of services, supplies, and Provided further, That upon a determination for emergencies and extraordinary expenses, to equipment; and communications, $1,272,501,000. that all or part of the funds transferred from be expended on the approval or authority of the OPERATION AND MAINTENANCE, MARINE CORPS this appropriation are not necessary for the pur- Secretary of the Navy, and payments may be RESERVE poses provided herein, such amounts may be made on his certificate of necessity for confiden- For expenses, not otherwise provided for, nec- transferred back to this appropriation: Provided tial military purposes, $34,773,497,000. essary for the operation and maintenance, in- further, That the transfer authority provided

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For the Department of the Navy, $285,869,000, vided further, That upon a determination that to remain available until transferred: Provided, PROCUREMENT OF WEAPONS AND TRACKED all or part of the funds transferred from this ap- That the Secretary of the Navy shall, upon de- COMBAT VEHICLES, ARMY propriation are not necessary for the purposes termining that such funds are required for envi- provided herein, such amounts may be trans- For construction, procurement, production, ronmental restoration, reduction and recycling ferred back to this appropriation: Provided fur- and modification of weapons and tracked com- of hazardous waste, removal of unsafe buildings ther, That the transfer authority provided bat vehicles, equipment, including ordnance, and debris of the Department of the Navy, or for under this heading is in addition to any other spare parts, and accessories therefor; specialized similar purposes, transfer the funds made avail- transfer authority provided elsewhere in this equipment and training devices; expansion of able by this appropriation to other appropria- Act. public and private plants, including the land tions made available to the Department of the necessary therefor, for the foregoing purposes, Navy, to be merged with and to be available for OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC and such lands and interests therein, may be ac- the same purposes and for the same time period AID quired, and construction prosecuted thereon as the appropriations to which transferred: Pro- For expenses relating to the Overseas Human- prior to approval of title; and procurement and vided further, That upon a determination that itarian, Disaster, and Civic Aid programs of the installation of equipment, appliances, and ma- all or part of the funds transferred from this ap- Department of Defense (consisting of the pro- chine tools in public and private plants; reserve propriation are not necessary for the purposes grams provided under sections 401, 402, 404, 407, plant and Government and contractor-owned provided herein, such amounts may be trans- 2557, and 2561 of title 10, United States Code), equipment layaway; and other expenses nec- ferred back to this appropriation: Provided fur- $109,869,000, to remain available until September essary for the foregoing purposes, $2,310,007,000, ther, That the transfer authority provided 30, 2011. to remain available for obligation until Sep- under this heading is in addition to any other COOPERATIVE THREAT REDUCTION ACCOUNT tember 30, 2012. transfer authority provided elsewhere in this For assistance to the republics of the former Act. Soviet Union and, with appropriate authoriza- PROCUREMENT OF AMMUNITION, ARMY ENVIRONMENTAL RESTORATION, AIR FORCE tion by the Department of Defense and Depart- For construction, procurement, production, (INCLUDING TRANSFER OF FUNDS) ment of State, to countries outside of the former and modification of ammunition, and acces- For the Department of the Air Force, Soviet Union, including assistance provided by sories therefor; specialized equipment and train- $494,276,000, to remain available until trans- contract or by grants, for facilitating the elimi- ing devices; expansion of public and private ferred: Provided, That the Secretary of the Air nation and the safe and secure transportation plants, including ammunition facilities, author- Force shall, upon determining that such funds and storage of nuclear, chemical and other ized by section 2854 of title 10, United States are required for environmental restoration, re- weapons; for establishing programs to prevent Code, and the land necessary therefor, for the duction and recycling of hazardous waste, re- the proliferation of weapons, weapons compo- foregoing purposes, and such lands and inter- moval of unsafe buildings and debris of the De- nents, and weapon-related technology and ex- ests therein, may be acquired, and construction partment of the Air Force, or for similar pur- pertise; for programs relating to the training prosecuted thereon prior to approval of title; poses, transfer the funds made available by this and support of defense and military personnel and procurement and installation of equipment, appropriation to other appropriations made for demilitarization and protection of weapons, appliances, and machine tools in public and pri- available to the Department of the Air Force, to weapons components and weapons technology vate plants; reserve plant and Government and be merged with and to be available for the same and expertise, and for defense and military con- contractor-owned equipment layaway; and purposes and for the same time period as the ap- tacts, $424,093,000, to remain available until Sep- other expenses necessary for the foregoing pur- propriations to which transferred: Provided fur- tember 30, 2012: Provided, That of the amounts poses, $2,049,995,000, to remain available for ob- ther, That upon a determination that all or part provided under this heading, not less than ligation until September 30, 2012. of the funds transferred from this appropriation $15,000,000 shall be available only to support the OTHER PROCUREMENT, ARMY are not necessary for the purposes provided dismantling and disposal of nuclear submarines, submarine reactor components, and security en- herein, such amounts may be transferred back For construction, procurement, production, hancements for transport and storage of nuclear to this appropriation: Provided further, That and modification of vehicles, including tactical, warheads in the Russian Far East and North. the transfer authority provided under this head- support, and non-tracked combat vehicles; the ing is in addition to any other transfer author- DEPARTMENT OF DEFENSE ACQUISITION purchase of passenger motor vehicles for re- ity provided elsewhere in this Act. WORKFORCE DEVELOPMENT FUND placement only; and the purchase of eight vehi- ENVIRONMENTAL RESTORATION, DEFENSE-WIDE For the Department of Defense Acquisition cles required for physical security of personnel, (INCLUDING TRANSFER OF FUNDS) Workforce Development Fund, $100,000,000. notwithstanding price limitations applicable to passenger vehicles but not to exceed $250,000 per For the Department of Defense, $11,100,000, to TITLE III vehicle; communications and electronic equip- remain available until transferred: Provided, PROCUREMENT ment; other support equipment; spare parts, ord- That the Secretary of Defense shall, upon deter- AIRCRAFT PROCUREMENT, ARMY nance, and accessories therefor; specialized mining that such funds are required for envi- For construction, procurement, production, equipment and training devices; expansion of ronmental restoration, reduction and recycling modification, and modernization of aircraft, public and private plants, including the land of hazardous waste, removal of unsafe buildings equipment, including ordnance, ground han- necessary therefor, for the foregoing purposes, and debris of the Department of Defense, or for dling equipment, spare parts, and accessories and such lands and interests therein, may be ac- similar purposes, transfer the funds made avail- therefor; specialized equipment and training de- quired, and construction prosecuted thereon able by this appropriation to other appropria- vices; expansion of public and private plants, prior to approval of title; and procurement and tions made available to the Department of De- including the land necessary therefor, for the installation of equipment, appliances, and ma- fense, to be merged with and to be available for foregoing purposes, and such lands and inter- chine tools in public and private plants; reserve the same purposes and for the same time period ests therein, may be acquired, and construction plant and Government and contractor-owned as the appropriations to which transferred: Pro- prosecuted thereon prior to approval of title; equipment layaway; and other expenses nec- vided further, That upon a determination that and procurement and installation of equipment, essary for the foregoing purposes, $9,395,444,000, all or part of the funds transferred from this ap- appliances, and machine tools in public and pri- to remain available for obligation until Sep- propriation are not necessary for the purposes vate plants; reserve plant and Government and tember 30, 2012. provided herein, such amounts may be trans- contractor-owned equipment layaway; and ferred back to this appropriation: Provided fur- other expenses necessary for the foregoing pur- AIRCRAFT PROCUREMENT, NAVY ther, That the transfer authority provided poses, $5,244,252,000, to remain available for ob- For construction, procurement, production, under this heading is in addition to any other ligation until September 30, 2012. modification, and modernization of aircraft, transfer authority provided elsewhere in this MISSILE PROCUREMENT, ARMY equipment, including ordnance, spare parts, Act. For construction, procurement, production, and accessories therefor; specialized equipment; ENVIRONMENTAL RESTORATION, FORMERLY USED modification, and modernization of missiles, expansion of public and private plants, includ- DEFENSE SITES equipment, including ordnance, ground han- ing the land necessary therefor, and such lands (INCLUDING TRANSFER OF FUNDS) dling equipment, spare parts, and accessories and interests therein, may be acquired, and con- For the Department of the Army, $307,700,000, therefor; specialized equipment and training de- struction prosecuted thereon prior to approval to remain available until transferred: Provided, vices; expansion of public and private plants, of title; and procurement and installation of That the Secretary of the Army shall, upon de- including the land necessary therefor, for the equipment, appliances, and machine tools in termining that such funds are required for envi- foregoing purposes, and such lands and inter- public and private plants; reserve plant and ronmental restoration, reduction and recycling ests therein, may be acquired, and construction Government and contractor-owned equipment of hazardous waste, removal of unsafe buildings prosecuted thereon prior to approval of title; layaway, $18,079,312,000, to remain available for and debris at sites formerly used by the Depart- and procurement and installation of equipment, obligation until September 30, 2012.

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WEAPONS PROCUREMENT, NAVY OTHER PROCUREMENT, NAVY and procurement and installation of equipment, For construction, procurement, production, For procurement, production, and moderniza- appliances, and machine tools in public and pri- modification, and modernization of missiles, tor- tion of support equipment and materials not vate plants; reserve plant and Government and pedoes, other weapons, and related support otherwise provided for, Navy ordnance (except contractor-owned equipment layaway; and equipment including spare parts, and acces- ordnance for new aircraft, new ships, and ships other expenses necessary for the foregoing pur- sories therefor; expansion of public and private authorized for conversion); the purchase of pas- poses, $815,246,000, to remain available for obli- plants, including the land necessary therefor, senger motor vehicles for replacement only, and gation until September 30, 2012. and such lands and interests therein, may be ac- the purchase of seven vehicles required for OTHER PROCUREMENT, AIR FORCE quired, and construction prosecuted thereon physical security of personnel, notwithstanding For procurement and modification of equip- prior to approval of title; and procurement and price limitations applicable to passenger vehicles ment (including ground guidance and electronic installation of equipment, appliances, and ma- but not to exceed $250,000 per vehicle; expansion control equipment, and ground electronic and chine tools in public and private plants; reserve of public and private plants, including the land communication equipment), and supplies, mate- plant and Government and contractor-owned necessary therefor, and such lands and interests rials, and spare parts therefor, not otherwise equipment layaway, $3,446,419,000, to remain therein, may be acquired, and construction provided for; the purchase of passenger motor available for obligation until September 30, 2012. prosecuted thereon prior to approval of title; vehicles for replacement only, and the purchase PROCUREMENT OF AMMUNITION, NAVY AND and procurement and installation of equipment, of two vehicles required for physical security of MARINE CORPS appliances, and machine tools in public and pri- personnel, notwithstanding price limitations ap- For construction, procurement, production, vate plants; reserve plant and Government and plicable to passenger vehicles but not to exceed and modification of ammunition, and acces- contractor-owned equipment layaway, $250,000 per vehicle; lease of passenger motor ve- sories therefor; specialized equipment and train- $5,499,413,000, to remain available for obligation hicles; and expansion of public and private ing devices; expansion of public and private until September 30, 2012. plants, Government-owned equipment and in- plants, including ammunition facilities, author- PROCUREMENT, MARINE CORPS stallation thereof in such plants, erection of ized by section 2854 of title 10, United States For expenses necessary for the procurement, structures, and acquisition of land, for the fore- Code, and the land necessary therefor, for the manufacture, and modification of missiles, ar- going purposes, and such lands and interests foregoing purposes, and such lands and inter- mament, military equipment, spare parts, and therein, may be acquired, and construction ests therein, may be acquired, and construction accessories therefor; plant equipment, appli- prosecuted thereon, prior to approval of title; re- prosecuted thereon prior to approval of title; ances, and machine tools, and installation serve plant and Government and contractor- and procurement and installation of equipment, thereof in public and private plants; reserve owned equipment layaway, $17,283,800,000, to appliances, and machine tools in public and pri- plant and Government and contractor-owned remain available for obligation until September vate plants; reserve plant and Government and equipment layaway; vehicles for the Marine 30, 2012. contractor-owned equipment layaway; and Corps, including the purchase of passenger PROCUREMENT, DEFENSE-WIDE other expenses necessary for the foregoing pur- motor vehicles for replacement only; and expan- For expenses of activities and agencies of the poses, $814,015,000, to remain available for obli- sion of public and private plants, including land Department of Defense (other than the military gation until September 30, 2012. necessary therefor, and such lands and interests departments) necessary for procurement, pro- SHIPBUILDING AND CONVERSION, NAVY therein, may be acquired, and construction duction, and modification of equipment, sup- For expenses necessary for the construction, prosecuted thereon prior to approval of title, plies, materials, and spare parts therefor, not acquisition, or conversion of vessels as author- $1,550,080,000, to remain available for obligation otherwise provided for; the purchase of pas- ized by law, including armor and armament until September 30, 2012. senger motor vehicles for replacement only; ex- thereof, plant equipment, appliances, and ma- AIRCRAFT PROCUREMENT, AIR FORCE pansion of public and private plants, equip- chine tools and installation thereof in public For construction, procurement, and modifica- ment, and installation thereof in such plants, and private plants; reserve plant and Govern- tion of aircraft and equipment, including armor erection of structures, and acquisition of land ment and contractor-owned equipment layaway; and armament, specialized ground handling for the foregoing purposes, and such lands and procurement of critical, long lead time compo- equipment, and training devices, spare parts, interests therein, may be acquired, and con- nents and designs for vessels to be constructed and accessories therefor; specialized equipment; struction prosecuted thereon prior to approval or converted in the future; and expansion of expansion of public and private plants, Govern- of title; reserve plant and Government and con- public and private plants, including land nec- ment-owned equipment and installation thereof tractor-owned equipment layaway, essary therefor, and such lands and interests in such plants, erection of structures, and ac- $4,017,697,000, to remain available for obligation therein, may be acquired, and construction quisition of land, for the foregoing purposes, until September 30, 2012. prosecuted thereon prior to approval of title, as and such lands and interests therein, may be ac- NATIONAL GUARD AND RESERVE EQUIPMENT follows: quired, and construction prosecuted thereon For procurement of aircraft, missiles, tracked Carrier Replacement Program, $739,269,000; prior to approval of title; reserve plant and Gov- combat vehicles, ammunition, other weapons, Carrier Replacement Program (AP), ernment and contractor-owned equipment lay- and other procurement for the reserve compo- $484,432,000; away; and other expenses necessary for the nents of the Armed Forces, $1,500,000,000, to re- NSSN, $1,964,317,000; foregoing purposes including rents and trans- main available for obligation until September 30, NSSN (AP), $1,959,725,000; portation of things, $13,148,720,000, to remain CVN Refueling, $1,563,602,000; 2012: Provided, That the Chiefs of the Reserve available for obligation until September 30, 2012. CVN Refuelings (AP), $211,820,000; and National Guard components shall, not later DDG–1000 Program, $1,393,797,000; MISSILE PROCUREMENT, AIR FORCE than 30 days after the enactment of this Act, in- DDG–51 Destroyer, $3,650,000,000; For construction, procurement, and modifica- dividually submit to the congressional defense DDG–51 Destroyer (AP), $328,996,000; tion of missiles, spacecraft, rockets, and related committees the modernization priority assess- Littoral Combat Ship, $1,080,000,000; equipment, including spare parts and acces- ment for their respective Reserve or National LPD–17, $872,392,000; sories therefor, ground handling equipment, and Guard component. LPD–17 (AP), $184,555,000; training devices; expansion of public and pri- DEFENSE PRODUCTION ACT PURCHASES LHA–R (AP), $170,000,000; vate plants, Government-owned equipment and For activities by the Department of Defense Intratheater Connector, $177,956,000; installation thereof in such plants, erection of pursuant to sections 108, 301, 302, and 303 of the LCAC Service Life Extension Program, structures, and acquisition of land, for the fore- Defense Production Act of 1950 (50 U.S.C. App. $63,857,000; going purposes, and such lands and interests 2078, 2091, 2092, and 2093), $149,746,000, to re- Prior year shipbuilding costs, $144,950,000; therein, may be acquired, and construction main available until expended. Service Craft, $3,694,000; and prosecuted thereon prior to approval of title; re- For outfitting, post delivery, conversions, and TITLE IV serve plant and Government and contractor- first destination transportation, $391,238,000. RESEARCH, DEVELOPMENT, TEST AND owned equipment layaway; and other expenses In all: $15,384,600,000, to remain available for EVALUATION necessary for the foregoing purposes including obligation until September 30, 2014: Provided, rents and transportation of things, RESEARCH, DEVELOPMENT, TEST AND That additional obligations may be incurred $6,070,344,000, to remain available for obligation EVALUATION, ARMY after September 30, 2014, for engineering serv- until September 30, 2012. For expenses necessary for basic and applied ices, tests, evaluations, and other such budgeted scientific research, development, test and eval- work that must be performed in the final stage PROCUREMENT OF AMMUNITION, AIR FORCE uation, including maintenance, rehabilitation, of ship construction: Provided further, That For construction, procurement, production, lease, and operation of facilities and equipment, none of the funds provided under this heading and modification of ammunition, and acces- $10,653,126,000, to remain available for obliga- for the construction or conversion of any naval sories therefor; specialized equipment and train- tion until September 30, 2011. vessel to be constructed in shipyards in the ing devices; expansion of public and private United States shall be expended in foreign fa- plants, including ammunition facilities, author- RESEARCH, DEVELOPMENT, TEST AND cilities for the construction of major components ized by section 2854 of title 10, United States EVALUATION, NAVY of such vessel: Provided further, That none of Code, and the land necessary therefor, for the For expenses necessary for basic and applied the funds provided under this heading shall be foregoing purposes, and such lands and inter- scientific research, development, test and eval- used for the construction of any naval vessel in ests therein, may be acquired, and construction uation, including maintenance, rehabilitation, foreign shipyards. prosecuted thereon prior to approval of title; lease, and operation of facilities and equipment,

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10232 CONGRESSIONAL RECORD — SENATE October 7, 2009 $19,148,509,000, to remain available for obliga- TITLE VI TITLE VII tion until September 30, 2011: Provided, That OTHER DEPARTMENT OF DEFENSE RELATED AGENCIES funds appropriated in this paragraph which are PROGRAMS CENTRAL INTELLIGENCE AGENCY RETIREMENT available for the V–22 may be used to meet DEFENSE HEALTH PROGRAM AND DISABILITY SYSTEM FUND unique operational requirements of the Special Operations Forces: Provided further, That funds For expenses, not otherwise provided for, for For payment to the Central Intelligence Agen- appropriated in this paragraph shall be avail- medical and health care programs of the De- cy Retirement and Disability System Fund, to able for the Cobra Judy program. partment of Defense as authorized by law, maintain the proper funding level for con- $28,311,113,000; of which $26,990,219,000 shall be tinuing the operation of the Central Intelligence RESEARCH, DEVELOPMENT, TEST AND for operation and maintenance, of which not to Agency Retirement and Disability System, EVALUATION, AIR FORCE exceed one percent shall remain available until $290,900,000. For expenses necessary for basic and applied September 30, 2011, and of which up to INTELLIGENCE COMMUNITY MANAGEMENT scientific research, development, test and eval- $15,093,539,000 may be available for contracts ACCOUNT entered into under the TRICARE program; of uation, including maintenance, rehabilitation, For necessary expenses of the Intelligence which $322,142,000, to remain available for obli- lease, and operation of facilities and equipment, Community Management Account, $750,812,000. $28,049,015,000, to remain available for obliga- gation until September 30, 2012, shall be for pro- tion until September 30, 2011. curement; and of which $998,752,000, to remain TITLE VIII available for obligation until September 30, 2011, GENERAL PROVISIONS RESEARCH, DEVELOPMENT, TEST AND shall be for research, development, test and EVALUATION, DEFENSE-WIDE SEC. 8001. No part of any appropriation con- evaluation. tained in this Act shall be used for publicity or For expenses of activities and agencies of the CHEMICAL AGENTS AND MUNITIONS propaganda purposes not authorized by the Department of Defense (other than the military DESTRUCTION, DEFENSE Congress. departments), necessary for basic and applied SEC. 8002. During the current fiscal year, pro- scientific research, development, test and eval- For expenses, not otherwise provided for, nec- essary for the destruction of the United States visions of law prohibiting the payment of com- uation; advanced research projects as may be pensation to, or employment of, any person not designated and determined by the Secretary of stockpile of lethal chemical agents and muni- tions, to include construction of facilities, in ac- a citizen of the United States shall not apply to Defense, pursuant to law; maintenance, reha- personnel of the Department of Defense: Pro- bilitation, lease, and operation of facilities and cordance with the provisions of section 1412 of the Department of Defense Authorization Act, vided, That salary increases granted to direct equipment, $20,408,968,000, to remain available and indirect hire foreign national employees of for obligation until September 30, 2011, of which 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare materials that are not in the Department of Defense funded by this Act $2,500,000 shall be available only for the Missile shall not be at a rate in excess of the percentage Defense Agency to construct a replacement Pa- the chemical weapon stockpile, $1,539,869,000, of which $1,125,911,000 shall be for operation and increase authorized by law for civilian employ- triot launcher pad for the Japanese Ministry of ees of the Department of Defense whose pay is Defense. maintenance, of which no less than $84,839,000, shall be for the Chemical Stockpile Emergency computed under the provisions of section 5332 of OPERATIONAL TEST AND EVALUATION, DEFENSE Preparedness Program, consisting of $34,905,000 title 5, United States Code, or at a rate in excess For expenses, not otherwise provided for, nec- for activities on military installations and of the percentage increase provided by the ap- essary for the independent activities of the Di- $49,934,000, to remain available until September propriate host nation to its own employees, rector, Operational Test and Evaluation, in the 30, 2011, to assist State and local governments; whichever is higher: Provided further, That this direction and supervision of operational test $12,689,000 shall be for procurement, to remain section shall not apply to Department of De- and evaluation, including initial operational available until September 30, 2012, of which no fense foreign service national employees serving test and evaluation which is conducted prior to, less than $12,689,000 shall be for the Chemical at United States diplomatic missions whose pay and in support of, production decisions; joint Stockpile Emergency Preparedness Program to is set by the Department of State under the For- operational testing and evaluation; and admin- assist State and local governments; and eign Service Act of 1980: Provided further, That istrative expenses in connection therewith, $401,269,000, to remain available until September the limitations of this provision shall not apply $190,770,000, to remain available for obligation 30, 2011, shall be for research, development, test to foreign national employees of the Department until September 30, 2011. and evaluation, of which $398,669,000 shall only of Defense in the Republic of Turkey. SEC. 8003. No part of any appropriation con- TITLE V be for the Assembled Chemical Weapons Alter- natives (ACWA) program. tained in this Act shall remain available for ob- REVOLVING AND MANAGEMENT FUNDS ligation beyond the current fiscal year, unless RUG INTERDICTION AND COUNTER-DRUG D expressly so provided herein. DEFENSE WORKING CAPITAL FUNDS ACTIVITIES, DEFENSE SEC. 8004. No more than 20 percent of the ap- For the Defense Working Capital Funds, (INCLUDING TRANSFER OF FUNDS) propriations in this Act which are limited for $1,455,004,000. For drug interdiction and counter-drug activi- obligation during the current fiscal year shall be NATIONAL DEFENSE SEALIFT FUND ties of the Department of Defense, for transfer obligated during the last 2 months of the fiscal to appropriations available to the Department of year: Provided, That this section shall not apply For National Defense Sealift Fund programs, Defense for military personnel of the reserve to obligations for support of active duty training projects, and activities, and for expenses of the components serving under the provisions of title of reserve components or summer camp training National Defense Reserve Fleet, as established 10 and title 32, United States Code; for operation of the Reserve Officers’ Training Corps. by section 11 of the Merchant Ship Sales Act of and maintenance; for procurement; and for re- 1946 (50 U.S.C. App. 1744), and for the necessary (TRANSFER OF FUNDS) search, development, test and evaluation, expenses to maintain and preserve a U.S.-flag SEC. 8005. Upon determination by the Sec- $1,103,086,000: Provided, That the funds appro- merchant fleet to serve the national security retary of Defense that such action is necessary priated under this heading shall be available for needs of the United States, $1,242,758,000, to re- in the national interest, he may, with the ap- obligation for the same time period and for the main available until expended: Provided, That proval of the Office of Management and Budget, same purpose as the appropriation to which none of the funds provided in this paragraph transfer not to exceed $4,000,000,000 of working transferred: Provided further, That upon a de- shall be used to award a new contract that pro- capital funds of the Department of Defense or termination that all or part of the funds trans- vides for the acquisition of any of the following funds made available in this Act to the Depart- ferred from this appropriation are not necessary major components unless such components are ment of Defense for military functions (except for the purposes provided herein, such amounts manufactured in the United States: auxiliary military construction) between such appropria- may be transferred back to this appropriation: equipment, including pumps, for all shipboard tions or funds or any subdivision thereof, to be Provided further, That the transfer authority services; propulsion system components (en- merged with and to be available for the same provided under this heading is in addition to gines, reduction gears, and propellers); ship- purposes, and for the same time period, as the any other transfer authority contained else- board cranes; and spreaders for shipboard appropriation or fund to which transferred: where in this Act. cranes: Provided further, That the exercise of Provided, That such authority to transfer may an option in a contract awarded through the OFFICE OF THE INSPECTOR GENERAL not be used unless for higher priority items, obligation of previously appropriated funds For expenses and activities of the Office of the based on unforeseen military requirements, than shall not be considered to be the award of a new Inspector General in carrying out the provisions those for which originally appropriated and in contract: Provided further, That the Secretary of the Inspector General Act of 1978, as amend- no case where the item for which funds are re- of the military department responsible for such ed, $288,100,000, of which $287,100,000 shall be quested has been denied by the Congress: Pro- procurement may waive the restrictions in the for operation and maintenance, of which not to vided further, That the Secretary of Defense first proviso on a case-by-case basis by certi- exceed $700,000 is available for emergencies and shall notify the Congress promptly of all trans- fying in writing to the Committees on Appro- extraordinary expenses to be expended on the fers made pursuant to this authority or any priations of the House of Representatives and approval or authority of the Inspector General, other authority in this Act: Provided further, the Senate that adequate domestic supplies are and payments may be made on the Inspector That no part of the funds in this Act shall be not available to meet Department of Defense re- General’s certificate of necessity for confidential available to prepare or present a request to the quirements on a timely basis and that such an military purposes; and of which $1,000,000, to re- Committees on Appropriations for reprogram- acquisition must be made in order to acquire ca- main available until September 30, 2012, shall be ming of funds, unless for higher priority items, pability for national security purposes. for procurement. based on unforeseen military requirements, than

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10233 those for which originally appropriated and in funded contingent liability in excess of strength, and the management of such per- no case where the item for which reprogramming $20,000,000; or (2) a contract for advance pro- sonnel during that fiscal year shall not be sub- is requested has been denied by the Congress: curement leading to a multiyear contract that ject to any constraint or limitation (known as Provided further, That a request for multiple employs economic order quantity procurement in an end-strength) on the number of such per- reprogrammings of funds using authority pro- excess of $20,000,000 in any one year, unless the sonnel who may be employed on the last day of vided in this section must be made prior to June congressional defense committees have been no- such fiscal year. 30, 2010: Provided further, That transfers among tified at least 30 days in advance of the pro- (b) The fiscal year 2011 budget request for the military personnel appropriations shall not be posed contract award: Provided, That no part of Department of Defense as well as all justifica- taken into account for purposes of the limitation any appropriation contained in this Act shall be tion material and other documentation sup- on the amount of funds that may be transferred available to initiate a multiyear contract for porting the fiscal year 2011 Department of De- under this section: Provided further, That no which the economic order quantity advance pro- fense budget request shall be prepared and sub- obligation of funds may be made pursuant to curement is not funded at least to the limits of mitted to the Congress as if subsections (a) and section 1206 of Public Law 109–163 (or any suc- the Government’s liability: Provided further, (b) of this provision were effective with regard cessor provision) unless the Secretary of Defense That no part of any appropriation contained in to fiscal year 2011. has notified the congressional defense commit- this Act shall be available to initiate multiyear (c) Nothing in this section shall be construed tees prior to any such obligation. procurement contracts for any systems or com- to apply to military (civilian) technicians. SEC. 8006. (a) Not later than 60 days after en- ponent thereof if the value of the multiyear con- SEC. 8013. None of the funds made available actment of this Act, the Department of Defense tract would exceed $500,000,000 unless specifi- by this Act shall be used in any way, directly or shall submit a report to the congressional de- cally provided in this Act: Provided further, indirectly, to influence congressional action on fense committees to establish the baseline for ap- That no multiyear procurement contract can be any legislation or appropriation matters pend- plication of reprogramming and transfer au- terminated without 10-day prior notification to ing before the Congress. thorities for fiscal year 2010: Provided, That the the congressional defense committees: Provided SEC. 8014. None of the funds appropriated by report shall include— further, That the execution of multiyear author- this Act shall be available for the basic pay and (1) a table for each appropriation with a sepa- ity shall require the use of a present value anal- allowances of any member of the Army partici- rate column to display the President’s budget re- ysis to determine lowest cost compared to an an- pating as a full-time student and receiving bene- quest, adjustments made by Congress, adjust- nual procurement: Provided further, That none fits paid by the Secretary of Veterans Affairs ments due to enacted rescissions, if appropriate, of the funds provided in this Act may be used from the Department of Defense Education Ben- and the fiscal year enacted level; for a multiyear contract executed after the date efits Fund when time spent as a full-time stu- (2) a delineation in the table for each appro- of the enactment of this Act unless in the case dent is credited toward completion of a service priation both by budget activity and program, of any such contract— commitment: Provided, That this section shall project, and activity as detailed in the Budget (1) the Secretary of Defense has submitted to not apply to those members who have reenlisted Appendix; and Congress a budget request for full funding of with this option prior to October 1, 1987: Pro- (3) an identification of items of special con- units to be procured through the contract and, vided further, That this section applies only to gressional interest. in the case of a contract for procurement of air- active components of the Army. (b) Notwithstanding section 8005 of this Act, craft, that includes, for any aircraft unit to be SEC. 8015. (a) None of the funds appropriated none of the funds provided in this Act shall be procured through the contract for which pro- by this Act shall be available to convert to con- available for reprogramming or transfer until curement funds are requested in that budget re- tractor performance an activity or function of the report identified in subsection (a) is sub- quest for production beyond advance procure- the Department of Defense that, on or after the mitted to the congressional defense committees, ment activities in the fiscal year covered by the date of the enactment of this Act, is performed unless the Secretary of Defense certifies in writ- budget, full funding of procurement of such unit by more than 10 Department of Defense civilian ing to the congressional defense committees that in that fiscal year; employees unless— such reprogramming or transfer is necessary as (2) cancellation provisions in the contract do (1) the conversion is based on the result of a an emergency requirement. not include consideration of recurring manufac- public-private competition that includes a most SEC. 8007. The Secretaries of the Air Force and turing costs of the contractor associated with efficient and cost effective organization plan de- the Army are authorized, using funds available the production of unfunded units to be delivered veloped by such activity or function; under the headings ‘‘Operation and Mainte- under the contract; (2) the Competitive Sourcing Official deter- nance, Air Force’’ and ‘‘Operation and Mainte- (3) the contract provides that payments to the mines that, over all performance periods stated nance, Army’’, to complete facility conversions contractor under the contract shall not be made in the solicitation of offers for performance of and phased repair projects which may include in advance of incurred costs on funded units; the activity or function, the cost of performance upgrades and additions to Alaskan range infra- and of the activity or function by a contractor would structure and training areas, and improved ac- (4) the contract does not provide for a price be less costly to the Department of Defense by cess to these ranges. adjustment based on a failure to award a fol- an amount that equals or exceeds the lesser of— low-on contract. (A) 10 percent of the most efficient organiza- (TRANSFER OF FUNDS) SEC. 8011. Within the funds appropriated for tion’s personnel-related costs for performance of SEC. 8008. During the current fiscal year, cash the operation and maintenance of the Armed that activity or function by Federal employees; balances in working capital funds of the De- Forces, funds are hereby appropriated pursuant or partment of Defense established pursuant to sec- to section 401 of title 10, United States Code, for (B) $10,000,000; and tion 2208 of title 10, United States Code, may be humanitarian and civic assistance costs under (3) the contractor does not receive an advan- maintained in only such amounts as are nec- chapter 20 of title 10, United States Code. Such tage for a proposal that would reduce costs for essary at any time for cash disbursements to be funds may also be obligated for humanitarian the Department of Defense by— made from such funds: Provided, That transfers and civic assistance costs incidental to author- (A) not making an employer-sponsored health may be made between such funds: Provided fur- ized operations and pursuant to authority insurance plan available to the workers who are ther, That transfers may be made between work- granted in section 401 of chapter 20 of title 10, to be employed in the performance of that activ- ing capital funds and the ‘‘Foreign Currency United States Code, and these obligations shall ity or function under the contract; or Fluctuations, Defense’’ appropriation and the be reported as required by section 401(d) of title (B) offering to such workers an employer- ‘‘Operation and Maintenance’’ appropriation 10, United States Code: Provided, That funds sponsored health benefits plan that requires the accounts in such amounts as may be determined available for operation and maintenance shall employer to contribute less towards the premium by the Secretary of Defense, with the approval be available for providing humanitarian and or subscription share than the amount that is of the Office of Management and Budget, except similar assistance by using Civic Action Teams paid by the Department of Defense for health that such transfers may not be made unless the in the Trust Territories of the Pacific Islands benefits for civilian employees under chapter 89 Secretary of Defense has notified the Congress and freely associated states of Micronesia, pur- of title 5, United States Code. of the proposed transfer. Except in amounts suant to the Compact of Free Association as au- (b)(1) The Department of Defense, without re- equal to the amounts appropriated to working thorized by Public Law 99–239: Provided fur- gard to subsection (a) of this section or sub- capital funds in this Act, no obligations may be ther, That upon a determination by the Sec- section (a), (b), or (c) of section 2461 of title 10, made against a working capital fund to procure retary of the Army that such action is beneficial United States Code, and notwithstanding any or increase the value of war reserve material in- for graduate medical education programs con- administrative regulation, requirement, or policy ventory, unless the Secretary of Defense has no- ducted at Army medical facilities located in Ha- to the contrary shall have full authority to tified the Congress prior to any such obligation. waii, the Secretary of the Army may authorize enter into a contract for the performance of any SEC. 8009. Funds appropriated by this Act the provision of medical services at such facili- commercial or industrial type function of the may not be used to initiate a special access pro- ties and transportation to such facilities, on a Department of Defense that— gram without prior notification 30 calendar nonreimbursable basis, for civilian patients from (A) is included on the procurement list estab- days in advance to the congressional defense American Samoa, the Commonwealth of the lished pursuant to section 2 of the Javits-Wag- committees. Northern Mariana Islands, the Marshall Is- ner-O’Day Act (41 U.S.C. 47); SEC. 8010. None of the funds provided in this lands, the Federated States of Micronesia, (B) is planned to be converted to performance Act shall be available to initiate: (1) a multiyear Palau, and Guam. by a qualified nonprofit agency for the blind or contract that employs economic order quantity SEC. 8012. (a) During fiscal year 2010, the ci- by a qualified nonprofit agency for other se- procurement in excess of $20,000,000 in any one vilian personnel of the Department of Defense verely handicapped individuals in accordance year of the contract or that includes an un- may not be managed on the basis of any end- with that Act; or

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10234 CONGRESSIONAL RECORD — SENATE October 7, 2009 (C) is planned to be converted to performance contract award to any subcontractor or supplier travel expenses and per diem as authorized by a qualified firm under at least 51 percent as defined in section 1544 of title 25, United under the Federal Joint Travel Regulations, ownership by an Indian tribe, as defined in sec- States Code, or a small business owned and con- when engaged in the performance of member- tion 4(e) of the Indian Self-Determination and trolled by an individual or individuals defined ship duties. Education Assistance Act (25 U.S.C. 450b(e)), or under section 4221(9) of title 25, United States (c) Notwithstanding any other provision of a Native Hawaiian Organization, as defined in Code, shall be considered a contractor for the law, none of the funds available to the depart- section 8(a)(15) of the Small Business Act (15 purposes of being allowed additional compensa- ment from any source during fiscal year 2010 U.S.C. 637(a)(15)). tion under section 504 of the Indian Financing may be used by a defense FFRDC, through a fee (2) This section shall not apply to depot con- Act of 1974 (25 U.S.C. 1544) whenever the prime or other payment mechanism, for construction tracts or contracts for depot maintenance as contract or subcontract amount is over $500,000 of new buildings, for payment of cost sharing provided in sections 2469 and 2474 of title 10, and involves the expenditure of funds appro- for projects funded by Government grants, for United States Code. priated by an Act making Appropriations for the absorption of contract overruns, or for certain (c) The conversion of any activity or function Department of Defense with respect to any fis- charitable contributions, not to include em- of the Department of Defense under the author- cal year: Provided further, That notwith- ployee participation in community service and/ ity provided by this section shall be credited to- standing section 430 of title 41, United States or development. ward any competitive or outsourcing goal, tar- Code, this section shall be applicable to any De- (d) Notwithstanding any other provision of get, or measurement that may be established by partment of Defense acquisition of supplies or law, of the funds available to the department statute, regulation, or policy and is deemed to services, including any contract and any sub- during fiscal year 2010, not more than 5,600 staff be awarded under the authority of, and in com- contract at any tier for acquisition of commer- years of technical effort (staff years) may be pliance with, subsection (h) of section 2304 of cial items produced or manufactured, in whole funded for defense FFRDCs: Provided, That of title 10, United States Code, for the competition or in part by any subcontractor or supplier de- the specific amount referred to previously in this or outsourcing of commercial activities. fined in section 1544 of title 25, United States subsection, not more than 1,100 staff years may be funded for the defense studies and analysis (TRANSFER OF FUNDS) Code, or a small business owned and controlled by an individual or individuals defined under FFRDCs: Provided further, That this subsection SEC. 8016. Funds appropriated in title III of shall not apply to staff years funded in the Na- this Act for the Department of Defense Pilot section 4221(9) of title 25, United States Code. SEC. 8021. Funds appropriated by this Act for tional Intelligence Program (NIP) and the Mili- Mentor-Protege Program may be transferred to tary Intelligence Program (MIP). any other appropriation contained in this Act the Defense Media Activity shall not be used for any national or international political or psy- (e) The Secretary of Defense shall, with the solely for the purpose of implementing a Men- submission of the department’s fiscal year 2011 tor-Protege Program developmental assistance chological activities. SEC. 8022. None of the funds appropriated by budget request, submit a report presenting the agreement pursuant to section 831 of the Na- this Act shall be available to perform any cost specific amounts of staff years of technical ef- tional Defense Authorization Act for Fiscal study pursuant to the provisions of OMB Cir- fort to be allocated for each defense FFRDC Year 1991 (Public Law 101–510; 10 U.S.C. 2302 cular A–76 if the study being performed exceeds during that fiscal year and the associated budg- note), as amended, under the authority of this a period of 24 months after initiation of such et estimates. provision or any other transfer authority con- study with respect to a single function activity (f) Notwithstanding any other provision of tained in this Act. or 30 months after initiation of such study for a this Act, the total amount appropriated in this SEC. 8017. None of the funds in this Act may multi-function activity. Act for FFRDCs is hereby reduced by be available for the purchase by the Department SEC. 8023. During the current fiscal year, the $120,200,000. of Defense (and its departments and agencies) of Department of Defense is authorized to incur SEC. 8026. None of the funds appropriated or welded shipboard anchor and mooring chain 4 obligations of not to exceed $350,000,000 for pur- made available in this Act shall be used to pro- inches in diameter and under unless the anchor poses specified in section 2350j(c) of title 10, cure carbon, alloy or armor steel plate for use in and mooring chain are manufactured in the United States Code, in anticipation of receipt of any Government-owned facility or property United States from components which are sub- contributions, only from the Government of Ku- under the control of the Department of Defense stantially manufactured in the United States: wait, under that section: Provided, That upon which were not melted and rolled in the United Provided, That for the purpose of this section receipt, such contributions from the Government States or Canada: Provided, That these procure- manufactured will include cutting, heat treat- of Kuwait shall be credited to the appropria- ment restrictions shall apply to any and all Fed- ing, quality control, testing of chain and weld- tions or fund which incurred such obligations. eral Supply Class 9515, American Society of ing (including the forging and shot blasting SEC. 8024. (a) Of the funds made available in Testing and Materials (ASTM) or American Iron process): Provided further, That for the purpose this Act, not less than $25,756,000 shall be avail- and Steel Institute (AISI) specifications of car- of this section substantially all of the compo- able for the Civil Air Patrol Corporation, of bon, alloy or armor steel plate: Provided further, nents of anchor and mooring chain shall be con- which— That the Secretary of the military department sidered to be produced or manufactured in the (1) $22,433,000 shall be available from ‘‘Oper- responsible for the procurement may waive this United States if the aggregate cost of the compo- ation and Maintenance, Air Force’’ to support restriction on a case-by-case basis by certifying nents produced or manufactured in the United Civil Air Patrol Corporation operation and in writing to the Committees on Appropriations States exceeds the aggregate cost of the compo- maintenance, readiness, counterdrug activities, of the House of Representatives and the Senate nents produced or manufactured outside the and drug demand reduction activities involving that adequate domestic supplies are not avail- United States: Provided further, That when youth programs; able to meet Department of Defense require- adequate domestic supplies are not available to (2) $2,426,000 shall be available from ‘‘Aircraft ments on a timely basis and that such an acqui- meet Department of Defense requirements on a Procurement, Air Force’’; and sition must be made in order to acquire capa- timely basis, the Secretary of the service respon- (3) $897,000 shall be available from ‘‘Other bility for national security purposes: Provided sible for the procurement may waive this restric- Procurement, Air Force’’ for vehicle procure- further, That these restrictions shall not apply tion on a case-by-case basis by certifying in ment. to contracts which are in being as of the date of writing to the Committees on Appropriations (b) The Secretary of the Air Force should the enactment of this Act. that such an acquisition must be made in order waive reimbursement for any funds used by the SEC. 8027. For the purposes of this Act, the to acquire capability for national security pur- Civil Air Patrol for counter-drug activities in term ‘‘congressional defense committees’’ means poses. support of Federal, State, and local government the Armed Services Committee of the House of SEC. 8018. None of the funds available to the agencies. Representatives, the Armed Services Committee Department of Defense may be used to demili- SEC. 8025. (a) None of the funds appropriated of the Senate, the Subcommittee on Defense of tarize or dispose of M–1 Carbines, M–1 Garand in this Act are available to establish a new De- the Committee on Appropriations of the Senate, rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- partment of Defense (department) federally and the Subcommittee on Defense of the Com- fles, or M–1911 pistols. funded research and development center mittee on Appropriations of the House of Rep- SEC. 8019. No more than $500,000 of the funds (FFRDC), either as a new entity, or as a sepa- resentatives. appropriated or made available in this Act shall rate entity administrated by an organization SEC. 8028. During the current fiscal year, the be used during a single fiscal year for any single managing another FFRDC, or as a nonprofit Department of Defense may acquire the modi- relocation of an organization, unit, activity or membership corporation consisting of a consor- fication, depot maintenance and repair of air- function of the Department of Defense into or tium of other FFRDCs and other nonprofit enti- craft, vehicles and vessels as well as the produc- within the National Capital Region: Provided, ties. tion of components and other Defense-related That the Secretary of Defense may waive this (b) No member of a Board of Directors, Trust- articles, through competition between Depart- restriction on a case-by-case basis by certifying ees, Overseers, Advisory Group, Special Issues ment of Defense depot maintenance activities in writing to the congressional defense commit- Panel, Visiting Committee, or any similar entity and private firms: Provided, That the Senior Ac- tees that such a relocation is required in the of a defense FFRDC, and no paid consultant to quisition Executive of the military department best interest of the Government. any defense FFRDC, except when acting in a or Defense Agency concerned, with power of SEC. 8020. In addition to the funds provided technical advisory capacity, may be com- delegation, shall certify that successful bids in- elsewhere in this Act, $15,000,000 is appropriated pensated for his or her services as a member of clude comparable estimates of all direct and in- only for incentive payments authorized by sec- such entity, or as a paid consultant by more direct costs for both public and private bids: tion 504 of the Indian Financing Act of 1974 (25 than one FFRDC in a fiscal year: Provided, Provided further, That Office of Management U.S.C. 1544): Provided, That a prime contractor That a member of any such entity referred to and Budget Circular A–76 shall not apply to or a subcontractor at any tier that makes a sub- previously in this subsection shall be allowed competitions conducted under this section.

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SEC. 8029. (a)(1) If the Secretary of Defense, fiscal year to customers of the Department of cost-competitive, quality-competitive, and avail- after consultation with the United States Trade Defense Working Capital Funds if such an item able in a timely fashion. Representative, determines that a foreign coun- would not have been chargeable to the Depart- SEC. 8038. None of the funds appropriated by try which is party to an agreement described in ment of Defense Business Operations Fund dur- this Act shall be available for a contract for paragraph (2) has violated the terms of the ing fiscal year 1994 and if the purchase of such studies, analysis, or consulting services entered agreement by discriminating against certain an investment item would be chargeable during into without competition on the basis of an un- types of products produced in the United States the current fiscal year to appropriations made solicited proposal unless the head of the activity that are covered by the agreement, the Secretary to the Department of Defense for procurement. responsible for the procurement determines— of Defense shall rescind the Secretary’s blanket (b) The fiscal year 2011 budget request for the (1) as a result of thorough technical evalua- waiver of the Buy American Act with respect to Department of Defense as well as all justifica- tion, only one source is found fully qualified to such types of products produced in that foreign tion material and other documentation sup- perform the proposed work; country. porting the fiscal year 2011 Department of De- (2) the purpose of the contract is to explore an (2) An agreement referred to in paragraph (1) fense budget shall be prepared and submitted to unsolicited proposal which offers significant sci- is any reciprocal defense procurement memo- the Congress on the basis that any equipment entific or technological promise, represents the randum of understanding, between the United which was classified as an end item and funded product of original thinking, and was submitted States and a foreign country pursuant to which in a procurement appropriation contained in in confidence by one source; or the Secretary of Defense has prospectively this Act shall be budgeted for in a proposed fis- (3) the purpose of the contract is to take ad- waived the Buy American Act for certain prod- cal year 2011 procurement appropriation and vantage of unique and significant industrial ac- ucts in that country. not in the supply management business area or complishment by a specific concern, or to insure (b) The Secretary of Defense shall submit to any other area or category of the Department of that a new product or idea of a specific concern the Congress a report on the amount of Depart- Defense Working Capital Funds. is given financial support: Provided, That this ment of Defense purchases from foreign entities SEC. 8034. None of the funds appropriated by limitation shall not apply to contracts in an in fiscal year 2010. Such report shall separately this Act for programs of the Central Intelligence amount of less than $25,000, contracts related to indicate the dollar value of items for which the Agency shall remain available for obligation be- improvements of equipment that is in develop- Buy American Act was waived pursuant to any yond the current fiscal year, except for funds ment or production, or contracts as to which a agreement described in subsection (a)(2), the appropriated for the Reserve for Contingencies, civilian official of the Department of Defense, Trade Agreement Act of 1979 (19 U.S.C. 2501 et which shall remain available until September 30, who has been confirmed by the Senate, deter- seq.), or any international agreement to which 2011: Provided, That funds appropriated, trans- mines that the award of such contract is in the the United States is a party. ferred, or otherwise credited to the Central In- interest of the national defense. (c) For purposes of this section, the term ‘‘Buy telligence Agency Central Services Working SEC. 8039. (a) Except as provided in sub- American Act’’ means title III of the Act entitled Capital Fund during this or any prior or subse- sections (b) and (c), none of the funds made ‘‘An Act making appropriations for the Treas- quent fiscal year shall remain available until ex- available by this Act may be used— ury and Post Office Departments for the fiscal pended: Provided further, That any funds ap- (1) to establish a field operating agency; or year ending June 30, 1934, and for other pur- propriated or transferred to the Central Intel- (2) to pay the basic pay of a member of the poses’’, approved March 3, 1933 (41 U.S.C. 10a et ligence Agency for advanced research and de- Armed Forces or civilian employee of the depart- seq.). velopment acquisition, for agent operations, and ment who is transferred or reassigned from a SEC. 8030. During the current fiscal year, for covert action programs authorized by the headquarters activity if the member or employ- amounts contained in the Department of De- President under section 503 of the National Se- ee’s place of duty remains at the location of that fense Overseas Military Facility Investment Re- curity Act of 1947, as amended, shall remain headquarters. covery Account established by section 2921(c)(1) available until September 30, 2011. (b) The Secretary of Defense or Secretary of a of the National Defense Authorization Act of SEC. 8035. Notwithstanding any other provi- military department may waive the limitations 1991 (Public Law 101–510; 10 U.S.C. 2687 note) sion of law, funds made available in this Act for in subsection (a), on a case-by-case basis, if the shall be available until expended for the pay- the Defense Intelligence Agency may be used for Secretary determines, and certifies to the Com- ments specified by section 2921(c)(2) of that Act. the design, development, and deployment of mittees on Appropriations of the House of Rep- SEC. 8031. (a) Notwithstanding any other pro- General Defense Intelligence Program intel- resentatives and Senate that the granting of the vision of law, the Secretary of the Air Force ligence communications and intelligence infor- waiver will reduce the personnel requirements or may convey at no cost to the Air Force, without mation systems for the Services, the Unified and the financial requirements of the department. consideration, to Indian tribes located in the Specified Commands, and the component com- (c) This section does not apply to— States of Nevada, Idaho, North Dakota, South mands. (1) field operating agencies funded within the Dakota, Montana, Oregon, and Minnesota SEC. 8036. Of the funds appropriated to the National Intelligence Program; or relocatable military housing units located at Department of Defense under the heading ‘‘Op- (2) an Army field operating agency established Grand Forks Air Force Base, Malmstrom Air eration and Maintenance, Defense-Wide’’, not to eliminate, mitigate, or counter the effects of Force Base, Mountain Home Air Force Base, less than $12,000,000 shall be made available improvised explosive devices, and, as determined Ellsworth Air Force Base, and Minot Air Force only for the mitigation of environmental im- by the Secretary of the Army, other similar Base that are excess to the needs of the Air pacts, including training and technical assist- threats. Force. ance to tribes, related administrative support, (RESCISSIONS) (b) The Secretary of the Air Force shall con- the gathering of information, documenting of vey, at no cost to the Air Force, military hous- environmental damage, and developing a system SEC. 8040. Of the funds appropriated in De- ing units under subsection (a) in accordance for prioritization of mitigation and cost to com- partment of Defense Appropriations Acts, the with the request for such units that are sub- plete estimates for mitigation, on Indian lands following funds are hereby rescinded from the mitted to the Secretary by the Operation Walk- resulting from Department of Defense activities. following accounts and programs in the speci- ing Shield Program on behalf of Indian tribes SEC. 8037. (a) None of the funds appropriated fied amounts: located in the States of Nevada, Idaho, North in this Act may be expended by an entity of the ‘‘Research, Development, Test and Evalua- Dakota, South Dakota, Montana, Oregon, and Department of Defense unless the entity, in ex- tion, Air Force, 2009/2010’’, $110,230,000; Minnesota. pending the funds, complies with the Buy Amer- ‘‘Research, Development, Test and Evalua- (c) The Operation Walking Shield Program ican Act. For purposes of this subsection, the tion, Defense-Wide, 2009/2010’’, $199,750,000; shall resolve any conflicts among requests of In- term ‘‘Buy American Act’’ means title III of the ‘‘Procurement of Weapons and Tracked Com- dian tribes for housing units under subsection Act entitled ‘‘An Act making appropriations for bat Vehicles, Army, 2009/2011’’, $41,087,000; (a) before submitting requests to the Secretary of the Treasury and Post Office Departments for ‘‘Other Procurement, Army, 2009/2011’’, the Air Force under subsection (b). the fiscal year ending June 30, 1934, and for $138,239,000; (d) In this section, the term ‘‘Indian tribe’’ other purposes’’, approved March 3, 1933 (41 ‘‘Aircraft Procurement, Air Force, 2009/2011’’, means any recognized Indian tribe included on U.S.C. 10a et seq.). $628,900,000; the current list published by the Secretary of the (b) If the Secretary of Defense determines that ‘‘Missile Procurement, Air Force, 2009/2011’’, Interior under section 104 of the Federally Rec- a person has been convicted of intentionally $147,595,000; ognized Indian Tribe Act of 1994 (Public Law affixing a label bearing a ‘‘Made in America’’ ‘‘Other Procurement, Air Force, 2009/2011’’, 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). inscription to any product sold in or shipped to $5,000,000; SEC. 8032. During the current fiscal year, ap- the United States that is not made in America, ‘‘Procurement, Defense-Wide, 2009/2011’’, propriations which are available to the Depart- the Secretary shall determine, in accordance $5,200,000; and ment of Defense for operation and maintenance with section 2410f of title 10, United States Code, ‘‘Procurement, Defense-Wide, 2008/2010’’, may be used to purchase items having an invest- whether the person should be debarred from $2,000,000. ment item unit cost of not more than $250,000. contracting with the Department of Defense. SEC. 8041. None of the funds available in this SEC. 8033. (a) During the current fiscal year, (c) In the case of any equipment or products Act may be used to reduce the authorized posi- none of the appropriations or funds available to purchased with appropriations provided under tions for military (civilian) technicians of the the Department of Defense Working Capital this Act, it is the sense of the Congress that any Army National Guard, Air National Guard, Funds shall be used for the purchase of an in- entity of the Department of Defense, in expend- Army Reserve and Air Force Reserve for the vestment item for the purpose of acquiring a ing the appropriation, purchase only American- purpose of applying any administratively im- new inventory item for sale or anticipated sale made equipment and products, provided that posed civilian personnel ceiling, freeze, or reduc- during the current fiscal year or a subsequent American-made equipment and products are tion on military (civilian) technicians, unless

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(a) Notwithstanding any other pro- vision of law, the Chief of the National Guard ligated or expended for assistance to the Demo- vision of law, none of the funds available to the Bureau may permit the use of equipment of the cratic People’s Republic of Korea unless specifi- Department of Defense for the current fiscal National Guard Distance Learning Project by cally appropriated for that purpose. year may be obligated or expended to transfer to any person or entity on a space-available, reim- SEC. 8043. Funds appropriated in this Act for another nation or an international organization bursable basis. The Chief of the National Guard operation and maintenance of the Military De- any defense articles or services (other than in- Bureau shall establish the amount of reimburse- partments, Combatant Commands and Defense telligence services) for use in the activities de- ment for such use on a case-by-case basis. Agencies shall be available for reimbursement of scribed in subsection (b) unless the congres- (b) Amounts collected under subsection (a) pay, allowances and other expenses which sional defense committees, the Committee on shall be credited to funds available for the Na- would otherwise be incurred against appropria- Foreign Affairs of the House of Representatives, tional Guard Distance Learning Project and be tions for the National Guard and Reserve when and the Committee on Foreign Relations of the available to defray the costs associated with the members of the National Guard and Reserve Senate are notified 15 days in advance of such use of equipment of the project under that sub- provide intelligence or counterintelligence sup- transfer. section. Such funds shall be available for such port to Combatant Commands, Defense Agencies (b) This section applies to— purposes without fiscal year limitation. and Joint Intelligence Activities, including the (1) any international peacekeeping or peace- SEC. 8054. Using funds available by this Act or activities and programs included within the Na- enforcement operation under the authority of any other Act, the Secretary of the Air Force, tional Intelligence Program and the Military In- chapter VI or chapter VII of the United Nations pursuant to a determination under section 2690 telligence Program: Provided, That nothing in Charter under the authority of a United Nations of title 10, United States Code, may implement this section authorizes deviation from estab- Security Council resolution; and cost-effective agreements for required heating lished Reserve and National Guard personnel (2) any other international peacekeeping, facility modernization in the Kaiserslautern and training procedures. peace-enforcement, or humanitarian assistance Military Community in the Federal Republic of SEC. 8044. During the current fiscal year, none operation. Germany: Provided, That in the City of of the funds appropriated in this Act may be (c) A notice under subsection (a) shall include Kaiserslautern such agreements will include the used to reduce the civilian medical and medical the following— use of United States anthracite as the base load support personnel assigned to military treatment (1) A description of the equipment, supplies, energy for municipal district heat to the United facilities below the September 30, 2003, level: or services to be transferred. States Defense installations: Provided further, Provided, That the Service Surgeons General (2) A statement of the value of the equipment, That at Landstuhl Army Regional Medical Cen- may waive this section by certifying to the con- supplies, or services to be transferred. ter and Ramstein Air Base, furnished heat may gressional defense committees that the bene- (3) In the case of a proposed transfer of equip- be obtained from private, regional or municipal ficiary population is declining in some ment or supplies— services, if provisions are included for the con- catchment areas and civilian strength reduc- (A) a statement of whether the inventory re- sideration of United States coal as an energy tions may be consistent with responsible re- quirements of all elements of the Armed Forces source. SEC. 8055. None of the funds appropriated in source stewardship and capitation-based budg- (including the reserve components) for the type title IV of this Act may be used to procure end- eting. of equipment or supplies to be transferred have items for delivery to military forces for oper- SEC. 8045. (a) None of the funds available to been met; and the Department of Defense for any fiscal year (B) a statement of whether the items proposed ational training, operational use or inventory for drug interdiction or counter-drug activities to be transferred will have to be replaced and, requirements: Provided, That this restriction does not apply to end-items used in develop- may be transferred to any other department or if so, how the President proposes to provide ment, prototyping, and test activities preceding agency of the United States except as specifi- funds for such replacement. and leading to acceptance for operational use: cally provided in an appropriations law. SEC. 8050. None of the funds available to the (b) None of the funds available to the Central Department of Defense under this Act shall be Provided further, That this restriction does not Intelligence Agency for any fiscal year for drug obligated or expended to pay a contractor under apply to programs funded within the National interdiction and counter-drug activities may be a contract with the Department of Defense for Intelligence Program: Provided further, That the Secretary of Defense may waive this restric- transferred to any other department or agency costs of any amount paid by the contractor to tion on a case-by-case basis by certifying in of the United States except as specifically pro- an employee when— writing to the Committees on Appropriations of vided in an appropriations law. (1) such costs are for a bonus or otherwise in the House of Representatives and the Senate SEC. 8046. None of the funds appropriated by excess of the normal salary paid by the con- this Act may be used for the procurement of ball tractor to the employee; and that it is in the national security interest to do and roller bearings other than those produced (2) such bonus is part of restructuring costs so. SEC. 8056. None of the funds made available in by a domestic source and of domestic origin: associated with a business combination. this Act may be used to approve or license the Provided, That the Secretary of the military de- (INCLUDING TRANSFER OF FUNDS) sale of the F–22A advanced tactical fighter to partment responsible for such procurement may SEC. 8051. During the current fiscal year, no any foreign government: Provided, That the De- waive this restriction on a case-by-case basis by more than $30,000,000 of appropriations made in partment of Defense may conduct or participate certifying in writing to the Committees on Ap- this Act under the heading ‘‘Operation and in studies, research, design and other activities propriations of the House of Representatives Maintenance, Defense-Wide’’ may be trans- to define and develop a future export version of and the Senate, that adequate domestic supplies ferred to appropriations available for the pay of the F–22A that protects classified and sensitive are not available to meet Department of Defense military personnel, to be merged with, and to be information, technologies and U.S. warfighting requirements on a timely basis and that such an available for the same time period as the appro- capabilities. acquisition must be made in order to acquire ca- priations to which transferred, to be used in SEC. 8057. (a) The Secretary of Defense may, pability for national security purposes: Provided support of such personnel in connection with on a case-by-case basis, waive with respect to a further, That this restriction shall not apply to support and services for eligible organizations foreign country each limitation on the procure- the purchase of ‘‘commercial items’’, as defined and activities outside the Department of Defense ment of defense items from foreign sources pro- by section 4(12) of the Office of Federal Procure- pursuant to section 2012 of title 10, United vided in law if the Secretary determines that the ment Policy Act, except that the restriction shall States Code. application of the limitation with respect to that apply to ball or roller bearings purchased as end SEC. 8052. (a) IN GENERAL.—Service as a mem- country would invalidate cooperative programs items. ber of the Alaska Territorial Guard during entered into between the Department of Defense SEC. 8047. None of the funds in this Act may World War II of any individual who was honor- and the foreign country, or would invalidate re- be used to purchase any supercomputer which is ably discharged therefrom under section 8147 of ciprocal trade agreements for the procurement of not manufactured in the United States, unless the Department of Defense Appropriations Act, defense items entered into under section 2531 of the Secretary of Defense certifies to the congres- 2001 (Public Law 106–259; 114 Stat. 705) shall be title 10, United States Code, and the country sional defense committees that such an acquisi- treated as active service for purposes of the com- does not discriminate against the same or simi- tion must be made in order to acquire capability putation under chapter 61, 71, 371, 571, 871, or lar defense items produced in the United States for national security purposes that is not avail- 1223 of title 10, United States Code, as applica- for that country. able from United States manufacturers. ble, of the retired pay to which such individual (b) Subsection (a) applies with respect to— SEC. 8048. None of the funds made available in may be entitled under title 10, United States (1) contracts and subcontracts entered into on this or any other Act may be used to pay the Code. or after the date of the enactment of this Act; salary of any officer or employee of the Depart- (b) APPLICABILITY.—Subsection (a) shall and ment of Defense who approves or implements the apply with respect to amounts of retired pay (2) options for the procurement of items that transfer of administrative responsibilities or payable under title 10, United States Code, for are exercised after such date under contracts budgetary resources of any program, project, or months beginning on or after the date of the en- that are entered into before such date if the op- activity financed by this Act to the jurisdiction actment of this Act. No retired pay shall be paid tion prices are adjusted for any reason other of another Federal agency not financed by this to any individual by reason of subsection (a) for than the application of a waiver granted under Act without the express authorization of Con- any period before that date. subsection (a). gress: Provided, That this limitation shall not (c) WORLD WAR II DEFINED.—In this section, (c) Subsection (a) does not apply to a limita- apply to transfers of funds expressly provided the term ‘‘World War II’’ has the meaning given tion regarding construction of public vessels,

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ball and roller bearings, food, and clothing or SEC. 8063. During the current fiscal year, none ellite and ground control segments of such sys- textile materials as defined by section 11 (chap- of the funds available to the Department of De- tem’s modernization program. ters 50–65) of the Harmonized Tariff Schedule fense may be used to provide support to another (INCLUDING TRANSFER OF FUNDS) and products classified under headings 4010, department or agency of the United States if SEC. 8069. Of the amounts appropriated in this 4202, 4203, 6401 through 6406, 6505, 7019, 7218 such department or agency is more than 90 days Act under the heading ‘‘Operation and Mainte- through 7229, 7304.41 through 7304.49, 7306.40, in arrears in making payment to the Depart- nance, Army’’, $106,754,000 shall remain avail- 7502 through 7508, 8105, 8108, 8109, 8211, 8215, ment of Defense for goods or services previously able until expended: Provided, That notwith- and 9404. provided to such department or agency on a re- standing any other provision of law, the Sec- SEC. 8058. (a) None of the funds made avail- imbursable basis: Provided, That this restriction retary of Defense is authorized to transfer such able by this Act may be used to support any shall not apply if the department is authorized training program involving a unit of the secu- by law to provide support to such department or funds to other activities of the Federal Govern- rity forces of a foreign country if the Secretary agency on a nonreimbursable basis, and is pro- ment: Provided further, That the Secretary of of Defense has received credible information viding the requested support pursuant to such Defense is authorized to enter into and carry from the Department of State that the unit has authority: Provided further, That the Secretary out contracts for the acquisition of real prop- committed a gross violation of human rights, of Defense may waive this restriction on a case- erty, construction, personal services, and oper- unless all necessary corrective steps have been by-case basis by certifying in writing to the ations related to projects carrying out the pur- taken. Committees on Appropriations of the House of poses of this section: Provided further, That (b) The Secretary of Defense, in consultation Representatives and the Senate that it is in the contracts entered into under the authority of with the Secretary of State, shall ensure that national security interest to do so. this section may provide for such indemnifica- prior to a decision to conduct any training pro- SEC. 8064. Notwithstanding section 12310(b) of tion as the Secretary determines to be necessary: gram referred to in subsection (a), full consider- title 10, United States Code, a Reserve who is a Provided further, That projects authorized by ation is given to all credible information avail- member of the National Guard serving on full- this section shall comply with applicable Fed- able to the Department of State relating to time National Guard duty under section 502(f) eral, State, and local law to the maximum extent human rights violations by foreign security of title 32, United States Code, may perform du- consistent with the national security, as deter- forces. ties in support of the ground-based elements of mined by the Secretary of Defense. (c) The Secretary of Defense, after consulta- the National Ballistic Missile Defense System. SEC. 8070. Section 8106 of the Department of tion with the Secretary of State, may waive the SEC. 8065. None of the funds provided in this Defense Appropriations Act, 1997 (titles I prohibition in subsection (a) if he determines Act may be used to transfer to any nongovern- through VIII of the matter under subsection that such waiver is required by extraordinary mental entity ammunition held by the Depart- 101(b) of Public Law 104–208; 110 Stat. 3009–111; circumstances. ment of Defense that has a center-fire cartridge 10 U.S.C. 113 note) shall continue in effect to (d) Not more than 15 days after the exercise of and a United States military nomenclature des- apply to disbursements that are made by the De- any waiver under subsection (c), the Secretary ignation of ‘‘armor penetrator’’, ‘‘armor piercing partment of Defense in fiscal year 2010. of Defense shall submit a report to the congres- (AP)’’, ‘‘armor piercing incendiary (API)’’, or (INCLUDING TRANSFER OF FUNDS) sional defense committees describing the extraor- ‘‘armor-piercing incendiary-tracer (API–T)’’, ex- dinary circumstances, the purpose and duration SEC. 8071. Of the amounts appropriated in this cept to an entity performing demilitarization Act under the heading ‘‘Research, Development, of the training program, the United States forces services for the Department of Defense under a and the foreign security forces involved in the Test and Evaluation, Defense-Wide’’, contract that requires the entity to demonstrate $202,434,000 shall be for the Israeli Cooperative training program, and the information relating to the satisfaction of the Department of Defense to human rights violations that necessitates the Programs: Provided, That of this amount, that armor piercing projectiles are either: (1) $80,092,000 shall be for the Short Range Ballistic waiver. rendered incapable of reuse by the demilitariza- SEC. 8059. None of the funds appropriated or Missile Defense (SRBMD) program, $50,036,000 tion process; or (2) used to manufacture ammu- made available in this Act to the Department of shall be available for an upper-tier component nition pursuant to a contract with the Depart- the Navy shall be used to develop, lease or pro- to the Israeli Missile Defense Architecture, and ment of Defense or the manufacture of ammuni- cure the T–AKE class of ships unless the main $72,306,000 shall be for the Arrow Missile De- tion for export pursuant to a License for Perma- propulsion diesel engines and propulsors are fense Program, of which $25,000,000 shall be for nent Export of Unclassified Military Articles manufactured in the United States by a domesti- producing Arrow missile components in the cally operated entity: Provided, That the Sec- issued by the Department of State. United States and Arrow missile components in SEC. 8066. Notwithstanding any other provi- retary of Defense may waive this restriction on Israel to meet Israel’s defense requirements, con- sion of law, the Chief of the National Guard a case-by-case basis by certifying in writing to sistent with each nation’s laws, regulations and Bureau, or his designee, may waive payment of the Committees on Appropriations of the House procedures: Provided further, That funds made all or part of the consideration that otherwise of Representatives and the Senate that adequate available under this provision for production of would be required under section 2667 of title 10, domestic supplies are not available to meet De- missiles and missile components may be trans- United States Code, in the case of a lease of per- partment of Defense requirements on a timely ferred to appropriations available for the pro- sonal property for a period not in excess of 1 basis and that such an acquisition must be made curement of weapons and equipment, to be year to any organization specified in section in order to acquire capability for national secu- merged with and to be available for the same 508(d) of title 32, United States Code, or any rity purposes or there exists a significant cost or time period and the same purposes as the appro- other youth, social, or fraternal nonprofit orga- quality difference. priation to which transferred: Provided further, nization as may be approved by the Chief of the SEC. 8060. None of the funds appropriated or That the transfer authority provided under this National Guard Bureau, or his designee, on a otherwise made available by this or other De- provision is in addition to any other transfer case-by-case basis. partment of Defense Appropriations Acts may be authority contained in this Act. obligated or expended for the purpose of per- SEC. 8067. None of the funds appropriated by (INCLUDING TRANSFER OF FUNDS) forming repairs or maintenance to military fam- this Act shall be used for the support of any ily housing units of the Department of Defense, nonappropriated funds activity of the Depart- SEC. 8072. Of the amounts appropriated in this including areas in such military family housing ment of Defense that procures malt beverages Act under the heading ‘‘Shipbuilding and Con- units that may be used for the purpose of con- and wine with nonappropriated funds for resale version, Navy’’, $144,950,000 shall be available ducting official Department of Defense business. (including such alcoholic beverages sold by the until September 30, 2010, to fund prior year ship- SEC. 8061. Notwithstanding any other provi- drink) on a military installation located in the building cost increases: Provided, That upon en- sion of law, funds appropriated in this Act United States unless such malt beverages and actment of this Act, the Secretary of the Navy under the heading ‘‘Research, Development, wine are procured within that State, or in the shall transfer such funds to the following ap- Test and Evaluation, Defense-Wide’’ for any case of the District of Columbia, within the Dis- propriations in the amounts specified: Provided new start advanced concept technology dem- trict of Columbia, in which the military installa- further, That the amounts transferred shall be onstration project or joint capability demonstra- tion is located: Provided, That in a case in merged with and be available for the same pur- tion project may only be obligated 30 days after which the military installation is located in poses as the appropriations to which trans- a report, including a description of the project, more than one State, purchases may be made in ferred: the planned acquisition and transition strategy any State in which the installation is located: To: and its estimated annual and total cost, has Provided further, That such local procurement Under the heading ‘‘Shipbuilding and Conver- been provided in writing to the congressional requirements for malt beverages and wine shall sion, Navy, 2004/2010’’: defense committees: Provided, That the Sec- apply to all alcoholic beverages only for military New SSN, $26,906,000; and retary of Defense may waive this restriction on installations in States which are not contiguous LPD–17 Amphibious Transport Dock Program, a case-by-case basis by certifying to the congres- with another State: Provided further, That alco- $16,844,000. sional defense committees that it is in the na- holic beverages other than wine and malt bev- Under the heading ‘‘Shipbuilding and Conver- tional interest to do so. erages, in contiguous States and the District of sion, Navy, 2005/2010’’: SEC. 8062. The Secretary of Defense shall pro- Columbia shall be procured from the most com- New SSN, $18,702,000; and vide a classified quarterly report beginning 30 petitive source, price and other factors consid- LPD–17 Amphibious Transport Dock Program, days after enactment of this Act, to the House ered. $16,498,000. and Senate Appropriations Committees, Sub- SEC. 8068. Funds available to the Department Under the heading ‘‘Shipbuilding and Conver- committees on Defense on certain matters as di- of Defense for the Global Positioning System sion, Navy, 2008/2012’’: rected in the classified annex accompanying this during the current fiscal year may be used to LPD–17 Amphibious Transport Dock Program, Act. fund civil requirements associated with the sat- $66,000,000.

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SEC. 8073. None of the funds available to the ant to section 1105 of title 31, United States closed at the time reimbursement is made shall Department of Defense may be obligated to mod- Code, shall include separate budget justification be available to reimburse the Judgment Fund ify command and control relationships to give documents for costs of United States Armed and shall be considered for the same purposes as Fleet Forces Command administrative and oper- Forces’ participation in contingency operations any subdivision under the heading ‘‘Ship- ational control of U.S. Navy forces assigned to for the Military Personnel accounts, the Oper- building and Conversion, Navy’’ appropriations the Pacific fleet: Provided, That the command ation and Maintenance accounts, and the Pro- in the current fiscal year or any prior fiscal and control relationships which existed on Octo- curement accounts: Provided, That these docu- year. ber 1, 2004, shall remain in force unless changes ments shall include a description of the funding SEC. 8086. (a) None of the funds appropriated are specifically authorized in a subsequent Act. requested for each contingency operation, for by this Act may be used to transfer research and SEC. 8074. Notwithstanding any other provi- each military service, to include all Active and development, acquisition, or other program au- sion of law or regulation, the Secretary of De- Reserve components, and for each appropria- thority relating to current tactical unmanned fense may exercise the provisions of section tions account: Provided further, That these doc- aerial vehicles (TUAVs) from the Army. 7403(g) of title 38, United States Code, for occu- uments shall include estimated costs for each (b) The Army shall retain responsibility for pations listed in section 7403(a)(2) of title 38, element of expense or object class, a reconcili- and operational control of the MQ–1C Sky War- United States Code, as well as the following: ation of increases and decreases for each contin- rior Unmanned Aerial Vehicle (UAV) in order to Pharmacists, Audiologists, Psychologists, So- gency operation, and programmatic data includ- support the Secretary of Defense in matters re- cial Workers, Othotists/Prosthetists, Occupa- ing, but not limited to, troop strength for each lating to the employment of unmanned aerial tional Therapists, Physical Therapists, Reha- Active and Reserve component, and estimates of vehicles. bilitation Therapists, Respiratory Therapists, the major weapons systems deployed in support SEC. 8087. Of the funds provided in this Act, Speech Pathologists, Dietitian/Nutritionists, In- of each contingency: Provided further, That $10,000,000 shall be available for the operations dustrial Hygienists, Psychology Technicians, these documents shall include budget exhibits and development of training and technology for Social Service Assistants, Practical Nurses, OP–5 and OP–32 (as defined in the Department the Joint Interagency Training and Education Nursing Assistants, and Dental Hygienists: of Defense Financial Management Regulation) (A) The requirements of section 7403(g)(1)(A) Center and the affiliated Center for National of title 38, United States Code, shall apply. for all contingency operations for the budget Response at the Memorial Tunnel and for pro- (B) The limitations of section 7403(g)(1)(B) of year and the two preceding fiscal years. viding homeland defense/security and tradi- title 38, United States Code, shall not apply. SEC. 8080. None of the funds in this Act may tional warfighting training to the Department of SEC. 8075. Funds appropriated by this Act, or be used for research, development, test, evalua- Defense, other Federal agencies, and State and made available by the transfer of funds in this tion, procurement or deployment of nuclear local first responder personnel at the Joint Act, for intelligence activities are deemed to be armed interceptors of a missile defense system. Interagency Training and Education Center. specifically authorized by the Congress for pur- SEC. 8081. None of the funds appropriated or SEC. 8088. Notwithstanding any other provi- poses of section 504 of the National Security Act made available in this Act shall be used to re- sion of law or regulation, the Secretary of De- of 1947 (50 U.S.C. 414) during fiscal year 2010 duce or disestablish the operation of the 53rd fense may adjust wage rates for civilian employ- until the enactment of the Intelligence Author- Weather Reconnaissance Squadron of the Air ees hired for certain health care occupations as ization Act for Fiscal Year 2010. Force Reserve, if such action would reduce the authorized for the Secretary of Veterans Affairs SEC. 8076. None of the funds provided in this WC–130 Weather Reconnaissance mission below by section 7455 of title 38, United States Code. Act shall be available for obligation or expendi- the levels funded in this Act: Provided, That the SEC. 8089. Up to $16,000,000 of the funds ap- ture through a reprogramming of funds that cre- Air Force shall allow the 53rd Weather Recon- propriated under the heading ‘‘Operation and ates or initiates a new program, project, or ac- naissance Squadron to perform other missions in Maintenance, Navy’’ may be made available for tivity unless such program, project, or activity support of national defense requirements during the Asia Pacific Regional Initiative Program for must be undertaken immediately in the interest the non-hurricane season. the purpose of enabling the Pacific Command to of national security and only after written prior SEC. 8082. None of the funds provided in this execute Theater Security Cooperation activities notification to the congressional defense com- Act shall be available for integration of foreign such as humanitarian assistance, and payment mittees. intelligence information unless the information of incremental and personnel costs of training SEC. 8077. In addition to funds made available has been lawfully collected and processed dur- and exercising with foreign security forces: Pro- elsewhere in this Act, $5,500,000 is hereby appro- ing the conduct of authorized foreign intel- vided, That funds made available for this pur- priated and shall remain available until ex- ligence activities: Provided, That information pose may be used, notwithstanding any other pended to provide assistance, by grant or other- pertaining to United States persons shall only funding authorities for humanitarian assist- wise (such as the provision of funds for informa- be handled in accordance with protections pro- ance, security assistance or combined exercise tion technology and textbook purchases, profes- vided in the Fourth Amendment of the United expenses: Provided further, That funds may not sional development for educators, and student States Constitution as implemented through Ex- be obligated to provide assistance to any foreign transition support) to public schools in states ecutive Order No. 12333. country that is otherwise prohibited from receiv- that are considered overseas assignments with SEC. 8083. (a) At the time members of reserve ing such type of assistance under any other pro- unusually high concentrations of special needs components of the Armed Forces are called or vision of law. military dependents enrolled: Provided, That up ordered to active duty under section 12302(a) of SEC. 8090. None of the funds appropriated by to 2 percent of the total appropriated funds title 10, United States Code, each member shall this Act for programs of the Office of the Direc- under this section shall be available for the ad- be notified in writing of the expected period dur- tor of National Intelligence shall remain avail- ministration and execution of the programs and/ ing which the member will be mobilized. able for obligation beyond the current fiscal or events that promote the purpose of this ap- (b) The Secretary of Defense may waive the year, except for funds appropriated for research propriation: Provided further, That up to 5 per- requirements of subsection (a) in any case in and technology, which shall remain available cent of the total appropriated funds under this which the Secretary determines that it is nec- until September 30, 2011. section shall be available to public schools that essary to do so to respond to a national security have entered into a military partnership: Pro- SEC. 8091. Notwithstanding any other provi- emergency or to meet dire operational require- sion of this Act, to reflect savings from revised vided further, That $1,000,000 shall be available ments of the Armed Forces. for a nonprofit trust fund to assist in the public- economic assumptions, the total amount appro- (INCLUDING TRANSFER OF FUNDS) private funding of public school repair and priated in title II of this Act is hereby reduced maintenance projects: Provided further, That SEC. 8084. The Secretary of Defense may by $194,000,000, the total amount appropriated $500,000 shall be available to fund an ongoing transfer funds from any available Department in title III of this Act is hereby reduced by special education support program in public of the Navy appropriation to any available $322,000,000, the total amount appropriated in schools with unusually high concentrations of Navy ship construction appropriation for the title IV of this Act is hereby reduced by active duty military dependents enrolled: Pro- purpose of liquidating necessary changes result- $336,000,000, and the total amount appropriated vided further, That to the extent a Federal ing from inflation, market fluctuations, or rate in title V of this Act is hereby reduced by agency provides this assistance by contract, adjustments for any ship construction program $9,000,000: Provided, That the Secretary of De- grant, or otherwise, it may accept and expend appropriated in law: Provided, That the Sec- fense shall allocate this reduction proportion- non-Federal funds in combination with these retary may transfer not to exceed $100,000,000 ally to each budget activity, activity group, sub- Federal funds to provide assistance for the au- under the authority provided by this section: activity group, and each program, project, and thorized purpose. Provided further, That the Secretary may not activity, within each appropriation account. SEC. 8078. In addition to the amounts appro- transfer any funds until 30 days after the pro- SEC. 8092. For purposes of section 1553(b) of priated or otherwise made available elsewhere in posed transfer has been reported to the Commit- title 31, United States Code, any subdivision of this Act, $50,500,000 is hereby appropriated to tees on Appropriations of the House of Rep- appropriations made in this Act under the head- the Department of Defense: Provided, That the resentatives and the Senate, unless a response ing ‘‘Shipbuilding and Conversion, Navy’’ shall Secretary of Defense shall make grants in the from the Committees is received sooner: Provided be considered to be for the same purpose as any amounts specified as follows: $20,000,000 to the further, That the transfer authority provided by subdivision under the heading ‘‘Shipbuilding Edward M. Kennedy Institute for the Senate; this section is in addition to any other transfer and Conversion, Navy’’ appropriations in any $5,500,000 to the U.S.S. Missouri Memorial Asso- authority contained elsewhere in this Act. prior fiscal year, and the 1 percent limitation ciation; and $25,000,000 to the National World SEC. 8085. For purposes of section 612 of title shall apply to the total amount of the appro- War II Museum. 41, United States Code, any subdivision of ap- priation. SEC. 8079. The budget of the President for fis- propriations made under the heading ‘‘Ship- SEC. 8093. Notwithstanding any other provi- cal year 2011 submitted to the Congress pursu- building and Conversion, Navy’’ that is not sion of law, that not more than 35 percent of

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funds provided in this Act for environmental re- Appropriations of the House of Representatives, DEFENSE’’, up to $30,000,000 shall be available mediation may be obligated under indefinite de- and the Subcommittee on Defense of the Com- for the purpose of High Priority National Guard livery/indefinite quantity contracts with a total mittee on Appropriations of the Senate. Counterdrug Programs. contract value of $130,000,000 or higher. SEC. 8099. The Department of Defense shall (b) SUPPLEMENT NOT SUPPLANT.—The amount SEC. 8094. The Director of National Intel- continue to report incremental contingency op- made available by subsection (a) for the purpose ligence shall include the budget exhibits identi- erations costs for Operation Iraqi Freedom and specified in that subsection is in addition to any fied in paragraphs (1) and (2) as described in Operation Enduring Freedom on a monthly other amounts made available by this Act for the Department of Defense Financial Manage- basis in the Cost of War Execution Report as that purpose. ment Regulation with the congressional budget prescribed in the Department of Defense Finan- APOLOGY TO NATIVE PEOPLES OF THE UNITED justification books. cial Management Regulation Department of De- STATES (1) For procurement programs requesting more fense Instruction 7000.14, Volume 12, Chapter 23 than $20,000,000 in any fiscal year, the P–1, Pro- ‘‘Contingency Operations’’, Annex 1, dated Sep- SEC. 8106. (a) ACKNOWLEDGMENT AND APOL- curement Program; P–5, Cost Analysis; P–5a, tember 2005. OGY.—The United States, acting through Con- Procurement History and Planning; P–21, Pro- SEC. 8100. The amounts appropriated in title gress— duction Schedule; and P–40 Budget Item Jus- II of this Act are hereby reduced by $500,000,000 (1) recognizes the special legal and political tification. to reflect excess cash balances in Department of relationship Indian tribes have with the United (2) For research, development, test and eval- Defense Working Capital Funds, as follows: States and the solemn covenant with the land uation projects requesting more than $10,000,000 From ‘‘Operation and Maintenance, Air we share; in any fiscal year, the R–1, RDT&E Program; Force’’, $500,000,000. (2) commends and honors Native Peoples for R–2, RDT&E Budget Item Justification; R–3, SEC. 8101. During the current fiscal year, not the thousands of years that they have RDT&E Project Cost Analysis; and R–4, RDT&E to exceed $10,000,000 from each of the appropria- stewarded and protected this land; Program Schedule Profile. tions made in title III of this Act for ‘‘Operation (3) recognizes that there have been years of SEC. 8095. None of the funds made available in and Maintenance, Army’’, ‘‘Operation and official depredations, ill-conceived policies, and this Act may be used in contravention of the fol- Maintenance, Navy’’, and ‘‘Operation and the breaking of covenants by the Federal Gov- lowing laws enacted or regulations promulgated Maintenance, Air Force’’ may be transferred by ernment regarding Indian tribes; to implement the United Nations Convention the military department concerned to its central (4) apologizes on behalf of the people of the Against Torture and Other Cruel, Inhuman or fund established for Fisher Houses and Suites United States to all Native Peoples for the many Degrading Treatment or Punishment (done at pursuant to section 2493(d) of title 10, United instances of violence, maltreatment, and neglect New York on December 10, 1984): States Code. inflicted on Native Peoples by citizens of the (1) Section 2340A of title 18, United States SEC. 8102. Of the funds appropriated in the United States; Code. Intelligence Community Management Account (5) expresses its regret for the ramifications of (2) Section 2242 of the Foreign Affairs Reform for the Program Manager for the Information former wrongs and its commitment to build on and Restructuring Act of 1998 (division G of Sharing Environment, $24,000,000 is available the positive relationships of the past and Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. for transfer by the Director of National Intel- present to move toward a brighter future where 1231 note) and regulations prescribed thereto, ligence to other departments and agencies for all the people of this land live reconciled as including regulations under part 208 of title 8, purposes of Government-wide information shar- brothers and sisters, and harmoniously steward Code of Federal Regulations, and part 95 of title ing activities: Provided, That funds transferred and protect this land together; 22, Code of Federal Regulations. under this provision are to be merged with and (6) urges the President to acknowledge the (3) Sections 1002 and 1003 of the Department available for the same purposes and time period wrongs of the United States against Indian of Defense, Emergency Supplemental Appropria- as the appropriation to which transferred: Pro- tribes in the history of the United States in tions to Address Hurricanes in the Gulf of Mex- vided further, That the Office of Management order to bring healing to this land; and ico, and Pandemic Influenza Act, 2006 (Public and Budget must approve any transfers made (7) commends the State governments that have Law 109–148). under this provision. begun reconciliation efforts with recognized In- SEC. 8096. (a) Not later than 60 days after en- SEC. 8103. Funds appropriated by this Act for dian tribes located in their boundaries and en- actment of this Act, the Office of the Director of operation and maintenance shall be available courages all State governments similarly to work National Intelligence shall submit a report to for the purpose of making remittances to the De- toward reconciling relationships with Indian the congressional intelligence committees to es- fense Acquisition Workforce Development Fund tribes within their boundaries. tablish the baseline for application of re- in accordance with the requirements of section (b) DISCLAIMER.—Nothing in this section— programming and transfer authorities for fiscal 1705 of title 10, United States Code. (1) authorizes or supports any claim against year 2010: Provided, That the report shall in- SEC. 8104. (a) REPORT ON GROUND-BASED IN- the United States; or clude— TERCEPTOR MISSILES.—Not later than 60 days (2) serves as a settlement of any claim against (1) a table for each appropriation with a sepa- after the date of the enactment of this Act, the the United States. rate column to display the President’s budget re- Director of the Missile Defense Agency shall SEC. 8107. (a) REPORT ON USE OF LIVE PRI- quest, adjustments made by Congress, adjust- submit to the congressional defense committees a MATES IN TRAINING RELATING TO CHEMICAL AND ments due to enacted rescissions, if appropriate, report on the utilization of funds to maintain BIOLOGICAL AGENTS.—Not later than 90 days and the fiscal year enacted level; the production line of Ground-Based Interceptor after the date of the enactment of this Act, the (2) a delineation in the table for each appro- (GBI) missiles. The report shall include a plan priation by Expenditure Center and project; and Secretary of Defense shall submit to the congres- for the utilization of funds for Ground-Based sional defense committees a report setting forth (3) an identification of items of special con- Interceptor missiles made available by this Act gressional interest. a detailed description of the requirements for for the Midcourse Defense Segment, including— the use by the Department of Defense of live pri- (b) None of the funds provided for the Na- (1) the number of Ground-based Interceptor mates at the United States Army Medical Re- tional Intelligence Program in this Act shall be missiles proposed to be produced during fiscal search Institute of Chemical Defense, and else- available for reprogramming or transfer until year 2010; and where, to demonstrate the effects of chemical or the report identified in subsection (a) is sub- (2) any plans for maintaining production of biological agents or chemical (such as physo- mitted to the congressional intelligence commit- such missiles and the subsystems and compo- stigmine) or biological agent simulants in train- tees, unless the Director of National Intelligence nents of such missiles. ing programs. certifies in writing to the congressional intel- (b) REPORT ON GROUND-BASED MIDCOURSE (b) ELEMENTS.—The report required by sub- ligence committees that such reprogramming or DEFENSE SYSTEM.—Not later than 120 days after transfer is necessary as an emergency require- the date of the enactment of this Act, the Direc- section (a) shall include, at a minimum, the fol- ment. tor of the Missile Defense Agency shall submit lowing: SEC. 8097. The Director of National Intel- to the congressional defense committees a report (1) The number of live primates used in the ligence shall submit to Congress each year, at or setting forth the acquisition strategy for the training described in subsection (a). about the time that the President’s budget is Ground-Based Midcourse Defense (GMD) system (2) The average lifespan of primates from the submitted to Congress that year under section during fiscal years 2011 through 2016. The re- point of introduction into such training pro- 1105(a) of title 31, United States Code, a future- port shall include a description of the plans of grams. years intelligence program (including associated the Missile Defense Agency for each of the fol- (3) An explanation why the use of primates in annexes) reflecting the estimated expenditures lowing: such training is more advantageous and real- and proposed appropriations included in that (1) To maintain the capability for production istic than the use of human simulators or other budget. Any such future-years intelligence pro- of Ground-Based Interceptor missiles. alternatives. gram shall cover the fiscal year with respect to (2) To address modernization and obsolescence (4) An estimate of the cost of converting from which the budget is submitted and at least the of the Ground-Based Midcourse Defense system. the use of primates to human simulators in such four succeeding fiscal years. (3) To conduct a robust test program for the training. SEC. 8098. For the purposes of this Act, the Ground-Based Midcourse Defense system. SEC. 8108. (a) FINDINGS.—The Senate makes term ‘‘congressional intelligence committees’’ SEC. 8105. (a) HIGH PRIORITY NATIONAL the following findings: means the Permanent Select Committee on Intel- GUARD COUNTERDRUG PROGRAMS.—Of the (1) Real time intelligence, surveillance, and re- ligence of the House of Representatives, the Se- amount appropriated or otherwise made avail- connaissance (ISR) is critical to our warfighters lect Committee on Intelligence of the Senate, the able by title VI under the heading ‘‘DRUG in fighting the ongoing wars in Iraq and Af- Subcommittee on Defense of the Committee on INTERDICTION AND COUNTER-DRUG ACTIVITIES, ghanistan.

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(2) Secretary of Defense Gates and the mili- the House of Representatives in this Act shall be SEC. 8114. Of the amount appropriated or oth- tary leadership of the United States have high- posted on the public website of that agency erwise made available by title II under the head- lighted the importance of collecting and dissemi- upon receipt by the committee. ing ‘‘OPERATION AND MAINTENANCE, DEFENSE- nating critical intelligence and battlefield infor- (b) Subsection (a) shall not apply to a report WIDE’’, up to $15,000,000 may be available for mation to our troops on the ground in Iraq and if— the implementation by the Department of De- Afghanistan. (1) the public posting of the report com- fense of the responsibilities of the Department (3) The Chief of Staff of the Air Force, Gen- promises national security; or under the Military and Overseas Voter Em- eral Norton Schwartz, has stated that the Air (2) the report contains proprietary informa- powerment Act and the amendments made by Force is ‘‘all-in’’ for the joint fight. tion. that Act. (4) One of the most effective and heavily SEC. 8110. (a) The Secretary of Defense shall SEC. 8115. None of the funds appropriated or tasked intelligence, surveillance, and reconnais- conduct a study on defense contracting fraud otherwise made available by this Act may be sance assets operating today is the Air Force’s and submit a report containing the findings of used to dispose of claims filed regarding water E–8C Joint Surveillance Target Attack Radar such study to the congressional defense commit- contamination at Camp Lejeune, North Caro- System, also known as Joint STARS. tees. lina, until the Agency for Toxic Substances and (5) Commanders in the field rely on Joint (b) The report required under subsection (a) Disease Registry (ATSDR) fully completes all STARS to give them a long range view of the shall include— current, ongoing epidemiological and water (1) an assessment of the total value of Depart- battlefield and detect moving targets in all modeling studies pending as of the date of the ment of Defense contracts entered into to with weather conditions as well as tactical support to enactment of this Act. contractors that have been indicted for, settled Brigade Combat Teams, Joint Tactical Air Con- SEC. 8116. (a) LIMITATION ON AVAILABILITY OF charges of, been fined by any Federal depart- trollers and Special Operations Forces convoy FUNDS FOR EXECUTION OF CONTRACTS UNDER overwatch. ment or agency for, or been convicted of fraud LOGCAP.—No later than 90 days after enact- (6) Joint STARS is a joint platform, flown by in connection with any contract or other trans- ment of this Act none of the funds appropriated a mix of active duty Air Force and Air National action entered into with the Federal Govern- or otherwise made available by this Act may be Guard personnel and operated by a joint Army, ment; and obligated or expended for the execution of a (2) recommendations by the Inspector General Air Force, and Marine crew, supporting mis- contract under the Logistics Civil Augmentation of the Department of Defense or other appro- sions for all the Armed Forces. Program (LOGCAP) unless the Secretary of the priate Department of Defense official regarding (7) With a limited number of airframes, Joint Army determines that the contract explicitly re- how to penalize contractors repeatedly involved STARS has flown over 55,000 combat hours and quires the contractor— 900 sorties over Iraq and Afghanistan and di- in fraud in connection with contracts or other (1) to inspect and immediately correct defi- rectly contributed to the discovery of hundreds transactions entered into with the Federal Gov- ciencies that present an imminent threat of of Improvised Explosive Devices. ernment. death or serious bodily injury so as to ensure SEC. 8111. Of the amount appropriated or oth- (8) The current engines greatly limit the per- compliance with generally accepted electrical erwise made available by title IV under the formance of Joint STARS aircraft and are the standards as determined by the Secretary of De- heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND highest cause of maintenance problems and mis- fense in work under the contract; EVALUATION, ARMY’’, $12,000,000 shall be avail- sion aborts. (2) monitor and immediately correct defi- able for the peer-reviewed Gulf War Illness Re- (9) There is no other current or programmed ciencies in the quality of any potable or non-po- search Program of the Army run by Congres- aircraft or weapon system that can provide the table water provided under the contract to en- sionally Directed Medical Research Programs. detailed, broad-area ground moving target indi- sure that safe and sanitary water is provided; SEC. 8112. (a) It is the sense of Congress that— cator (GMTI) and airborne battle management (1) All of the National Nuclear Security Ad- and support for the warfighter that Joint STARS ministration sites, including the Nevada Test (3) establish and enforce strict standards for provides. Site can play an effective and essential role in preventing, and immediately addressing and co- (10) With the significant operational savings developing and demonstrating— operating with the prosecution of, any instances that new engines will bring to the Joint STARS, (A) innovative and effective methods for trea- of sexual assault in all of its operations and the re-engining Joint STARS will pay for itself by ty verification and the detection of nuclear operations of its subcontractors. 2017 due to reduced operations, sustainment, weapons and other materials; and (b) WAIVER.—The Secretary of the Army may and fuel costs. (B) related threat reduction technologies; and waive the applicability of the limitation in sub- (11) In December 2002, a JSTARS re-engining (2) the Administrator for Nuclear Security section (a) to any contract if the Secretary cer- study determined that re-engining provided sig- should expand the mission of the Nevada Test tifies in writing to Congress that— nificant benefits and cost savings. However, Site to carry out the role described in paragraph (1) the waiver is necessary for the provision of delays in executing the re-engining program (1), including by— essential services or critical operating facilities continue to result in increased costs for the re- (A) fully utilizing the inherent capabilities for operational missions; or engining effort. and uniquely secure location of the Site; (2) the work under such contract does not (12) The budget request for the Department of (B) continuing to support the Nation’s nu- present an imminent threat of death or serious Defense for fiscal year 2010 included $205,000,000 clear weapons program and other national secu- bodily injury. in Aircraft Procurement, Air Force, and rity programs; and SEC. 8117. None of the funds appropriated or $16,000,000 in Research, Development, Test, and (C) renaming the Site to reflect the expanded otherwise made available by this Act may be Evaluation, Air Force for Joint STARS re- mission of the Site. used by the Secretary of the Army to transfer by engining. (b) Not later than one year after the date of sale, lease, loan, or donation government-owned (13) On September 22, 2009, the Department of the enactment of this Act, the Administrator for ammunition production equipment or facilities Defense re-affirmed their support for the Presi- Nuclear Security shall submit to the congres- to a private ammunition manufacturer until 60 dent’s Budget request for Joint STARS re- sional defense committees a plan for improving days after the Secretary submits a certification engining. the infrastructure of the Nevada Test Site of the to the congressional defense committees that the (14) On September 30, 2009, the Undersecretary National Nuclear Security Administration and, transfer will not increase the cost of ammuni- of Defense (Acquisition, Technology, and Logis- if the Administrator deems appropriate, all other tion procurement or negatively impact national tics) signed an Acquisition Decision Memo- sites under the jurisdiction of the National Nu- security, military readiness, government ammu- randum directing that the Air Force proceed clear Security Administration— nition production or the United States ammuni- with the Joint STARS re-engining effort, to in- (1) to fulfill the expanded mission of the Site tion production industrial base. The certifi- clude expenditure of procurement and research, described in subsection (a); and cation shall include the Secretary of the Army’s development, test, and evaluation funds. (2) to make the Site available to support the assessment of the following: (b) SENSE OF SENATE.—It is the sense of the threat reduction programs of the entire national (1) A cost-benefit risk analysis for converting Senate that— security community, including threat reduction government-owned ammunition production (1) Funds for re-engining of the E–8C Joint programs of the National Nuclear Security Ad- equipment or facilities to private ammunition Surveillance Target Attack Radar System (Joint ministration, the Defense Threat Reduction manufacturers, including cost-savings compari- STARS) should be appropriated in the correct Agency, the Department of Homeland Security, sons. appropriations accounts and in the amounts re- and other agencies as appropriate. (2) A projection of the impact on the ammuni- quired in fiscal year 2010 to execute the Joint SEC. 8113. Of the amounts appropriated or tion production industrial base in the United STARS Re-Engining System Design and Devel- otherwise made available by title II under the States of converting such equipment or facilities opment Program; and heading ‘‘OPERATION AND MAINTENANCE, DE- to private ammunition manufacturers. (2) the Air Force should proceed with cur- FENSE-WIDE’’ and available for the Office of the (3) A projection of the capability to meet cur- rently planned efforts to re-engine Joint STARS Secretary of Defense, up to $250,000 may be rent and future ammunition production require- aircraft, to include expending both procurement available to the Under Secretary of Defense for ments by both government-owned and private and research, development, test, and evaluation Policy for the declassification of the nuclear ammunition manufacturers, as well as a com- funds. posture review conducted under section 1041 of bination of the two sources of production assets. SEC. 8109. (a) Notwithstanding any other pro- the Floyd D. Spence National Defense Author- (4) Potential impact on national security and vision of this Act and except as provided in sub- ization Act for Fiscal Year 2001 (as enacted into military readiness. section (b), any report required to be submitted law by Public Law 106–398; 114 Stat. 1654A–262) SEC. 8118. (a) None of the funds appropriated by a Federal agency or department to the Com- upon the release of the nuclear posture review or otherwise made available by this Act may be mittee on Appropriations of either the Senate or to succeed such nuclear posture review. used for any existing or new Federal contract if

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the contractor or a subcontractor at any tier re- velopment, test, and evaluation of the two-stage NATIONAL GUARD PERSONNEL, ARMY quires that an employee or independent con- ground-based interceptor missile. For an additional amount for ‘‘National tractor, as a condition of employment, sign a (b) PROHIBITION ON DIVERSION OF FUNDS.— Guard Personnel, Army’’, $824,966,000. contract that mandates that the employee or Funds appropriated or otherwise made available NATIONAL GUARD PERSONNEL, AIR FORCE by this Act for the Missile Defense Agency for independent contractor performing work under For an additional amount for ‘‘National the purpose of research, development, and test- the contract or subcontract resolve through ar- Guard Personnel, Air Force’’, $9,500,000. bitration any claim under title VII of the Civil ing of the two-stage ground based interceptor Rights Act of 1964 or any tort related to or aris- missile shall be utilized solely for that purpose, OPERATION AND MAINTENANCE ing out of sexual assault or harassment, includ- and may not be reprogrammed or otherwise uti- OPERATION AND MAINTENANCE, ARMY ing assault and battery, intentional infliction of lized for any other purpose. For an additional amount for ‘‘Operation and emotional distress, false imprisonment, or neg- (c) REPORT.—Not later than February 1, 2010, Maintenance, Army’’, $51,928,167,000. ligent hiring, supervision, or retention. the Director of the Missile Defense Agency shall OPERATION AND MAINTENANCE, NAVY (b) The prohibition in subsection (a) does not submit to the congressional defense committees a For an additional amount for ‘‘Operation and apply with respect to employment contracts that report setting forth the following: Maintenance, Navy’’, $5,899,597,000. (1) A comprehensive plan for the continued may not be enforced in a court of the United OPERATION AND MAINTENANCE, MARINE CORPS States. development and testing of the two-stage For an additional amount for ‘‘Operation and SEC. 8119. (a) LIMITATION ON EARLY RETIRE- ground-based interceptor missile, including a Maintenance, Marine Corps’’, $3,775,270,000. MENT OF TACTICAL AIRCRAFT.—The Secretary of description how the Missile Defense Agency will the Air Force may not retire any tactical air- leverage the development and testing of such OPERATION AND MAINTENANCE, AIR FORCE craft as announced in the Combat Air Forces missile to modernize the Ground-based Mid- For an additional amount for ‘‘Operation and structuring plan announced on May 18, 2009, course Defense component of the ballistic missile Maintenance, Air Force’’, $9,929,868,000. until the Secretary submits to the congressional defense system. OPERATION AND MAINTENANCE, DEFENSE-WIDE defense committees the report described in sub- (2) Options for deploying an additional For an additional amount for ‘‘Operation and section (b). Ground-based Midcourse Defense site in Europe Maintenance, Defense-Wide’’, $7,550,900,000, of (b) REPORT.—The report described in this sub- or the United States to provide enhanced de- which: section is a report that sets forth the following: fense in response to future long-range missile (1) Not to exceed $12,500,000 for the Combatant (1) A detailed plan for how the Secretary of threats from Iran, and a description of how Commander Initiative Fund, to be used in sup- the Air Force will fill the force structure and ca- such a site may be made interoperable with the port of Operation Iraqi Freedom and Operation pability gaps resulting from the retirement of planned missile defense architecture for Europe Enduring Freedom; and tactical aircraft under the structuring plan de- and the United States. (2) Not to exceed $1,600,000,000, to remain scribed in subsection (a). SEC. 8122. (a) AMOUNT FOR EVALUATIONS OF available until expended, for payments to reim- (2) A description of the follow-on missions for CERTAIN LASER SYSTEMS.—Of the amount ap- burse key cooperating nations for logistical, each base affected by the structuring plan. propriated or otherwise made available by title military, and other support, including access (3) An explanation of the criteria used for se- IV under the heading ‘‘RESEARCH, DEVELOP- provided to United States military operations in lecting the bases referred to in paragraph (2) MENT, TEST AND EVALUATION, AIR FORCE’’ and support of Operation Iraqi Freedom and Oper- and for the selection of tactical aircraft for re- available for Advanced Weapons Technology ation Enduring Freedom, notwithstanding any tirement under the structuring plan. (PE# 0603605F), up to $5,000,000 may be avail- other provision of law: Provided, That such re- (4) A plan for the reassignment of the regular able to carry out the evaluations and analyses imbursement payments may be made in such and reserve Air Force personnel affected by the required by subsection (b). amounts as the Secretary of Defense, with the retirement of tactical aircraft under the struc- (b) EVALUATIONS AND ANALYSES OF CERTAIN concurrence of the Secretary of State, and in turing plan. LASER SYSTEMS.—The Secretary of Defense consultation with the Director of the Office of (5) An estimate of the cost avoidance to be shall, in a manner consistent with the October Management and Budget, may determine, in his achieved by the retirement of such tactical air- 8, 2008, report of the Air Force Scientific Advi- discretion, based on documentation determined craft, and a description how such funds would sory Board entitled ‘‘Airborne Tactical Laser by the Secretary of Defense to adequately ac- be invested under the period covered by the most (ATL) Feasibility for Gunship Operations’’— count for the support provided, and such deter- current future-years defense program. (1) carry out additional enhanced user eval- mination is final and conclusive upon the ac- SEC. 8120. (a) NATURE OF FULL AND OPEN uations of the Advanced Tactical Laser system counting officers of the United States, and 15 COMPETITION FOR CONGRESSIONALLY DIRECTED on a variety of instrumented targets; and days following notification to the appropriate SPENDING ITEMS.—Each congressionally directed (2) enter into an agreement with a federally congressional committees: Provided further, spending item specified in this Act or the report funded research and development center under That these funds may be used for the purpose of accompanying this Act that is intended for which the center shall— providing specialized training and procuring award to a for-profit entity shall be subject to (A) conduct an analysis of the feasibility of supplies and specialized equipment and pro- acquisition regulations for full and open com- integrating solid state laser systems onto C–130, viding such supplies and loaning such equip- petition on the same basis as each spending item B–1, and F–35 aircraft platforms to provide close ment on a non-reimbursable basis to coalition intended for a for-profit entity that is contained air support; and forces supporting United States military oper- in the budget request of the President. (B) estimate the cost per unit of such laser ations in Iraq and Afghanistan, and 15 days fol- systems and the cost of operating and maintain- (b) EXCEPTIONS.—Subsection (a) shall not lowing notification to the appropriate congres- apply to any contract awarded— ing each such platform with such laser systems. sional committees: Provided further, That the (1) by a means that is required by Federal TITLE IX Secretary of Defense shall provide quarterly re- statute, including for a purchase made under a OVERSEAS CONTINGENCY OPERATIONS ports to the congressional defense committees on mandated preferential program; MILITARY PERSONNEL the use of funds provided in this paragraph. (2) pursuant to the Small Business Act (15 MILITARY PERSONNEL, ARMY OPERATION AND MAINTENANCE, ARMY RESERVE U.S.C. 631 et seq.); or For an additional amount for ‘‘Military Per- For an additional amount for ‘‘Operation and (3) in an amount less than the simplified ac- sonnel, Army’’, $9,597,340,000. Maintenance, Army Reserve’’, $234,898,000. quisition threshold described in section 302A(a) OPERATION AND MAINTENANCE, NAVY RESERVE of the Federal Property and Administrative MILITARY PERSONNEL, NAVY Services Act of 1949 (41 U.S.C. 252a(a)). For an additional amount for ‘‘Military Per- For an additional amount for ‘‘Operation and (c) CONGRESSIONALLY DIRECTED SPENDING sonnel, Navy’’, $1,175,601,000. Maintenance, Navy Reserve’’, $68,059,000. ITEM DEFINED.—In this section, the term ‘‘con- MILITARY PERSONNEL, MARINE CORPS OPERATION AND MAINTENANCE, MARINE CORPS gressionally directed spending item’’ means the For an additional amount for ‘‘Military Per- RESERVE following: sonnel, Marine Corps’’, $670,722,000. For an additional amount for ‘‘Operation and (1) A congressionally directed spending item, Maintenance, Marine Corps Reserve’’, MILITARY PERSONNEL, AIR FORCE as defined in Rule XLIV of the Standing Rules $86,667,000. of the Senate. For an additional amount for ‘‘Military Per- sonnel, Air Force’’, $1,445,376,000. OPERATION AND MAINTENANCE, AIR FORCE (2) A congressional earmark for purposes of RESERVE RESERVE PERSONNEL, ARMY rule XXI of the House of Representatives. For an additional amount for ‘‘Operation and SEC. 8121. (a) FUNDING FOR TWO-STAGE For an additional amount for ‘‘Reserve Per- Maintenance, Air Force Reserve’’, $125,925,000. GROUND-BASED INTERCEPTOR MISSILE.—Of the sonnel, Army’’, $293,637,000. OPERATION AND MAINTENANCE, ARMY NATIONAL amounts appropriated or otherwise made avail- RESERVE PERSONNEL, NAVY GUARD able by this Act for a long-range missile defense For an additional amount for ‘‘Reserve Per- For an additional amount for ‘‘Operation and system in Europe, or appropriated or otherwise sonnel, Navy’’, $37,040,000. made available for the Department of Defense Maintenance, Army National Guard’’, RESERVE PERSONNEL, MARINE CORPS for a long-range missile defense system in Eu- $450,246,000. rope from the Consolidated Security Disaster As- For an additional amount for ‘‘Reserve Per- OPERATION AND MAINTENANCE, AIR NATIONAL sistance, and Continuing Appropriations Act of sonnel, Marine Corps’’, $31,337,000. GUARD 2009 (Public Law 110–329) and available for obli- RESERVE PERSONNEL, AIR FORCE For an additional amount for ‘‘Operation and gation, no less than $50,000,000, and up to For an additional amount for ‘‘Reserve Per- Maintenance, Air National Guard’’, $151,000,000 shall be available for research, de- sonnel, Air Force’’, $19,822,000. $289,862,000.

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AFGHANISTAN SECURITY FORCES FUND MISSILE PROCUREMENT, AIR FORCE JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT For the ‘‘Afghanistan Security Forces Fund’’, For an additional amount for ‘‘Missile Pro- FUND $6,562,769,000, to remain available until Sep- curement, Air Force’’, $36,625,000, to remain (INCLUDING TRANSFER OF FUNDS) tember 30, 2011: Provided, That such funds shall available until September 30, 2012. For the ‘‘Joint Improvised Explosive Device be available to the Secretary of Defense, not- PROCUREMENT OF AMMUNITION, AIR FORCE Defeat Fund’’, $2,033,560,000, to remain avail- withstanding any other provision of law, for the able until September 30, 2012: Provided, That purpose of allowing the Commander, Combined For an additional amount for ‘‘Procurement such funds shall be available to the Secretary of Security Transition Command—Afghanistan, or of Ammunition, Air Force’’, $256,819,000, to re- Defense, notwithstanding any other provision of the Secretary’s designee, to provide assistance, main available until September 30, 2012. law, for the purpose of allowing the Director of with the concurrence of the Secretary of State, OTHER PROCUREMENT, AIR FORCE the Joint Improvised Explosive Device Defeat to the security forces of Afghanistan, including For an additional amount for ‘‘Other Procure- Organization to investigate, develop and provide the provision of equipment, supplies, services, ment, Air Force’’, $3,138,021,000, to remain equipment, supplies, services, training, facilities, training, facility and infrastructure repair, ren- available until September 30, 2012. personnel and funds to assist United States ovation, and construction, and funding: Pro- forces in the defeat of improvised explosive de- PROCUREMENT, DEFENSE-WIDE vided further, That the authority to provide as- vices: Provided further, That within 60 days of sistance under this heading is in addition to any For an additional amount for ‘‘Procurement, the enactment of this Act, a plan for the in- other authority to provide assistance to foreign Defense-Wide’’, $480,780,000, to remain available tended management and use of the amounts nations: Provided further, That contributions of until September 30, 2012. provided under this heading shall be submitted funds for the purposes provided herein from any MINE RESISTANT AMBUSH PROTECTED VEHICLE to the congressional defense committees: Pro- person, foreign government, or international or- FUND vided further, That the Secretary of Defense shall submit a report not later than 60 days ganization may be credited to this Fund and (INCLUDING TRANSFER OF FUNDS) used for such purposes: Provided further, That after the end of each fiscal quarter to the con- For the Mine Resistant Ambush Protected Ve- the Secretary of Defense shall notify the con- gressional defense committees providing assess- hicle Fund, $6,656,000,000, to remain available gressional defense committees in writing upon ments of the evolving threats, individual service until September 30, 2011: Provided, That such the receipt and upon the obligation of any con- requirements to counter the threats, the current funds shall be available to the Secretary of De- tribution, delineating the sources and amounts strategy for predeployment training of members fense, notwithstanding any other provision of of the funds received and the specific use of of the Armed Forces on improvised explosive de- law, to procure, sustain, transport, and field such contributions: Provided further, That the vices, and details on the execution of this Fund: Mine Resistant Ambush Protected vehicles: Pro- Secretary of Defense shall, not fewer than 15 Provided further, That the Secretary of Defense vided further, That the Secretary shall transfer days prior to obligating from this appropriation may transfer funds provided herein to appro- such funds only to appropriations for operation account, notify the congressional defense com- priations for operation and maintenance; pro- and maintenance; procurement; research, devel- mittees in writing of the details of any such ob- curement; research, development, test and eval- opment, test and evaluation; and defense work- ligation. uation; and defense working capital funds to ing capital funds to accomplish the purpose pro- accomplish the purpose provided herein: Pro- PROCUREMENT vided herein: Provided further, That this trans- vided further, That amounts transferred shall be AIRCRAFT PROCUREMENT, ARMY fer authority is in addition to any other transfer merged with and available for the same pur- For an additional amount for ‘‘Aircraft Pro- authority available to the Department of De- poses and time period as the appropriations to curement, Army’’, $1,119,319,000, to remain fense: Provided further, That the Secretary which transferred: Provided further, That this available until September 30, 2012. shall, not fewer than 10 days prior to making transfer authority is in addition to any other MISSILE PROCUREMENT, ARMY transfers from this appropriation, notify the transfer authority available to the Department congressional defense committees in writing of of Defense: Provided further, That the Secretary For an additional amount for ‘‘Missile Pro- the details of any such transfer. of Defense shall, not fewer than 15 days prior to curement, Army’’, $475,954,000, to remain avail- making transfers from this appropriation, notify able until September 30, 2012. RESEARCH, DEVELOPMENT, TEST AND EVALUATION the congressional defense committees in writing PROCUREMENT OF WEAPONS AND TRACKED of the details of any such transfer. COMBAT VEHICLES, ARMY RESEARCH, DEVELOPMENT, TEST AND FFICE OF THE NSPECTOR ENERAL EVALUATION, ARMY O I G For an additional amount for ‘‘Procurement For an additional amount for the ‘‘Office of For an additional amount for ‘‘Research, De- of Weapons and Tracked Combat Vehicles, the Inspector General’’, $8,876,000. Army’’, $875,866,000, to remain available until velopment, Test and Evaluation, Army’’, GENERAL PROVISIONS—THIS TITLE September 30, 2012. $57,962,000, to remain available until September SEC. 9001. Notwithstanding any other provi- ROCUREMENT OF AMMUNITION, ARMY 30, 2011. P sion of law, funds made available in this title RESEARCH, DEVELOPMENT, TEST AND For an additional amount for ‘‘Procurement are in addition to amounts appropriated or oth- EVALUATION, NAVY of Ammunition, Army’’, $365,635,000, to remain erwise made available for the Department of De- available until September 30, 2012. For an additional amount for ‘‘Research, De- fense for fiscal year 2010. OTHER PROCUREMENT, ARMY velopment, Test and Evaluation, Navy’’, (INCLUDING TRANSFER OF FUNDS) $84,180,000, to remain available until September For an additional amount for ‘‘Other Procure- SEC. 9002. Upon the determination of the Sec- 30, 2011. ment, Army’’, $4,874,176,000, to remain available retary of Defense that such action is necessary until September 30, 2012. RESEARCH, DEVELOPMENT, TEST AND in the national interest, the Secretary may, with EVALUATION, AIR FORCE AIRCRAFT PROCUREMENT, NAVY the approval of the Office of Management and For an additional amount for ‘‘Aircraft Pro- For an additional amount for ‘‘Research, De- Budget, transfer up to $4,000,000,000 between the appropriations or funds made available to the curement, Navy’’, $1,342,577,000, to remain velopment, Test and Evaluation, Air Force’’, Department of Defense in this title: Provided, available until September 30, 2012. $39,286,000, to remain available until September 30, 2011. That the Secretary shall notify the Congress WEAPONS PROCUREMENT, NAVY RESEARCH, DEVELOPMENT, TEST AND promptly of each transfer made pursuant to the For an additional amount for ‘‘Weapons Pro- authority in this section: Provided further, That EVALUATION, DEFENSE-WIDE curement, Navy’’, $50,700,000, to remain avail- the authority provided in this section is in addi- able until September 30, 2012. For an additional amount for ‘‘Research, De- tion to any other transfer authority available to velopment, Test and Evaluation, Defense- PROCUREMENT OF AMMUNITION, NAVY AND the Department of Defense and is subject to the Wide’’, $112,196,000, to remain available until MARINE CORPS same terms and conditions as the authority pro- September 30, 2011. vided in the Department of Defense Appropria- For an additional amount for ‘‘Procurement REVOLVING AND MANAGEMENT FUNDS tions Act, 2010: Provided further, That the of Ammunition, Navy and Marine Corps’’, amount in this section is designated as being for $681,957,000, to remain available until September DEFENSE WORKING CAPITAL FUNDS overseas deployments and other activities pursu- 30, 2012. For an additional amount for ‘‘Defense Work- ant to sections 401(c)(4) and 423(a)(1) of S. Con. ing Capital Funds’’, $412,215,000. OTHER PROCUREMENT, NAVY Res. 13 (111th Congress), the concurrent resolu- For an additional amount for ‘‘Other Procure- OTHER DEPARTMENT OF DEFENSE tion on the budget for fiscal year 2010. ment, Navy’’, $260,118,000, to remain available PROGRAMS SEC. 9003. Supervision and administration until September 30, 2012. DEFENSE HEALTH PROGRAM costs associated with a construction project funded with appropriations available for oper- PROCUREMENT, MARINE CORPS For an additional amount for ‘‘Defense ation and maintenance or the ‘‘Afghanistan Se- For an additional amount for ‘‘Procurement, Health Program’’, $1,563,675,000, which shall be curity Forces Fund’’ provided in this Act and Marine Corps’’, $868,197,000, to remain available for operation and maintenance. executed in direct support of overseas contin- until September 30, 2012. DRUG INTERDICTION AND COUNTER-DRUG gency operations in Afghanistan, may be obli- AIRCRAFT PROCUREMENT, AIR FORCE ACTIVITIES gated at the time a construction contract is For an additional amount for ‘‘Aircraft Pro- For an additional amount for ‘‘Drug Interdic- awarded: Provided, That for the purpose of this curement, Air Force’’, $736,501,000, to remain tion and Counter-Drug Activities’’, $353,603,000, section, supervision and administration costs in- available until September 30, 2012. to remain available until September 30, 2011. clude all in-house Government costs.

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SEC. 9004. From funds made available in this in subsection (a) of the costs to complete each (6) The Commander of United States Forces– title, the Secretary of Defense may purchase for project. Afghanistan. use by military and civilian employees of the (2) The use of all funds on a project-by-project (7) The United States Ambassador to Afghani- Department of Defense in Iraq and Afghani- basis for which funds were appropriated under stan. stan: (a) passenger motor vehicles up to a limit the headings referred to in subsection (a) in (8) The United States Ambassador to Paki- of $75,000 per vehicle and (b) heavy and light prior appropriations Acts, or for which funds stan. armored vehicles for the physical security of were made available by transfer, reprogram- SEC. 9015. (a) FUNDING FOR OUTREACH AND personnel or for force protection purposes up to ming, or allocation from other headings in prior REINTEGRATION SERVICES UNDER YELLOW RIB- a limit of $250,000 per vehicle, notwithstanding appropriations Acts, including estimates by the BON REINTEGRATION PROGRAM.—Of the amounts price or other limitations applicable to the pur- commanders referred to in subsection (a) of the appropriated or otherwise made available by chase of passenger carrying vehicles. costs to complete each project. title IX. $20,000,000 shall be available for out- SEC. 9005. Not to exceed $1,200,000,000 of the (3) An estimated total cost to train and equip reach and reintegration services under the Yel- amount appropriated in this title under the the Iraq, Afghanistan, and Pakistan security low Ribbon Reintegration Program under sec- heading ‘‘Operation and Maintenance, Army’’ forces, disaggregated by major program and sub- tion 582(h) of the National Defense Authoriza- may be used, notwithstanding any other provi- elements by force, arrayed by fiscal year. tion Act for Fiscal Year 2008 (Public Law 110– sion of law, to fund the Commander’s Emer- (c) The Secretary of Defense shall notify the 181; 122 Stat. 125; 10 U.S.C. 10101 note). gency Response Program, for the purpose of en- congressional defense committees of any pro- (b) SUPPLEMENT NOT SUPPLANT.—The amount abling military commanders in Iraq and Af- posed new projects or transfers of funds between made available by subsection (a) for the services ghanistan to respond to urgent humanitarian sub-activity groups in excess of $20,000,000 using described in that subsection is in addition to relief and reconstruction requirements within funds appropriated by this or any prior Act any other amounts available in this Act for such their areas of responsibility: Provided, That not under the headings ‘‘Iraq Security Forces services. later than 15 days after the end of each fiscal Fund’’, ‘‘Afghanistan Security Forces Fund’’, This Act may be cited as the ‘‘Department of year quarter, the Secretary of Defense shall sub- and ‘‘Pakistan Counterinsurgency Fund’’. Defense Appropriations Act, 2010’’. mit to the congressional defense committees a re- SEC. 9010. (a) None of the funds appropriated f port regarding the source of funds and the allo- or otherwise made available by this Act or any cation and use of funds during that quarter prior Act may be used to transfer, release, or in- GOVERNMENT CHARGE CARD that were made available pursuant to the au- carcerate any individual who was detained as ABUSE PREVENTION ACT OF 2009 of October 1, 2009, at Naval Station, Guanta- thority provided in this section or under any Mr. BENNET. Mr. President, I ask other provision of law for the purposes described namo Bay, Cuba, to or within the United States herein. or its territories. unanimous consent the Senate proceed SEC. 9006. Funds available to the Department (b) In this section, the term ‘‘United States’’ to the immediate consideration of Cal- of Defense for operation and maintenance may means the several States and the District of Co- endar No. 163, S. 942. be used, notwithstanding any other provision of lumbia. The PRESIDING OFFICER. The law, to provide supplies, services, transpor- SEC. 9011. In addition to amounts made avail- clerk will report the bill by title. tation, including airlift and sealift, and other able elsewhere in this title there is hereby appro- The legislative clerk read as follows: logistical support to coalition forces supporting priated $329,000,000 for the purchase of fuel to A bill (S. 942) to prevent the abuse of Gov- military and stability operations in Iraq and Af- the following accounts in the specified amounts: ernment charge cards. ghanistan: Provided, That the Secretary of De- ‘‘Operation and Maintenance, Army’’, fense shall provide quarterly reports to the con- $83,552,000; There being no objection, the Senate gressional defense committees regarding support ‘‘Operation and Maintenance, Navy’’, proceeded to consider the bill. provided under this section. $33,889,000; Mr. BENNET. I ask unanimous con- SEC. 9007. Each amount in this title is des- ‘‘Operation and Maintenance, Marine sent the bill be read a third time and Corps’’, $1,619,000; ignated as being for overseas deployments and passed, the motion to reconsider be other activities pursuant to section 401(c)(4) and ‘‘Operation and Maintenance, Air Force’’, 423(a)(1) of S. Con. Res. 13 (111th Congress), the $179,191,000; laid upon the table with no intervening concurrent resolution on the budget for fiscal ‘‘Operation and Maintenance, Army Re- action or debate, and any statements year 2010. serve’’, $8,567,000; be printed in the RECORD. SEC. 9008. None of the funds appropriated or ‘‘Operation and Maintenance, Navy Reserve’’, The PRESIDING OFFICER. Without otherwise made available by this or any other $3,007,000; objection, it is so ordered. Act shall be obligated or expended by the United ‘‘Operation and Maintenance, Marine Corps The bill (S. 942) was ordered to be en- Reserve’’, $39,000; and States Government for a purpose as follows: grossed for a third reading, was read (1) To establish any military installation or ‘‘Operation and Maintenance, Army National base for the purpose of providing for the perma- Guard’’, $19,136,000. the third time, and passed, as follows: nent stationing of United States Armed Forces SEC. 9012. None of the funds made available S. 942 in Iraq. under this Act may be distributed to the Asso- Be it enacted by the Senate and House of Rep- (2) To exercise United States control over any ciation of Community Organizations for Reform resentatives of the United States of America in oil resource of Iraq. Now (ACORN) or its subsidiaries. Congress assembled, (3) To establish any military installation or SEC. 9013. The Secretary of Defense may, in SECTION 1. SHORT TITLE. base for the purpose of providing for the perma- consultation with the Secretary of State and the This Act may be cited as the ‘‘Government nent stationing of United States Armed Forces Administrator of the United States Agency for Charge Card Abuse Prevention Act of 2009’’. in Afghanistan. International Development, continue to support SEC. 9009. (a) The Director of the Office of requirements for monthly integrated civilian- SEC. 2. MANAGEMENT OF PURCHASE CARDS. Management and Budget, in consultation with military training for civilians deploying to Af- (a) REQUIRED SAFEGUARDS AND INTERNAL the Secretary of Defense; the Commander of the ghanistan at Camp Atterbury, Indiana, includ- CONTROLS.—The head of each executive agen- United States Central Command; the Com- ing through the allocation of military and civil- cy that issues and uses purchase cards and mander, Multi-National Security Transition ian personnel, trainers, and other resources for convenience checks shall establish and main- Command—Iraq; and the Commander, Combined that purpose. tain safeguards and internal controls to en- Security Transition Command—Afghanistan, SEC. 9014. (a) HEARINGS ON STRATEGY AND RE- sure the following: shall submit to the congressional defense com- SOURCES WITH RESPECT TO AFGHANISTAN AND (1) There is a record in each executive mittees not later than 45 days after the end of PAKISTAN.—Appropriate committees of Congress agency of each holder of a purchase card each fiscal quarter a report on the proposed use shall hold hearings, in open and closed session, issued by the agency for official use, anno- of all funds appropriated by this or any prior relating to the strategy and resources of the tated with the limitations on single trans- Act under each of the headings ‘‘Iraq Security United States with respect to Afghanistan and actions and total transactions that are appli- Forces Fund’’, ‘‘Afghanistan Security Forces Pakistan promptly after the decision by the cable to the use of each such card or check Fund’’, and ‘‘Pakistan Counterinsurgency President on those matters is announced. by that purchase cardholder. Fund’’ on a project-by-project basis, for which (b) TESTIMONY.—The hearings described in (2) Each purchase cardholder and indi- the obligation of funds is anticipated during the subsection (a) should include testimony from vidual issued a convenience check is as- 3-month period from such date, including esti- senior civilian and military officials of the signed an approving official other than the mates by the commanders referred to in this sec- United States, including, but not limited to, the cardholder with the authority to approve or tion of the costs required to complete each such following: disapprove transactions. project. (1) The Secretary of Defense. (3) The holder of a purchase card and each (b) The report required by this subsection (2) The Secretary of State official with authority to authorize expendi- shall include the following: (3) The Chairman of the Joint Chiefs of Staff. tures charged to the purchase card are re- (1) The use of all funds on a project-by-project (4) The Commander of the United States Cen- sponsible for— basis for which funds appropriated under the tral Command. (A) reconciling the charges appearing on headings referred to in subsection (a) were obli- (5) The Commander of the United States Euro- each statement of account for that purchase gated prior to the submission of the report, in- pean Command and Supreme Allied Commander, card with receipts and other supporting doc- cluding estimates by the commanders referred to Europe. umentation; and

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10244 CONGRESSIONAL RECORD — SENATE October 7, 2009 (B) forwarding such reconciliation to the purchases with purchase cards or conven- nation of the employment of the employee; certifying official in a timely manner to en- ience checks. or able the certifying official to ensure that the (2) DISMISSAL.—Penalties prescribed for ‘‘(B) transfers to another unit of the De- Federal Government ultimately pays only employee misuse of purchase cards or con- partment of Defense immediately upon the for valid charges. venience checks shall include dismissal of transfer of the employee unless the Sec- (4) Any disputed purchase card charge, and the employee, as appropriate. retary of Defense determines that the units any discrepancy between a receipt and other (3) REPORTS ON VIOLATIONS.—The guidance are covered by the same purchase card au- supporting documentation and the purchase prescribed under subsection (b) shall direct thority. card statement of account, is resolved in the each head of an executive agency with more ‘‘(14) That the Department of Defense manner prescribed in the applicable govern- than $10,000,000 in purchase card spending an- takes appropriate steps to recover the cost of mentwide purchase card contract entered nually, and each Inspector General of such any erroneous, improper, or illegal purchase into by the Administrator of General Serv- an executive agency on a semiannual basis, made with a purchase card or convenience ices and in accordance with all laws and ex- to submit to the Director of the Office of check by an employee, including, as nec- ecutive agency regulations. Management and Budget a joint report on essary, through salary offsets. (5) Payments on purchase card accounts violations or other actions covered by para- ‘‘(15) That the Inspector General of the De- are made promptly within prescribed dead- graph (1) by employees of such executive partment of Defense conducts periodic as- lines to avoid interest penalties. agency. At a minimum, the report shall set sessments of purchase card or convenience (6) Rebates and refunds based on prompt forth the following: check programs to identify and analyze risks payment, sales volume, or other actions by (A) A description of each violation. of illegal, improper, or erroneous purchases the agency on purchase card accounts are re- (B) A description of any adverse personnel and payments and uses such risk assess- viewed for accuracy and properly recorded as action, punishment, other action taken ments to develop appropriate recommenda- a receipt to the agency that pays the month- against the employee for such violation. tions for corrective actions.’’; and ly bill. (d) RISK ASSESSMENTS AND AUDITS.—The (B) by adding at the end the following new (7) Records of each purchase card trans- Inspector General of each executive agency subsection: action (including records on associated con- shall— ‘‘(d) SEMIANNUAL REPORT.—The Secretary tracts, reports, accounts, and invoices) are (1) conduct periodic assessments of the of Defense and the Inspector General of the retained in accordance with standard Gov- agency purchase card or convenience check Department of Defense, shall submit to the ernment policies on the disposition of programs to identify and analyze risks of il- Director of the Office of Management and records. legal, improper, or erroneous purchases and Budget on a semiannual basis a joint report (8) Periodic reviews are performed to deter- payments in order to develop a plan for using on illegal, improper, or erroneous purchases mine whether each purchase cardholder has such risk assessments to determine the and payments made with purchase cards or a need for the purchase card. scope, frequency, and number of periodic au- convenience checks by employees of the De- (9) Appropriate training regarding the dits of purchase card or convenience check partment of Defense. At a minimum, the re- proper use of purchase cards is provided to transactions; port shall include the following: each purchase cardholder in advance of being (2) perform analysis or audits as necessary, ‘‘(1) A description of each violation. issued a purchase card and periodically of purchase card transactions designed to ‘‘(2) A description of any adverse personnel thereafter and to each official with responsi- identify— action, punishment, or other action taken bility for overseeing the use of purchase (A) potentially illegal, improper, erro- against the employee for such violation. cards issued by an executive agency in ad- neous, and abusive uses of purchase cards; ‘‘(3) A description of actions taken by the vance of assuming such oversight duties and (B) any patterns of such uses; and Department of Defense to address rec- periodically thereafter. (C) categories of purchases that could be ommendations made to address findings aris- (10) The executive agency has specific poli- made by means other than purchase cards in ing out of risk assessments and audits con- cies regarding the number of purchase cards order to better aggregate purchases and ob- ducted pursuant to this section.’’. issued by various component organizations tain lower prices (excluding transactions SEC. 3. MANAGEMENT OF TRAVEL CARDS. and categories of component organizations, made under card-based strategic sourcing ar- Section 2 of the Travel and Transportation the credit limits authorized for various cat- rangements); egories of cardholders, and categories of em- Reform Act of 1998 (Public Law 105–264; 5 (3) report to the head of the executive U.S.C. 5701 note) is amended by adding at the ployees eligible to be issued purchase cards, agency concerned on the results of such and that those policies are designed to mini- end the following new subsection: analysis or audits; and ‘‘(h) MANAGEMENT OF TRAVEL CHARGE mize the financial risk to the Federal Gov- (4) report to the Director of the Office of ernment of the issuance of the purchase CARDS.— Management and Budget on the implementa- ‘‘(1) REQUIRED SAFEGUARDS AND INTERNAL cards and to ensure the integrity of purchase tion of recommendations made to the head of cardholders. CONTROLS.—The head of each executive agen- the executive agency to address findings of cy that has employees that use travel charge (11) The executive agency utilizes effective any analysis or audit of purchase card and systems, techniques, and technologies to pre- cards shall establish and maintain the fol- convenience check transactions or programs lowing internal control activities to ensure vent or identify fraudulent purchases. for compilation and transmission by the Di- (12) The executive agency invalidates the the proper, efficient, and effective use of rector to Congress and the Comptroller Gen- such travel charge cards: purchase card of each employee who— eral. (A) ceases to be employed by the agency, ‘‘(A) There is a record in each executive (e) DEFINITION OF EXECUTIVE AGENCY.—In immediately upon termination of the em- agency of each holder of a travel charge card this section, the term ‘‘executive agency’’ ployment of the employee; or issued on behalf of the agency for official has the meaning given such term in section (B) transfers to another unit of the agency use, annotated with the limitations on 4(1) of the Office of Federal Procurement immediately upon the transfer of the em- amounts that are applicable to the use of Policy Act (41 U.S.C. 403(1)), except as pro- ployee unless the agency determines that the each such card by that travel charge card- vided under subsection (f)(1). units are covered by the same purchase card holder. authority. (f) RELATIONSHIP TO DEPARTMENT OF DE- ‘‘(B) Rebates and refunds based on prompt (13) The executive agency takes steps to re- FENSE PURCHASE CARD REGULATIONS.— payment, sales volume, or other actions by cover the cost of any erroneous, improper, or (1) IN GENERAL.—The requirements of sub- the agency on travel charge card accounts illegal purchase made with a purchase card sections (a) through (d) shall not apply to are monitored for accuracy and properly re- or convenience check by an employee, in- the Department of Defense. corded as a receipt of the agency that em- cluding, as necessary, through salary offsets. (2) CONFORMING AMENDMENTS.—Section 2784 ploys the cardholder. (b) GUIDANCE ON MANAGEMENT OF PURCHASE of title 10, United States Code, is amended— ‘‘(C) Periodic reviews are performed to de- CARDS.—Not later than 180 days after the (A) in subsection (b), by adding at the end termine whether each travel charge card- date of the enactment of this Act, the Direc- the following new paragraphs: holder has a need for the travel charge card. tor of the Office of Management and Budget ‘‘(11) That each purchase cardholder and ‘‘(D) Appropriate training is provided to shall review the existing guidance and, as individual issued a convenience check is as- each travel charge cardholder and each offi- necessary, prescribe additional guidance gov- signed an approving official other than the cial with responsibility for overseeing the erning the implementation of the safeguards cardholder with the authority to approve or use of travel charge cards issued by an exec- and internal controls required by subsection disapprove transactions. utive agency. (a) by executive agencies. ‘‘(12) That the Department of Defense uti- ‘‘(E) Each executive agency has specific (c) PENALTIES FOR VIOLATIONS.— lizes effective systems, techniques, and tech- policies regarding the number of travel (1) IN GENERAL.—The head of each execu- nologies to prevent or identify fraudulent charge cards issued for various component tive agency shall provide for appropriate ad- purchases. organizations and categories of component verse personnel actions or other punishment ‘‘(13) That the Department of Defense organizations, the credit limits authorized to be imposed in cases in which employees of takes appropriate steps to invalidate the for various categories of cardholders, and the agency violate agency policies imple- purchase card of each employee who— categories of employees eligible to be issued menting the guidance required by subsection ‘‘(A) ceases to be employed by the Depart- travel charge cards, and designs those poli- (b) or make improper, erroneous, or illegal ment of Defense, immediately upon termi- cies to minimize the financial risk to the

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SHORT TITLE; TABLE OF CONTENTS. tains a requirement to evaluate the credit- charge cards; (a) SHORT TITLE.—This Act may be cited as worthiness of an individual before issuing ‘‘(C) report to the head of the executive the ‘‘Veterans’ Benefits Enhancement Act of that individual a travel charge card, and agency concerned on the results of such 2009’’. that no individual be issued a travel charge analysis and audits; and (b) TABLE OF CONTENTS.—The table of con- card if that individual is found not credit- ‘‘(D) report to the Director of the Office of tents for this Act is as follows: worthy as a result of the evaluation (except Management and Budget on the implementa- Sec. 1. Short title; table of contents. that this paragraph shall not preclude tion of recommendations made to the head of Sec. 2. Reference to title 38, United States Code. the executive agency to address findings of issuance of a restricted use travel charge TITLE I—INSURANCE MATTERS card or pre-paid card when the individual any analysis or audit of travel charge card lacks a credit history or has a credit score transactions or programs for compilation Sec. 101. Increase in amount of supplemental below the minimum credit score established and transmission by the Director to Con- insurance for totally disabled vet- erans. by the Office of Management and Budget). gress and the Comptroller General. The Director of the Office of Management ‘‘(5) DEFINITIONS.—In this subsection: Sec. 102. Adjustment of coverage of dependents and Budget shall establish a minimum credit ‘‘(A) The term ‘executive agency’ means an under Servicemembers’ Group Life Insurance. score for determining the creditworthiness of agency as that term is defined in subpara- an individual based on rigorous statistical graphs (A) and (B) of section 5701(1) of title Sec. 103. Expansion of individuals qualifying analysis of the population of cardholders and 5, United States Code. for retroactive benefits from trau- historical behaviors. Notwithstanding any ‘‘(B) The term ‘travel charge card’ means matic injury protection coverage other provision of law, such evaluation shall any Federal contractor-issued travel charge under Servicemembers’ Group Life include an assessment of an individual’s con- card that is individually billed to each card- Insurance. sumer report from a consumer reporting holder.’’. Sec. 104. Consideration of loss of dominant agency as those terms are defined in section SEC. 4. MANAGEMENT OF CENTRALLY BILLED hand in prescription of schedule 603 of the Fair Credit Reporting Act. ACCOUNTS. of severity of traumatic injury ‘‘(G) Each executive agency utilizes effec- (a) REQUIRED INTERNAL CONTROLS FOR CEN- under Servicemembers’ Group Life tive systems, techniques, and technologies to TRALLY BILLED ACCOUNTS.—The head of an Insurance. prevent or identify improper purchases. executive agency that has employees who Sec. 105. Enhancement of veterans’ mortgage ‘‘(H) Each executive agency ensures that use a travel charge card that is billed di- life insurance. the travel charge card of each employee who rectly to the United States Government TITLE II—COMPENSATION AND PENSION ceases to be employed by the agency is in- shall establish and maintain the following MATTERS validated immediately upon termination of internal control activities: Sec. 201. Cost-of-living increase for temporary the employment of the employee. (1) Items submitted on an employee’s trav- dependency and indemnity com- ‘‘(I) Each executive agency utilizes, where el voucher shall be compared with items paid pensation payable for surviving appropriate, direct payment to the holder of for using a centrally billed account on any spouses with dependent children the travel card contract. related travel to ensure that an employee is under the age of 18. ‘‘(2) GUIDANCE ON MANAGEMENT OF TRAVEL not reimbursed for an item already paid for Sec. 202. Eligibility of veterans 65 years of age CHARGE CARDS.—Not later than 180 days after by the United States Government through a or older for service pension for a the date of the enactment of this Act, the centrally billed account. period of war. (2) The executive agency shall dispute un- Director of the Office of Management and Sec. 203. Clarification of additional require- allowable and erroneous charges and track Budget shall review the existing guidance ments for consideration to be af- the status of the disputed transactions to en- and, as necessary, prescribe additional guid- forded time, place, and cir- sure appropriate resolution. ance for executive agencies governing the cumstances of service in deter- (3) The executive agency shall submit re- implementation of the requirements in para- minations regarding service-con- quests to servicing airlines for refunds of graph (1). nected disabilities. fully or partially unused tickets, when enti- ‘‘(3) PENALTIES FOR VIOLATIONS.— Sec. 204. Extension of reduced pension for cer- tled to such refunds, and track the status of ‘‘(A) IN GENERAL.—Consistent with the tain veterans covered by Medicaid unused tickets to ensure appropriate resolu- guidance prescribed under paragraph (2), plans for services furnished by tion. each executive agency shall provide for ap- nursing facilities. (b) GUIDANCE.—Not later than 180 days propriate adverse personnel actions to be im- Sec. 205. Enhancement of disability compensa- after the date of the enactment of this Act, posed in cases in which employees of the ex- tion for certain disabled veterans the Director of the Office of Management ecutive agency fail to comply with applica- with difficulties using prostheses and Budget shall review the existing guid- ble travel charge card terms and conditions and disabled veterans in need of ance and, as necessary, prescribe additional or applicable agency regulations or commit regular aid and attendance for re- guidance for executive agencies imple- fraud with respect to a travel charge card, siduals of traumatic brain injury. menting the requirements of subsection (a). including removal in appropriate cases. Sec. 206. Commencement of period of payment ‘‘(B) REPORTS ON VIOLATIONS.—The guid- SEC. 5. CONSTRUCTION. of original awards of compensa- ance prescribed under paragraph (2) shall re- Nothing in this Act shall be construed to tion for veterans retired or sepa- quire each head of an executive agency with excuse the head of an executive agency from rated from the uniformed services more than $10,000,000 in travel card spending the responsibilities set out in section 3512 of for catastrophic disability. annually, and each inspector general of such title 31, United States Code, or in the Im- Sec. 207. Applicability of limitation to pension an executive agency, on a semiannual basis, proper Payments Act of 2002 (31 U.S.C. 3321 payable to certain children of vet- to submit to the Director of the Office of note). erans of a period of war. Management and Budget a joint report on f Sec. 208. Payment of dependency and indem- violations or other actions covered by sub- nity compensation to survivors of paragraph (A) by employees of such execu- VETERANS’ INSURANCE AND BEN- EFITS ENHANCEMENT ACT OF former prisoners of war who died tive agency. At a minimum, the report shall on or before September 30, 1999. set forth the following: 2009 TITLE III—READJUSTMENT AND RELATED ‘‘(i) A description of each violation. Mr. BENNET. Mr. President, I ask ‘‘(ii) A description of any adverse personnel BENEFIT MATTERS action, punishment, or other action taken unanimous consent the Senate proceed Sec. 301. Repeal of limitation on number of vet- against the employee for such violation or to the immediate consideration of Cal- erans enrolled in programs of other action. endar No. 155, S. 728. independent living services and ‘‘(4) RISK ASSESSMENTS AND AUDITS.—The The PRESIDING OFFICER. The assistance. inspector general of each executive agency clerk will report the bill by title. Sec. 302. Eligibility of disabled veterans and shall— The legislative clerk read as follows: members of the Armed Forces with severe burn injuries for auto- ‘‘(A) conduct periodic assessments of the A bill (S. 728) to amend title 38, United mobiles and adaptive equipment. agency travel charge card program and asso- States Code, to enhance veterans’ insurance ciated internal controls to identify and ana- benefits, and for other purposes. Sec. 303. Enhancement of automobile assistance lyze risks of illegal, improper, or erroneous allowance for veterans. travel charges and payments in order to de- There being no objection, the Senate Sec. 304. Payment of unpaid balances of De- velop a plan for using such risk assessments proceeded to consider the bill, which partment of Veterans Affairs to determine the scope, frequency, and num- had been reported from the Committee guaranteed loans.

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TITLE IV—EMPLOYMENT AND REEMPLOY- (b) CONFORMING AMENDMENT.—The heading section, as the case may be and as increased MENT RIGHTS OF MEMBERS OF THE UNI- of such section is amended by striking ‘‘IN OP- from time to time under section 5312 of this FORMED SERVICES ERATION ENDURING FREEDOM AND OPERATION title.’’; Sec. 401. Waiver of sovereign immunity under IRAQI FREEDOM’’. (2) by redesignating subsection (b) as sub- the 11th Amendment with respect (c) EFFECTIVE DATE.—The amendments made section (c); and to enforcement of USERRA. by this section shall take effect on October 1, (3) by inserting after subsection (a) the fol- Sec. 402. Clarifying the definition of ‘‘successor 2010. lowing new subsection (b): in interest’’. SEC. 104. CONSIDERATION OF LOSS OF DOMI- ‘‘(b) The conditions in subsections (h) and (i) Sec. 403. Clarifying that USERRA prohibits NANT HAND IN PRESCRIPTION OF of section 1521 of this title shall apply to deter- wage discrimination against mem- SCHEDULE OF SEVERITY OF TRAU- minations of income and maximum payments of MATIC INJURY UNDER pension for purposes of this section.’’. bers of the Armed Forces. SERVICEMEMBERS’ GROUP LIFE IN- Sec. 404. Requirement that Federal agencies (b) APPLICABILITY.—The amendments made by SURANCE. this section shall apply with respect to any provide notice to contractors of (a) IN GENERAL.—Section 1980A(d) is amend- potential USERRA obligations. claim for pension filed on or after the date of ed— the enactment of this Act. Sec. 405. Comptroller General of the United (1) by striking ‘‘Payments under’’ and insert- States study on effectiveness of SEC. 203. CLARIFICATION OF ADDITIONAL RE- ing ‘‘(1) Payments under’’; and QUIREMENTS FOR CONSIDERATION Federal programs of education (2) by adding at the end the following new and outreach on employer obliga- TO BE AFFORDED TIME, PLACE, AND paragraph: CIRCUMSTANCES OF SERVICE IN DE- tions under USERRA. ‘‘(2) As the Secretary considers appropriate, TERMINATIONS REGARDING SERV- Sec. 406. Technical amendments. the schedule required by paragraph (1) may dis- ICE-CONNECTED DISABILITIES. TITLE V—BURIAL AND MEMORIAL tinguish in specifying payments for qualifying (a) IN GENERAL.—Subsection (a) of section MATTERS losses between the severity of a qualifying loss 1154 is amended to read as follows: Sec. 501. Supplemental benefits for veterans for of a dominant hand and a qualifying loss of a ‘‘(a) The Secretary shall include in the regula- funeral and burial expenses. nondominant hand.’’. tions pertaining to service-connection of disabil- Sec. 502. Supplemental plot allowances. (b) PAYMENTS FOR QUALIFYING LOSSES IN- ities the following: CURRED BEFORE DATE OF ENACTMENT.— ‘‘(1) Provisions requiring that, in each case TITLE VI—OTHER MATTERS (1) IN GENERAL.—The Secretary of Veterans where a veteran is seeking service-connection Sec. 601. National Academies review of best Affairs shall prescribe in regulations mecha- for any disability, due consideration shall be treatments for Gulf War Illness. nisms for payments under section 1980A of title given to the places, types, and circumstances of Sec. 602. Extension of National Academy of 38, United States Code, for qualifying losses in- such veteran’s service as shown by— Sciences reviews and evaluations curred before the date of the enactment of this ‘‘(A) such veteran’s service record; regarding illness and service in Act by reason of the requirements of paragraph ‘‘(B) the official history of each organization Persian Gulf War. (2) of subsection (d) of such section (as added by in which such veteran served; Sec. 603. Extension of authority for regional of- subsection (a)(2) of this section). ‘‘(C) such veteran’s medical records; and fice in Republic of the Phil- (2) QUALIFYING LOSS DEFINED.—In this sub- ‘‘(D) all pertinent medical and lay evidence. ippines. section, the term ‘‘qualifying loss’’ means— ‘‘(2) Provisions generally recognizing cir- Sec. 604. Aggregate amount of educational as- (A) a loss specified in the second sentence of cumstances in which lay evidence consistent sistance available to individuals subsection (b)(1) of section 1980A of title 38, with the place, conditions, dangers, or hard- who receive both survivors’ and United States Code; and ships associated with particular military service dependents educational assistance (B) any other loss specified by the Secretary does not require confirmatory official documen- and other veterans and related of Veterans Affairs pursuant to the first sen- tary evidence in order to establish the occur- educational assistance. tence of that subsection. rence of an event or exposure during active mili- Sec. 605. Technical correction. SEC. 105. ENHANCEMENT OF VETERANS’ MORT- tary, naval, or air service. SEC. 2. REFERENCE TO TITLE 38, UNITED STATES GAGE LIFE INSURANCE. ‘‘(3) The provisions required by section 5 of CODE. (a) IN GENERAL.—Section 2106(b) is amended the Veterans’ Dioxin and Radiation Exposure Except as otherwise expressly provided, when- by striking ‘‘$90,000’’ and inserting ‘‘$150,000, or Compensation Standards Act (Public Law 98– ever in this Act an amendment or repeal is ex- $200,000 after January 1, 2012,’’. 542; 98 Stat. 2727).’’. pressed in terms of an amendment to, or repeal (b) EFFECTIVE DATE.—The amendment made (b) REGULATIONS.— of, a section or other provision, the reference by subsection (a) shall take effect on October 1, (1) IN GENERAL.—Not later than 210 days after shall be considered to be made to a section or 2010. the date of the enactment of this Act, the Sec- retary of Veterans Affairs shall promulgate reg- other provision of title 38, United States Code. TITLE II—COMPENSATION AND PENSION ulations to implement section 1154(a)(2) of title TITLE I—INSURANCE MATTERS MATTERS 38, United States Code, as added by subsection SEC. 101. INCREASE IN AMOUNT OF SUPPLE- SEC. 201. COST-OF-LIVING INCREASE FOR TEM- (a). MENTAL INSURANCE FOR TOTALLY PORARY DEPENDENCY AND INDEM- (2) INTERIM REGULATIONS.—In the case that DISABLED VETERANS. NITY COMPENSATION PAYABLE FOR the Secretary is unable to promulgate final reg- Section 1922A(a) is amended by striking SURVIVING SPOUSES WITH DEPEND- ulations under paragraph (1) on or before the ‘‘$20,000’’ and inserting ‘‘$30,000’’. ENT CHILDREN UNDER THE AGE OF 18. date that is 210 days after the date of the enact- SEC. 102. ADJUSTMENT OF COVERAGE OF DE- Section 1311(f) is amended— ment of this Act, the Secretary shall promulgate PENDENTS UNDER interim regulations on or before such date to be SERVICEMEMBERS’ GROUP LIFE IN- (1) in paragraph (1), by inserting ‘‘(as in- SURANCE. creased from time to time under paragraph (4))’’ in effect until such time as the Secretary pro- Clause (ii) of section 1968(a)(5)(B) is amended after ‘‘$250’’; mulgates final regulations. to read as follows: (2) by redesignating paragraph (4) as para- SEC. 204. EXTENSION OF REDUCED PENSION FOR ‘‘(ii)(I) in the case of a member of the Ready graph (5); and CERTAIN VETERANS COVERED BY (3) by inserting after paragraph (3) the fol- MEDICAID PLANS FOR SERVICES Reserve of a uniformed service who meets the FURNISHED BY NURSING FACILI- qualifications set forth in subparagraph (B) or lowing new paragraph (4): ‘‘(4) Whenever there is an increase in benefit TIES. (C) of section 1965(5) of this title, 120 days after Section 5503(d)(7) is amended by striking separation or release from such assignment; or amounts payable under title II of the Social Se- curity Act (42 U.S.C. 401 et seq.) as a result of ‘‘September 30, 2011’’ and inserting ‘‘September ‘‘(II) in the case of any other member of the 30, 2014’’. uniformed services, 120 days after the date of a determination made under section 215(i) of SEC. 205. ENHANCEMENT OF DISABILITY COM- the member’s separation or release from the uni- such Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of such increase in benefit PENSATION FOR CERTAIN DISABLED formed services; or’’. VETERANS WITH DIFFICULTIES amounts, increase the amount payable under SEC. 103. EXPANSION OF INDIVIDUALS QUALI- USING PROSTHESES AND DISABLED FYING FOR RETROACTIVE BENEFITS paragraph (1), as such amount was in effect im- VETERANS IN NEED OF REGULAR FROM TRAUMATIC INJURY PROTEC- mediately prior to the date of such increase in AID AND ATTENDANCE FOR RESIDU- TION COVERAGE UNDER benefit amounts, by the same percentage as the ALS OF TRAUMATIC BRAIN INJURY. SERVICEMEMBERS’ GROUP LIFE IN- percentage by which such benefit amounts are (a) VETERANS SUFFERING ANATOMICAL LOSS SURANCE. increased. Any increase in a dollar amount OF HANDS, ARMS, OR LEGS.—Section 1114 is (a) IN GENERAL.—Paragraph (1) of section under this paragraph shall be rounded down to amended— 501(b) of the Veterans’ Housing Opportunity the next lower whole dollar amount.’’. (1) in subsection (m)— and Benefits Improvement Act of 2006 (Public SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF (A) by striking ‘‘at a level, or with complica- Law 109–233; 120 Stat. 414; 38 U.S.C. 1980A note) AGE OR OLDER FOR SERVICE PEN- tions,’’ and inserting ‘‘with factors’’; and is amended by striking ‘‘, if, as determined by SION FOR A PERIOD OF WAR. (B) by striking ‘‘at levels, or with complica- the Secretary concerned, that loss was a direct (a) IN GENERAL.—Section 1513 is amended— tions,’’ and inserting ‘‘with factors’’; result of a traumatic injury incurred in the the- (1) in subsection (a), by striking ‘‘by section (2) in subsection (n)— ater of operations for Operation Enduring Free- 1521’’ and all that follows and inserting ‘‘by (A) by striking ‘‘at levels, or with complica- dom or Operation Iraqi Freedom’’. subsection (b), (c), (f)(1), (f)(5), or (g) of that tions,’’ and inserting ‘‘with factors’’;

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10247 (B) by striking ‘‘so near the hip as to’’ and in- SEC. 207. APPLICABILITY OF LIMITATION TO PEN- dollar amount in effect under subsection (a) to serting ‘‘with factors that’’; and SION PAYABLE TO CERTAIN CHIL- an amount equal to 80 percent of the average re- (C) by striking ‘‘so near the shoulder and hip DREN OF VETERANS OF A PERIOD OF tail cost of new automobiles for the preceding WAR. as to’’ and inserting ‘‘with factors that’’; and calendar year. Section 5503(d)(5) is amended— (3) in subsection (o), by striking ‘‘so near the ‘‘(2) The Secretary shall establish the method (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and for determining the average retail cost of new shoulder as to’’ and inserting ‘‘with factors (2) by adding at the end the following new that’’. automobiles for purposes of this subsection. The subparagraph: Secretary may use data developed in the private (b) VETERANS WITH SERVICE-CONNECTED DIS- ‘‘(B) The provisions of this subsection shall ABILITIES IN NEED OF REGULAR AID AND AT- sector if the Secretary determines the data is ap- apply with respect to a child entitled to pension propriate for purposes of this subsection.’’. TENDANCE FOR RESIDUALS OF TRAUMATIC BRAIN under section 1542 of this title in the same man- INJURY.— (c) EFFECTIVE DATE.—The amendments made ner as they apply to a veteran having neither by this section shall take effect on October 1, (1) IN GENERAL.—Such section is further spouse nor child.’’. 2010. amended— SEC. 208. PAYMENT OF DEPENDENCY AND INDEM- SEC. 304. PAYMENT OF UNPAID BALANCES OF DE- (A) in subsection (p), by striking the semicolon NITY COMPENSATION TO SURVIVORS PARTMENT OF VETERANS AFFAIRS OF FORMER PRISONERS OF WAR at the end and inserting a period; and GUARANTEED LOANS. (B) by adding at the end the following new WHO DIED ON OR BEFORE SEP- TEMBER 30, 1999. Section 3732(a)(2) is amended— subsection: (1) by striking ‘‘Before suit’’ and inserting ‘‘(t) Subject to section 5503(c) of this title, if Section 1318(b)(3) is amended by striking ‘‘who died after September 30, 1999,’’. ‘‘(A) Before suit’’; and any veteran, as the result of service-connected (2) by adding at the end the following new disability, is in need of regular aid and attend- TITLE III—READJUSTMENT AND RELATED subparagraph: ance for the residuals of traumatic brain injury, BENEFIT MATTERS ‘‘(B) In the event that a housing loan guaran- is not eligible for compensation under subsection SEC. 301. REPEAL OF LIMITATION ON NUMBER OF teed under this chapter is modified under the (r)(2), and in the absence of such regular aid VETERANS ENROLLED IN PROGRAMS authority provided under section 1322(b) of title and attendance would require hospitalization, OF INDEPENDENT LIVING SERVICES 11, the Secretary may pay the holder of the obli- nursing home care, or other residential institu- AND ASSISTANCE. gation the unpaid balance of the obligation due tional care, the veteran shall be paid, in addi- (a) IN GENERAL.—Section 3120 is amended— as of the date of the filing of the petition under tion to any other compensation under this sec- (1) by striking subsection (e); and title 11 plus accrued interest, but only upon the tion, a monthly aid and attendance allowance (2) by redesignating subsection (f) as sub- assignment, transfer, and delivery to the Sec- equal to the rate described in subsection (r)(2), section (e). retary (in a form and manner satisfactory to the which for purposes of section 1134 of this title (b) CONFORMING AMENDMENT.—Subsection (a) Secretary) of all rights, interest, claims, evi- shall be considered as additional compensation of such section is amended by striking ‘‘de- dence, and records with respect to the housing payable for disability. An allowance authorized scribed in subsection (f)’’ and inserting ‘‘de- loan.’’. under this subsection shall be paid in lieu of scribed in subsection (e)’’. TITLE IV—EMPLOYMENT AND REEMPLOY- any allowance authorized by subsection (r)(1).’’. SEC. 302. ELIGIBILITY OF DISABLED VETERANS MENT RIGHTS OF MEMBERS OF THE (2) CONFORMING AMENDMENT.—Section 5503(c) AND MEMBERS OF THE ARMED UNIFORMED SERVICES is amended by striking ‘‘in section 1114(r)’’ and FORCES WITH SEVERE BURN INJU- inserting ‘‘in subsection (r) or (t) of section RIES FOR AUTOMOBILES AND SEC. 401. WAIVER OF SOVEREIGN IMMUNITY ADAPTIVE EQUIPMENT. 1114’’. UNDER THE 11TH AMENDMENT WITH (a) ELIGIBILITY.—Paragraph (1) of section RESPECT TO ENFORCEMENT OF (c) EFFECTIVE DATE.—The amendments made 3901 is amended— USERRA. by this section shall take effect on August 31, (1) in subparagraph (A)— (a) IN GENERAL.—Section 4323 is amended— 2010. (A) in the matter preceding clause (i), by (1) in subsection (b) by striking paragraph (2) SEC. 206. COMMENCEMENT OF PERIOD OF PAY- striking ‘‘in subclause (i), (ii), or (iii) below’’ and inserting the following new paragraph: MENT OF ORIGINAL AWARDS OF and inserting ‘‘in clause (i), (ii), (iii), or (iv) of ‘‘(2) In the case of an action against a State COMPENSATION FOR VETERANS RE- this subparagraph’’; and (as an employer) by a person, the action may be TIRED OR SEPARATED FROM THE brought in the appropriate district court of the UNIFORMED SERVICES FOR CATA- (B) by adding at the end the following new STROPHIC DISABILITY. clause: United States or State court of competent juris- ‘‘(iv) A severe burn injury (as determined pur- diction.’’; (a) COMMENCEMENT OF PERIOD OF PAY- suant to regulations prescribed by the Sec- (2) by redesignating subsection (i) as sub- MENT.—Subsection (a) of section 5111 is amend- section (j); and ed— retary).’’; and (2) in subparagraph (B), by striking ‘‘sub- (3) by inserting after subsection (h) the fol- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; clause (i), (ii), or (iii) of clause (A) of this para- lowing new subsection (i): (2) in paragraph (1), as designated by para- graph’’ and inserting ‘‘clause (i), (ii), (iii), or ‘‘(i) WAIVER OF STATE SOVEREIGN IMMU- graph (1) of this subsection, by striking ‘‘in sub- (iv) of subparagraph (A)’’. NITY.—(1) A State’s receipt or use of Federal fi- section (c) of this section’’ and inserting ‘‘in (b) STYLISTIC AMENDMENTS.—Such section is nancial assistance for any program or activity paragraph (2) of this subsection and subsection further amended— of a State shall constitute a waiver of sovereign (c)’’; and (1) in the matter preceding paragraph (1), by immunity, under the 11th amendment to the (3) by adding at the end the following new striking ‘‘chapter—’’ and inserting ‘‘chapter:’’; Constitution or otherwise, to a suit brought by— paragraph: (2) in paragraph (1)— ‘‘(A) a person who is or was an employee in ‘‘(2)(A) In the case of a veteran who is retired (A) in the matter preceding subparagraph (A), that program or activity for the rights or bene- or separated from the active military, naval, or by striking ‘‘means—’’ and inserting ‘‘means the fits authorized the person by this chapter; air service for a catastrophic disability or dis- following:’’; ‘‘(B) a person applying to be such an em- abilities, payment of monetary benefits based on (B) in subparagraph (A)— ployee in that program or activity for the rights an award of compensation based on an original (i) in the matter preceding clause (i), by strik- or benefits authorized the person by this chap- claim shall be made as of the date on which ing ‘‘any veteran’’ and inserting ‘‘Any vet- ter; or such award becomes effective as provided under eran’’; ‘‘(C) a person seeking reemployment as an em- section 5110 of this title or another applicable (ii) in clauses (i) and (ii), by striking the semi- ployee in that program or activity for the rights provision of law. colon at the end and inserting a period; and or benefits authorized the person by this chap- ‘‘(B) In this paragraph, the term ‘catastrophic (iii) in clause (iii), by striking ‘‘; or’’ and in- ter. disability’, with respect to a veteran, means a serting a period; and ‘‘(2) In this subsection, the term ‘program or permanent, severely disabling injury, disorder, (C) in subparagraph (B), by striking ‘‘any activity’ has the meaning given that term in sec- or disease that compromises the ability of the member’’ and inserting ‘‘Any member’’. tion 309 of the Age Discrimination Act of 1975 veteran to carry out the activities of daily living (c) EFFECTIVE DATE.—The amendments made (42 U.S.C. 6107).’’. to such a degree that the veteran requires per- by this section shall take effect on October 1, (b) APPLICATION.—The amendments made by sonal or mechanical assistance to leave home or 2010. subsection (a) shall apply to— bed, or requires constant supervision to avoid SEC. 303. ENHANCEMENT OF AUTOMOBILE AS- (1) any failure to comply with a provision of physical harm to self or others.’’. SISTANCE ALLOWANCE FOR VET- or any violation of chapter 43 of title 38, United (b) EFFECTIVE DATE.—The amendments made ERANS. States Code, that occurs before, on, or after the by subsection (a) shall take effect on the date of (a) INCREASE IN AMOUNT OF ALLOWANCE.— date of the enactment of this Act; and the enactment of this Act and shall apply with Subsection (a) of section 3902 is amended by (2) all actions or complaints filed under such respect to awards of compensation based on striking ‘‘$11,000’’ and inserting ‘‘$22,500 (as ad- chapter 43 that are commenced after the date of original claims that become effective on or after justed from time to time under subsection (e))’’. the enactment of this Act. that date. (b) ANNUAL ADJUSTMENT.—Such section is fur- SEC. 402. CLARIFYING THE DEFINITION OF ‘‘SUC- (c) TECHNICAL CORRECTION REGARDING WAIV- ther amended by adding at the end the fol- CESSOR IN INTEREST’’. ER OF RETIRED PAY.—Section 5305 is amended lowing new subsection: (a) IN GENERAL.—Section 4303(4) is amended by striking ‘‘section 1414’’ and inserting ‘‘sec- ‘‘(e)(1) Effective on October 1 of each year (be- by adding at the end the following new sub- tions 1212(d)(2) and 1414’’. ginning in 2011), the Secretary shall increase the paragraph:

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10248 CONGRESSIONAL RECORD — SENATE October 7, 2009 ‘‘(D)(i) Whether the term ‘successor in inter- SEC. 405. COMPTROLLER GENERAL OF THE for purposes of this subsection in an appropria- est’ applies with respect to an entity described UNITED STATES STUDY ON EFFEC- tions Act. in subparagraph (A) for purposes of clause (iv) TIVENESS OF FEDERAL PROGRAMS ‘‘(b) AMOUNT.—The amount of the supple- of such subparagraph shall be determined on a OF EDUCATION AND OUTREACH ON mental payment required by subsection (a) for EMPLOYER OBLIGATIONS UNDER case-by-case basis using a multi-factor test that USERRA. any death is $900 (as adjusted from time to time under subsection (c)). considers the following factors: (a) STUDY REQUIRED.—The Comptroller Gen- ‘‘(I) Substantial continuity of business oper- eral of the United States shall conduct a study ‘‘(c) ADJUSTMENT.—With respect to deaths ations. on the effectiveness of Federal programs of edu- that occur in any fiscal year after fiscal year ‘‘(II) Use of the same or similar facilities. cation and outreach on employer obligations 2010, the supplemental payment described in under chapter 43 of title 38, United States Code. subsection (b) shall be equal to the sum of— ‘‘(III) Continuity of work force. ‘‘(1) the supplemental payment in effect under ‘‘(IV) Similarity of jobs and working condi- (b) CONTENTS OF STUDY.—In carrying out the study required by subsection (a), the Comp- subsection (b) for the preceding fiscal year (de- tions. termined after application of this subsection), ‘‘(V) Similarity of supervisory personnel. troller General shall— (1) assess current practices and procedures of plus ‘‘(2) the sum of the amount described in sec- ‘‘(VI) Similarity of machinery, equipment, and Federal agencies for educating employers about tion 2302(a) of this title and the amount under production methods. their obligations under chapter 43 of title 38, paragraph (1), multiplied by the percentage by ‘‘(VII) Similarity of products or services. United States Code; ‘‘(ii) The entity’s lack of notice or awareness (2) identify best practices for bringing the em- which— ‘‘(A) the Consumer Price Index (all items, of a potential or pending claim under this chap- ployment practices of small businesses into com- United States city average) for the 12-month pe- ter at the time of a merger, acquisition, or other pliance with such chapter; riod ending on the June 30 preceding the begin- form of succession shall not be considered when (3) determine whether the Employer Support ning of the fiscal year for which the increase is applying the multi-factor test under clause (i).’’. for the Guard and Reserve, the Small Business made, exceeds Administration, or other agencies could collabo- (b) APPLICATION.—The amendment made by ‘‘(B) such Consumer Price Index for the 12- rate to develop a program to educate employers subsection (a) shall apply to— month period preceding the 12-month period de- regarding their obligations under such chapter; (1) any failure to comply with a provision of scribed in subparagraph (A). and or any violation of chapter 43 of title 38, United ‘‘(d) ESTIMATES.—(1) From time to time, the (4) determine the effect on recruitment and re- States Code, that occurs before, on, or after the Secretary shall make an estimate of— tention in the National Guard and Reserves of date of the enactment of this Act; and ‘‘(A) the amount of funding that would be the failure of employers to meet their reemploy- (2) all actions or complaints filed under such necessary to provide supplemental payments ment obligations under such chapter. chapter 43 that are pending on or after the date under this section to all eligible recipients for (c) REPORT TO CONGRESS.—Not later than of the enactment of this Act. the remainder of the fiscal year in which such June 30, 2010, the Comptroller General shall sub- an estimate is made; and SEC. 403. CLARIFYING THAT USERRA PROHIBITS mit to Congress a report on the study conducted ‘‘(B) the amount that Congress would need to WAGE DISCRIMINATION AGAINST under subsection (a), including the following: appropriate to provide all eligible recipients MEMBERS OF THE ARMED FORCES. (1) The findings of the Comptroller General with supplemental payments under this section (a) IN GENERAL.—Section 4303(2) is amended with respect to such study. in the next fiscal year. by striking ‘‘other than’’ and inserting ‘‘includ- (2) The recommendations of the Comptroller ‘‘(2) On the dates described in paragraph (3), ing’’. General for the improvement of education and the Secretary shall submit to the appropriate (b) APPLICATION.—The amendment made by outreach for employers with respect to their ob- committees of Congress the estimates described subsection (a) shall apply to— ligations under chapter 43 of title 38, United in paragraph (1). States Code. (1) any failure to comply with a provision of ‘‘(3) The dates described in this paragraph are or any violation of chapter 43 of title 38, United SEC. 406. TECHNICAL AMENDMENTS. the following: States Code, that occurs before, on, or after the (a) AMENDMENT TO CONGRESSIONAL ACCOUNT- ‘‘(A) April 1 of each year. date of the enactment of this Act; and ABILITY ACT OF 1995.—Section 206(b) of the Con- ‘‘(B) July 1 of each year. (2) all actions or complaints filed under such gressional Accountability Act of 1995 (2 U.S.C. ‘‘(C) September 1 of each year. chapter 43 that are pending on or after the date 1316(b)) is amended by striking ‘‘under para- ‘‘(D) The date that is 60 days before the date of the enactment of this Act. graphs (1), (2)(A), and (3) of section 4323(c) of estimated by the Secretary on which amounts SEC. 404. REQUIREMENT THAT FEDERAL AGEN- title 38, United States Code’’ and inserting appropriated for the purposes of this section for CIES PROVIDE NOTICE TO CONTRAC- ‘‘under section 4323(d) of title 38, United States a fiscal year will be exhausted. TORS OF POTENTIAL USERRA OBLI- Code’’. ‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS GATIONS. (b) AMENDMENT TO SECTION 416 OF TITLE 3, DEFINED.—In this section, the term ‘appropriate (a) CIVILIAN AGENCIES.—The Federal Property UNITED STATES CODE.—Section 416(b) of title 3, committees of Congress’ means— and Administrative Services Act of 1949 (41 United States Code, is amended by striking ‘‘(1) the Committee on Appropriations and the U.S.C. 251 et seq.) is amended by adding at the ‘‘under paragraphs (1) and (2)(A) of section Committee on Veterans’ Affairs of the Senate; end the following new section: 4323(c) of title 38’’ and inserting ‘‘under section and 4323(d) of title 38’’. ‘‘(2) the Committee on Appropriations and the ‘‘SEC. 318. NOTICE TO CONTRACTORS OF POTEN- (c) AMENDMENT TO SECTION 4324 OF TITLE 38, TIAL OBLIGATIONS RELATING TO Committee on Veterans’ Affairs of the House of EMPLOYMENT AND REEMPLOYMENT UNITED STATES CODE.—Section 4324(b)(4) of title Representatives.’’. OF MEMBERS OF THE ARMED 38, United States Code, is amended by inserting (2) CLERICAL AMENDMENT.—The table of sec- FORCES. before the period the following: ‘‘declining to tions at the beginning of such chapter is amend- ‘‘Each contract for the procurement of prop- initiate an action and represent the person be- ed by inserting after the item related to section erty or services that is entered into by the head fore the Merit Systems Protection Board’’. 2302 the following new item: of an executive agency shall include a notice to TITLE V—BURIAL AND MEMORIAL ‘‘2302A. Funeral expenses: supplemental bene- the contractor that the contractor may have ob- MATTERS fits.’’. ligations under chapter 43 of title 38, United SEC. 501. SUPPLEMENTAL BENEFITS FOR VET- (3) AUTHORIZATION OF APPROPRIATIONS.— States Code.’’. ERANS FOR FUNERAL AND BURIAL There are authorized to be appropriated to the (b) ARMED FORCES.— EXPENSES. Secretary of Veterans Affairs such sums as may (1) IN GENERAL.—Chapter 137 of title 10, (a) FUNERAL EXPENSES.— be necessary to carry out the provisions of sec- United States Code, is amended by adding at the (1) IN GENERAL.—Chapter 23 is amended by in- tion 2302A of title 38, United States Code (as end the following new section: serting after section 2302 the following new sec- added by this subsection). tion: (b) DEATH FROM SERVICE-CONNECTED DIS- ‘‘§ 2334. Notice to contractors of potential obli- ‘‘§ 2302A. Funeral expenses: supplemental ben- ABILITY.— gations relating to employment and reem- efits (1) IN GENERAL.—Chapter 23 is amended by in- ployment of members of the armed forces serting after section 2307 the following new sec- ‘‘(a) IN GENERAL.—(1) Subject to the avail- ‘‘Each contract for the procurement of prop- tion: ability of funds specifically provided for pur- erty or services that is entered into by the head poses of this subsection in advance in an appro- ‘‘§ 2307A. Death from service-connected dis- of an executive agency shall include a notice to priations Act, whenever the Secretary makes a ability: supplemental benefits for burial the contractor that the contractor may have ob- payment for the burial and funeral of a veteran and funeral expenses ligations under chapter 43 of title 38.’’. under section 2302(a) of this title, the Secretary ‘‘(a) IN GENERAL.—(1) Subject to the avail- (2) CLERICAL AMENDMENT.—The table of sec- is also authorized and directed to pay the recipi- ability of funds specifically provided for pur- tions for such chapter is amended by adding at ent of such payment a supplemental payment poses of this subsection in advance in an appro- the end the following new item: under this section for the cost of such burial priations Act, whenever the Secretary makes a ‘‘2334. Notice to contractors of potential obliga- and funeral. payment for the burial and funeral of a veteran tions relating to employment and ‘‘(2) No supplemental payment shall be made under section 2307(1) of this title, the Secretary reemployment of members of the under this subsection if the Secretary has ex- is also authorized and directed to pay the recipi- armed forces.’’. pended all funds that were specifically provided ent of such payment a supplemental payment

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10249 under this section for the cost of such burial poses of this subsection in advance in an appro- TITLE VI—OTHER MATTERS and funeral. priations Act, whenever the Secretary makes a ‘‘(2) No supplemental payment shall be made SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST payment for the burial and funeral of a veteran TREATMENTS FOR GULF WAR ILL- under this subsection if the Secretary has ex- under section 2303(a)(1)(A) of this title, or for NESS. pended all funds that were specifically provided the burial of a veteran under paragraph (1) or (a) IN GENERAL.—The Secretary of Veterans for purposes of this subsection in an appropria- (2) of section 2303(b) of this title, the Secretary Affairs shall enter into a contract with the In- tions Act. is also authorized and directed to pay the recipi- stitute of Medicine of the National Academies to ‘‘(b) AMOUNT.—The amount of the supple- ent of such payment a supplemental payment conduct a comprehensive review of the best mental payment required by subsection (a) for under this section for the cost of such burial treatments for Gulf War Illness. any death is $2,100 (as adjusted from time to and funeral or burial, as applicable. time under subsection (c)). ‘‘(2) No supplemental plot allowance payment (b) GROUP OF MEDICAL PROFESSIONALS.—In ‘‘(c) ADJUSTMENT.—With respect to deaths shall be made under this subsection if the Sec- conducting the study required under subsection that occur in any fiscal year after fiscal year retary has expended all funds that were specifi- (a), the Institute of Medicine shall convene a 2010, the supplemental payment described in cally provided for purposes of this subsection in group of medical professionals who are experi- subsection (b) shall be equal to the sum of— an appropriations Act. enced in treating individuals diagnosed with ‘‘(1) the supplemental payment in effect under ‘‘(b) AMOUNT.—The amount of the supple- Gulf War illness as follows: subsection (b) for the preceding fiscal year (de- mental payment required by subsection (a) for (1) Members of the Armed Forces who served termined after application of this subsection), any death is $445 (as adjusted from time to time during the Persian Gulf War in the Southwest plus under subsection (c)). Asia theater of operations. ‘‘(2) the sum of the amount described in sec- ‘‘(c) ADJUSTMENT.—With respect to deaths tion 2307(1) of this title and the amount under (2) Members of the Armed Forces who served that occur in any fiscal year after fiscal year in the Post 9/11 Global Operations theaters. paragraph (1), multiplied by the percentage by 2010, the supplemental payment described in (c) REPORTS.—The contract required by sub- which— subsection (b) shall be equal to the sum of— ‘‘(A) the Consumer Price Index (all items, section (a) shall require the Institute of Medi- ‘‘(1) the supplemental payment in effect under United States city average) for the 12-month pe- cine to submit to the Secretary and to the appro- subsection (b) for the preceding fiscal year (de- riod ending on the June 30 preceding the begin- priate committees of Congress a report on the re- termined after application of this subsection), ning of the fiscal year for which the increase is view required under subsection (a) not later plus made, exceeds than December 31, 2011. The final report shall ‘‘(2) the sum of the amount described in sec- ‘‘(B) such Consumer Price Index for the 12- include such recommendations for legislative or tion 2303(a)(1)(A) of this title and the amount month period preceding the 12-month period de- administrative action as the Institute considers under paragraph (1), multiplied by the percent- scribed in subparagraph (A). appropriate in light of the results of the review. ‘‘(d) ESTIMATES.—(1) From time to time, the age by which— ‘‘(A) the Consumer Price Index (all items, (d) FUNDING.—The Secretary shall provide the Secretary shall make an estimate of— Institute of Medicine with such funds as are ‘‘(A) the amount of funding that would be United States city average) for the 12-month pe- riod ending on the June 30 preceding the begin- necessary to ensure the timely completion of the necessary to provide supplemental payments review required under subsection (a). under this section to all eligible recipients for ning of the fiscal year for which the increase is (e) DEFINITIONS.—In this section: the remainder of the fiscal year in which such made, exceeds an estimate is made; and ‘‘(B) such Consumer Price Index for the 12- (1) APPROPRIATE COMMITTEES OF CONGRESS.— ‘‘(B) the amount that Congress would need to month period preceding the 12-month period de- The term ‘‘appropriate committees of Congress’’ appropriate to provide all eligible recipients scribed in subparagraph (A). means— with supplemental payments under this section ‘‘(d) ESTIMATES.—(1) From time to time, the (A) the Committee on Veterans’ Affairs of the in the next fiscal year. Secretary shall make an estimate of— Senate; and ‘‘(A) the amount of funding that would be ‘‘(2) On the dates described in paragraph (3), (B) the Committee on Veterans’ Affairs of the necessary to provide supplemental plot allow- the Secretary shall submit to the appropriate House of Representatives. committees of Congress the estimates described ance payments under this section to all eligible (2) GULF WAR ILLNESS.—The term ‘‘Gulf War in paragraph (1). recipients for the remainder of the fiscal year in ‘‘(3) The dates described in this paragraph are which such an estimate is made; and Illness’’ means a medically unexplained chronic the following: ‘‘(B) the amount that Congress would need to multisymptom illness, such as chronic fatigue ‘‘(A) April 1 of each year. appropriate to provide all eligible recipients syndrome, fibromyalgia, and irritable bowel syn- ‘‘(B) July 1 of each year. with supplemental plot allowance payments drome, that is defined by a cluster of signs or ‘‘(C) September 1 of each year. under this section in the next fiscal year. symptoms relating to service in the Persian Gulf ‘‘(D) The date that is 60 days before the date ‘‘(2) On the dates described in paragraph (3), War or Post 9/11 Global Operations theaters. estimated by the Secretary on which amounts the Secretary shall submit to the appropriate (3) PERSIAN GULF WAR.—The term ‘‘Persian appropriated for the purposes of this section for committees of Congress the estimates described Gulf War’’ has the meaning given that term in a fiscal year will be exhausted. in paragraph (1). section 101(33) of title 38, United States Code. ‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS ‘‘(3) The dates described in this paragraph are (4) POST 9/11 GLOBAL OPERATIONS THEATERS.— DEFINED.—In this section, the term ‘appropriate the following: The term ‘‘Post 9/11 Global Operations theaters’’ committees of Congress’ means— ‘‘(A) April 1 of each year. means Afghanistan, Iraq, or any other theater ‘‘(1) the Committee on Appropriations and the ‘‘(B) July 1 of each year. in which the Global War on Terrorism Expedi- Committee on Veterans’ Affairs of the Senate; ‘‘(C) September 1 of each year. tionary Medal is awarded for service. and ‘‘(D) The date that is 60 days before the date ‘‘(2) the Committee on Appropriations and the SEC. 602. EXTENSION OF NATIONAL ACADEMY OF estimated by the Secretary on which amounts Committee on Veterans’ Affairs of the House of SCIENCES REVIEWS AND EVALUA- appropriated for the purposes of this section for Representatives.’’. TIONS REGARDING ILLNESS AND a fiscal year will be exhausted. (2) CLERICAL AMENDMENT.—The table of sec- SERVICE IN PERSIAN GULF WAR. ‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS tions at the beginning of such chapter is amend- (a) REVIEW AND EVALUATION OF TOXIC DRUGS DEFINED.—In this section, the term ‘appropriate ed by inserting after the item related to section AND ILLNESSES ASSOCIATED WITH PERSIAN GULF committees of Congress’ means— 2307 the following new item: WAR.—Section 1603(j) of the Persian Gulf War ‘‘(1) the Committee on Appropriations and the Veterans Act of 1998 (38 U.S.C. 1117 note) is ‘‘2307A. Death from service-connected disability: Committee on Veterans’ Affairs of the Senate; amended by striking ‘‘October 1, 2010’’ and in- supplemental benefits for burial and serting ‘‘October 1, 2015’’. and funeral expenses.’’. ‘‘(2) the Committee on Appropriations and the (3) AUTHORIZATION OF APPROPRIATIONS.— Committee on Veterans’ Affairs of the House of (b) REVIEW AND EVALUATION OF AVAILABLE There are authorized to be appropriated to the Representatives.’’. EVIDENCE REGARDING ILLNESS AND SERVICE IN Secretary of Veterans Affairs such sums as may (b) CLERICAL AMENDMENT.—The table of sec- PERSIAN GULF WAR.— be necessary to carry out the provisions of sec- tions at the beginning of such chapter is amend- (1) IN GENERAL.—Section 101(j) of the Veterans tion 2307A of title 38, United States Code (as ed by inserting after the item related to section Programs Enhancement Act of 1998 (Public Law added by this subsection). 2303 the following new item: 105–368; 112 Stat. 3321) is amended by striking (c) EFFECTIVE DATE.—The amendments made ‘‘2303A. Supplemental plot allowance.’’. ‘‘11 years after’’ and all that follows through by this section shall take effect on October 1, ‘‘under subsection (b)’’ and inserting ‘‘on Octo- 2009, and shall apply with respect to deaths oc- (c) EFFECTIVE DATE.—The amendments made ber 1, 2018’’. by this section shall take effect on October 1, curring on or after that date. (2) CONFORMING AMENDMENT.—Section 1604 of SEC. 502. SUPPLEMENTAL PLOT ALLOWANCES. 2009, and shall apply with respect to deaths oc- curring on or after that date. the Persian Gulf War Veterans Act of 1998 (Pub- (a) IN GENERAL.—Chapter 23 is amended by lic Law 105–277; 38 U.S.C. 1117 note) is repealed. inserting after section 2303 the following new (d) AUTHORIZATION OF APPROPRIATIONS.— section: There are authorized to be appropriated to the SEC. 603. EXTENSION OF AUTHORITY FOR RE- Secretary of Veterans Affairs such sums as may GIONAL OFFICE IN REPUBLIC OF ‘‘§ 2303A. Supplemental plot allowance be necessary to carry out the provisions of sec- THE PHILIPPINES. ‘‘(a) IN GENERAL.—(1) Subject to the avail- tion 2303A of title 38, United States Code (as Section 315(b) is amended by striking ‘‘Decem- ability of funds specifically provided for pur- added by subsection (a)). ber 31, 2009’’ and inserting ‘‘December 31, 2011’’.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10250 CONGRESSIONAL RECORD — SENATE October 7, 2009 SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL ance, often due to their service-con- cally injured on or between October 7, ASSISTANCE AVAILABLE TO INDIVID- nected injuries. This legislation would 2001, and November 30, 2005, but were UALS WHO RECEIVE BOTH SUR- VIVORS’ AND DEPENDENTS EDU- improve the Service-Disabled Veterans’ not in the OIF or OEF theaters of oper- CATIONAL ASSISTANCE AND OTHER Insurance program for totally disabled ation, will continue to be denied the VETERANS AND RELATED EDU- veterans, by providing the first in- same retroactive payment given to CATIONAL ASSISTANCE. crease in the maximum amount of sup- their wounded comrades. This legisla- (a) AGGREGATE AMOUNT AVAILABLE.—Section 3695 is amended— plemental insurance they can purchase tion would correct that inequity. (1) in subsection (a)(4), by striking ‘‘35,’’; and through SDVI since 1992. If enacted, Importantly, this legislation will (2) by adding at the end the following new the maximum amount would increase also relieve the burden on certain com- subsection: from the current level of $20,000 to bat veterans who seek to prove that ‘‘(c) The aggregate period for which any per- $30,000 for all eligible totally disabled their disabilities are service-connected. son may receive assistance under chapter 35 of veterans. The committee bill would direct VA to this title, on the one hand, and any of the pro- This legislation would also increase promulgate regulations that direct how visions of law referred to in subsection (a), on the maximum amount of Veterans’ the other hand, may not exceed 81 months (or VA should generally consider lay evi- the part-time equivalent thereof).’’. Mortgage Life Insurance that a dis- dence that is consistent with the place, (b) APPLICABILITY.—The amendment made by abled veteran may purchase. The VMLI conditions, dangers, or hardships asso- subsection (a) shall take effect on October 1, program was established in 1971 and is ciated with a particular veteran’s mili- 2010, and shall not operate to revive any entitle- available to those service-connected tary service. For example, in assessing ment to assistance under chapter 35 of title 38, disabled veterans who receive specially lay testimony concerning a claimant’s United States Code, or the provisions of law re- adapted housing grants from VA. In the exposure to sub-freezing conditions, ferred to in section 3695(a) of such title, as in ef- event of the veteran’s death, his or her fect on the day before such date, that was termi- the regulation may acknowledge that family is protected because the Depart- lay evidence, such as weather reports nated by reason of the operation of section ment of Veterans Affairs will pay the 3695(a) of such title, as so in effect, before such or contemporaneous newspaper ac- date. balance of the mortgage owed up to the counts of sub-freezing conditions, may (c) REVIVAL OF ENTITLEMENT REDUCED BY maximum amount of insurance pur- provide corroboration of exposure to chased. PRIOR UTILIZATION OF CHAPTER 35 ASSIST- the cold when a servicemember was as- In today’s housing market where, ac- ANCE.— signed to an area when sub-freezing (1) IN GENERAL.—Subject to paragraph (2), in cording to the Federal Housing Fi- the case of an individual whose period of enti- nance Board, the average mortgage conditions were present. Another ex- tlement to assistance under a provision of law loan in the United States in May 2009 ample would be in a claim alleging referred to in section 3695(a) of title 38, United was $221,200, the current maximum of hearing loss or tinnitus. Although an States Code (other than chapter 35 of such title), $90,000 in VMLI insurance protection is individual’s service record might not as in effect on September 30, 2010, was reduced include details of exposure to impro- under such section 3695(a), as so in effect, by not adequate. This bill will increase the maximum amount of insurance vised explosive devices the individual reason of the utilization of entitlement to assist- may have been assigned to a particular ance under chapter 35 of such title before Octo- that may be purchased under the VMLI ber 1, 2010, the period of entitlement to assist- program from the current maximum of unit at a particular location where lay ance of such individual under such provision $90,000 to $150,000 and then, on January evidence shows that the unit was re- shall be determined without regard to any enti- 1, 2012, from $150,000 to $200,000. peatedly exposed to IEDs. tlement so utilized by the individual under This benefits package also includes a Currently, VA provides a special de- chapter 35 of such title. provision that will expand eligibility pendency and indemnity compensation (2) LIMITATION.—The maximum period of enti- payment to a surviving spouse with tlement to assistance of an individual under for retroactive benefits from traumatic injury protection coverage under the one or more children under the age of paragraph (1) may not exceed 81 months. 18. However, these payments are not SEC. 605. TECHNICAL CORRECTION. Servicemembers’ Group Life Insurance Section 5503(c) is amended by striking ‘‘vet- program, commonly referred to as adjusted. This legislation would pro- erans’ ’’ and inserting ‘‘veteran’s’’. TSGLI. Section 1032 of Public Law 109– vide automatic cost-of-living adjust- Mr. AKAKA. Mr. President, I am 13, the Emergency Supplemental Ap- ments for these payments. pleased that the Senate is acting on S. propriations Act for Defense, the Glob- For veterans whose injuries are so 728, the proposed ‘‘Veterans’ Benefits al War on Terror, and Tsunami Relief, significant that employment is not an Enhancement Act of 2009.’’ This broad 2005, established traumatic injury pro- option, VA operates an independent benefits package will help veterans tection under the SGLI program. living rehabilitation program to help young and old, as well as their sur- TSGLI went into effect on December 1, them achieve a maximum level of inde- vivors. The amended bill contains 6 ti- 2005. Therefore, all insured service- pendence in daily life. Unfortunately, tles and 28 provisions that are designed members under SGLI from that point under current law, the number of vet- to enhance compensation, housing, forward are also insured under TSGLI erans who in any one year can enroll in labor and education, burial, and insur- and their injuries are covered regard- these programs is capped at 2,600. ance benefits for veterans. A full expla- less of where they occur. In order to While I have heard from VA that this nation of the bill is available in the provide assistance to those service- enrollment cap does not present any Committee’s report accompanying this members who suffered traumatic inju- problem for the effective conduct of legislation, Senate Report 111–71. ries on or between October 7, 2001, and the program, I remain concerned that I will highlight a few of the provi- November 30, 2005, retroactive TSGLI the effect of the cap is to put downward sions that I have sponsored in the leg- payments were authorized under sec- pressure on VA’s enrollment of eligible islation that is before us today. Before tion 1032(c) of the Supplemental Appro- veterans in this very important pro- I begin, let me state that the version priations Act to individuals whose gram. This is of particular concern before us today includes a manager’s qualifying losses were sustained ‘‘as a today, as veterans are returning from amendment that makes a slight modi- direct result of injuries incurred in Op- the current conflicts with disabilities fication on the version passed by the eration Enduring Freedom or Oper- that may require extensive periods of Committee. The amendment’s purpose ation Iraqi Freedom.’’ Under section rehabilitation and assistance in order is to pay for the bill’s burial provisions 501(b) of Public Law 109–233, the Vet- to achieve independence in their daily by extending a mandatory offset cur- erans’ Housing Opportunity and Bene- lives. This legislation would remove rently in the underlying bill. The fits Improvement Act of 2006, this defi- the 2,600 cap and allow all qualified amendment would also eliminate two nition was amended to allow retro- veterans to enroll in VA’s independent contingent entitlement provisions in active payments to individuals whose living program. the bill which are not paid for with qualifying losses were sustained ‘‘as a This legislation would provide many mandatory funds. With this amend- direct result of a traumatic injury in- other benefits that I have not men- ment incorporated, this bill would curred in the theater of operations for tioned, such as improving the lives of save, rather than cost, the American Operation Enduring Freedom and Oper- veterans and troops with severe burn taxpayers. ation Iraqi Freedom.’’ injuries and clarifying veteran and re- Many disabled veterans find it dif- However, without corrective action, servists’ employment rights. I thank ficult to obtain commercial life insur- men and women who were traumati- the members of the Veterans’ Affairs

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10251 Committee and others in this Chamber time and passed; the motions to recon- Sec. 208. Payment of dependency and indem- who have worked hard to craft the sider be laid upon the table; that upon nity compensation to survivors of many provisions in this bill. passage of H.R. 1037, S. 728 be returned former prisoners of war who died I urge our colleagues to support this to the calendar, all with no intervening on or before September 30, 1999. important legislation that would ben- action or debate. TITLE III—READJUSTMENT AND RELATED efit many of this Nation’s nearly 24 The PRESIDING OFFICER. Without BENEFIT MATTERS million veterans and their families. objection, it is so ordered. Sec. 301. Repeal of limitation on number of vet- Mr. BENNET. I ask unanimous con- The amendment was ordered to be erans enrolled in programs of independent living services and sent the committee-reported substitute engrossed and the bill to be read a assistance. amendment be considered, that an third time. Sec. 302. Eligibility of disabled veterans and Akaka amendment which is at the desk The bill (H.R. 1037), as amended, was members of the Armed Forces with be agreed to, the committee-reported read the third time and passed, as fol- severe burn injuries for auto- substitute, as amended, be agreed to, lows: mobiles and adaptive equipment. and the bill, as amended, be read a H.R. 1037 Sec. 303. Enhancement of automobile assistance allowance for veterans. Resolved, That the bill from the House of third time. Sec. 304. Payment of unpaid balances of De- Representatives (H.R. 1037) entitled ‘‘An Act The PRESIDING OFFICER. Without partment of Veterans Affairs to direct the Secretary of Veterans Affairs to objection, it is so ordered. guaranteed loans. conduct a five-year pilot project to test the The amendment (No. 2654) was agreed TITLE IV—EMPLOYMENT AND REEMPLOY- to, as follows: feasibility and advisability of expanding the scope of certain qualifying work-study ac- MENT RIGHTS OF MEMBERS OF THE UNI- On page 39, line 10, strike ‘‘September 30, tivities under title 38, United States Code.’’, FORMED SERVICES 2014’’ and insert ‘‘April 30, 2016’’. do pass with the following amendment: Sec. 401. Waiver of sovereign immunity under On page 54, strike line 18 and all that fol- Strike out all after the enacting clause and the 11th Amendment with respect lows through page 61, line 6. insert: to enforcement of USERRA. On page 61, strike line 7 and all that fol- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 402. Clarifying the definition of ‘‘successor lows through page 64, line 16, and insert the (a) SHORT TITLE.—This Act may be cited as in interest’’. following: the ‘‘Veterans’ Benefits Enhancement Act of Sec. 403. Clarifying that USERRA prohibits SEC. 501. INCREASE IN CERTAIN BURIAL AND FU- 2009’’. wage discrimination against mem- NERAL BENEFITS AND PLOT ALLOW- (b) TABLE OF CONTENTS.—The table of con- bers of the Armed Forces. ANCES FOR VETERANS. tents for this Act is as follows: Sec. 404. Requirement that Federal agencies (a) INCREASE IN BURIAL AND FUNERAL EX- provide notice to contractors of PENSES FOR DEATHS IN DEPARTMENT FACILI- Sec. 1. Short title; table of contents. Sec. 2. Reference to title 38, United States Code. potential USERRA obligations. TIES.—Section 2303(a)(1)(A) is amended by Sec. 405. Comptroller General of the United striking ‘‘$300’’ and inserting ‘‘$745 (as in- TITLE I—INSURANCE MATTERS States study on effectiveness of creased from time to time under subsection Sec. 101. Increase in amount of supplemental Federal programs of education (c))’’. insurance for totally disabled vet- and outreach on employer obliga- (b) INCREASE IN AMOUNT OF PLOT ALLOW- erans. tions under USERRA. ANCES.—Section 2303(b) is amended by strik- Sec. 102. Adjustment of coverage of dependents Sec. 406. Technical amendments. ing ‘‘$300’’ each place it appears and insert- under Servicemembers’ Group Life TITLE V—BURIAL AND MEMORIAL ing ‘‘$745 (as increased from time to time Insurance. MATTERS under subsection (c))’’. Sec. 103. Expansion of individuals qualifying (c) ANNUAL ADJUSTMENT.—Section 2303 is for retroactive benefits from trau- Sec. 501. Increase in certain burial and funeral amended by adding at the end the following matic injury protection coverage benefits and plot allowances for new subsection: under Servicemembers’ Group Life veterans. ‘‘(c) With respect to any fiscal year, the Insurance. TITLE VI—OTHER MATTERS Secretary shall provide a percentage in- Sec. 104. Consideration of loss of dominant Sec. 601. National Academies review of best crease (rounded to the nearest dollar) in the hand in prescription of schedule treatments for Gulf War Illness. burial and funeral expenses under subsection of severity of traumatic injury Sec. 602. Extension of National Academy of (a) and in the plot allowance under sub- under Servicemembers’ Group Life Sciences reviews and evaluations section (b), equal to the percentage by Insurance. regarding illness and service in which— Sec. 105. Enhancement of veterans’ mortgage Persian Gulf War. ‘‘(1) the Consumer Price Index (all items, life insurance. Sec. 603. Extension of authority for regional of- United States city average) for the 12-month TITLE II—COMPENSATION AND PENSION fice in Republic of the Phil- period ending on the June 30 preceding the MATTERS ippines. beginning of the fiscal year for which the in- Sec. 201. Cost-of-living increase for temporary Sec. 604. Aggregate amount of educational as- crease is made, exceeds dependency and indemnity com- sistance available to individuals ‘‘(2) the Consumer Price Index for the 12- pensation payable for surviving who receive both survivors’ and month period preceding the 12-month period spouses with dependent children dependents educational assistance described in paragraph (1).’’. under the age of 18. and other veterans and related (d) EFFECTIVE DATE.— Sec. 202. Eligibility of veterans 65 years of age educational assistance. (1) IN GENERAL.—Except as provided in or older for service pension for a Sec. 605. Technical correction. paragraph (2), the amendments made by this period of war. SEC. 2. REFERENCE TO TITLE 38, UNITED STATES section shall apply with respect to deaths oc- Sec. 203. Clarification of additional require- CODE. curring on or after October 1, 2010. ments for consideration to be af- Except as otherwise expressly provided, when- (2) PROHIBITION ON COST-OF-LIVING ADJUST- forded time, place, and cir- ever in this Act an amendment or repeal is ex- MENT FOR FISCAL YEAR 2011.—No adjustments cumstances of service in deter- pressed in terms of an amendment to, or repeal shall be made under section 2303(c) of title minations regarding service-con- of, a section or other provision, the reference 38, United States Code, as added by sub- nected disabilities. shall be considered to be made to a section or section (c), for fiscal year 2011. Sec. 204. Extension of reduced pension for cer- other provision of title 38, United States Code. The committee amendment in the tain veterans covered by Medicaid TITLE I—INSURANCE MATTERS nature of a substitute, as amended, was plans for services furnished by SEC. 101. INCREASE IN AMOUNT OF SUPPLE- agreed to. nursing facilities. MENTAL INSURANCE FOR TOTALLY Sec. 205. Enhancement of disability compensa- DISABLED VETERANS. The bill (S. 728), as amended, was or- tion for certain disabled veterans dered to be engrossed for a third read- Section 1922A(a) is amended by striking with difficulties using prostheses ‘‘$20,000’’ and inserting ‘‘$30,000’’. ing and was read the third time. and disabled veterans in need of SEC. 102. ADJUSTMENT OF COVERAGE OF DE- Mr. BENNET. I now ask unanimous regular aid and attendance for re- PENDENTS UNDER consent that the Committee on Vet- siduals of traumatic brain injury. SERVICEMEMBERS’ GROUP LIFE IN- erans’ Affairs be discharged from fur- Sec. 206. Commencement of period of payment SURANCE. ther consideration of H.R. 1037 and the of original awards of compensa- Clause (ii) of section 1968(a)(5)(B) is amended Senate proceed to its consideration; tion for veterans retired or sepa- to read as follows: rated from the uniformed services ‘‘(ii)(I) in the case of a member of the Ready that all after the enacting clause be for catastrophic disability. Reserve of a uniformed service who meets the stricken and the text of S. 728, as Sec. 207. Applicability of limitation to pension qualifications set forth in subparagraph (B) or amended, be inserted in lieu thereof; payable to certain children of vet- (C) of section 1965(5) of this title, 120 days after the bill, as amended, be read a third erans of a period of war. separation or release from such assignment; or

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10252 CONGRESSIONAL RECORD — SENATE October 7, 2009 ‘‘(II) in the case of any other member of the curity Act (42 U.S.C. 401 et seq.) as a result of SEC. 205. ENHANCEMENT OF DISABILITY COM- uniformed services, 120 days after the date of a determination made under section 215(i) of PENSATION FOR CERTAIN DISABLED the member’s separation or release from the uni- such Act (42 U.S.C. 415(i)), the Secretary shall, VETERANS WITH DIFFICULTIES formed services; or’’. effective on the date of such increase in benefit USING PROSTHESES AND DISABLED VETERANS IN NEED OF REGULAR SEC. 103. EXPANSION OF INDIVIDUALS QUALI- amounts, increase the amount payable under AID AND ATTENDANCE FOR RESIDU- FYING FOR RETROACTIVE BENEFITS paragraph (1), as such amount was in effect im- ALS OF TRAUMATIC BRAIN INJURY. FROM TRAUMATIC INJURY PROTEC- mediately prior to the date of such increase in (a) VETERANS SUFFERING ANATOMICAL LOSS TION COVERAGE UNDER benefit amounts, by the same percentage as the OF HANDS, ARMS, OR LEGS.—Section 1114 is SERVICEMEMBERS’ GROUP LIFE IN- percentage by which such benefit amounts are SURANCE. amended— increased. Any increase in a dollar amount (1) in subsection (m)— (a) IN GENERAL.—Paragraph (1) of section under this paragraph shall be rounded down to (A) by striking ‘‘at a level, or with complica- 501(b) of the Veterans’ Housing Opportunity the next lower whole dollar amount.’’. tions,’’ and inserting ‘‘with factors’’; and and Benefits Improvement Act of 2006 (Public SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF (B) by striking ‘‘at levels, or with complica- Law 109–233; 120 Stat. 414; 38 U.S.C. 1980A note) AGE OR OLDER FOR SERVICE PEN- tions,’’ and inserting ‘‘with factors’’; is amended by striking ‘‘, if, as determined by SION FOR A PERIOD OF WAR. (2) in subsection (n)— the Secretary concerned, that loss was a direct (a) IN GENERAL.—Section 1513 is amended— (A) by striking ‘‘at levels, or with complica- result of a traumatic injury incurred in the the- (1) in subsection (a), by striking ‘‘by section tions,’’ and inserting ‘‘with factors’’; ater of operations for Operation Enduring Free- 1521’’ and all that follows and inserting ‘‘by (B) by striking ‘‘so near the hip as to’’ and in- dom or Operation Iraqi Freedom’’. subsection (b), (c), (f)(1), (f)(5), or (g) of that serting ‘‘with factors that’’; and (b) CONFORMING AMENDMENT.—The heading section, as the case may be and as increased (C) by striking ‘‘so near the shoulder and hip of such section is amended by striking ‘‘IN OP- from time to time under section 5312 of this as to’’ and inserting ‘‘with factors that’’; and ERATION ENDURING FREEDOM AND OPERATION title.’’; (3) in subsection (o), by striking ‘‘so near the IRAQI FREEDOM’’. (2) by redesignating subsection (b) as sub- shoulder as to’’ and inserting ‘‘with factors (c) EFFECTIVE DATE.—The amendments made section (c); and that’’. (3) by inserting after subsection (a) the fol- by this section shall take effect on October 1, (b) VETERANS WITH SERVICE-CONNECTED DIS- lowing new subsection (b): 2010. ABILITIES IN NEED OF REGULAR AID AND AT- ‘‘(b) The conditions in subsections (h) and (i) SEC. 104. CONSIDERATION OF LOSS OF DOMI- TENDANCE FOR RESIDUALS OF TRAUMATIC BRAIN of section 1521 of this title shall apply to deter- NANT HAND IN PRESCRIPTION OF INJURY.— SCHEDULE OF SEVERITY OF TRAU- minations of income and maximum payments of (1) IN GENERAL.—Such section is further MATIC INJURY UNDER pension for purposes of this section.’’. SERVICEMEMBERS’ GROUP LIFE IN- (b) APPLICABILITY.—The amendments made by amended— SURANCE. this section shall apply with respect to any (A) in subsection (p), by striking the semicolon (a) IN GENERAL.—Section 1980A(d) is amend- claim for pension filed on or after the date of at the end and inserting a period; and ed— the enactment of this Act. (B) by adding at the end the following new subsection: (1) by striking ‘‘Payments under’’ and insert- SEC. 203. CLARIFICATION OF ADDITIONAL RE- ing ‘‘(1) Payments under’’; and QUIREMENTS FOR CONSIDERATION ‘‘(t) Subject to section 5503(c) of this title, if (2) by adding at the end the following new TO BE AFFORDED TIME, PLACE, AND any veteran, as the result of service-connected paragraph: CIRCUMSTANCES OF SERVICE IN DE- disability, is in need of regular aid and attend- ‘‘(2) As the Secretary considers appropriate, TERMINATIONS REGARDING SERV- ance for the residuals of traumatic brain injury, the schedule required by paragraph (1) may dis- ICE-CONNECTED DISABILITIES. is not eligible for compensation under subsection tinguish in specifying payments for qualifying (a) IN GENERAL.—Subsection (a) of section (r)(2), and in the absence of such regular aid losses between the severity of a qualifying loss 1154 is amended to read as follows: and attendance would require hospitalization, ‘‘(a) The Secretary shall include in the regula- of a dominant hand and a qualifying loss of a nursing home care, or other residential institu- tions pertaining to service-connection of disabil- nondominant hand.’’. tional care, the veteran shall be paid, in addi- ities the following: tion to any other compensation under this sec- (b) PAYMENTS FOR QUALIFYING LOSSES IN- ‘‘(1) Provisions requiring that, in each case CURRED BEFORE DATE OF ENACTMENT.— tion, a monthly aid and attendance allowance where a veteran is seeking service-connection equal to the rate described in subsection (r)(2), (1) IN GENERAL.—The Secretary of Veterans for any disability, due consideration shall be Affairs shall prescribe in regulations mecha- which for purposes of section 1134 of this title given to the places, types, and circumstances of shall be considered as additional compensation nisms for payments under section 1980A of title such veteran’s service as shown by— 38, United States Code, for qualifying losses in- payable for disability. An allowance authorized ‘‘(A) such veteran’s service record; under this subsection shall be paid in lieu of curred before the date of the enactment of this ‘‘(B) the official history of each organization any allowance authorized by subsection (r)(1).’’. Act by reason of the requirements of paragraph in which such veteran served; (2) of subsection (d) of such section (as added by ‘‘(C) such veteran’s medical records; and (2) CONFORMING AMENDMENT.—Section 5503(c) subsection (a)(2) of this section). ‘‘(D) all pertinent medical and lay evidence. is amended by striking ‘‘in section 1114(r)’’ and (2) QUALIFYING LOSS DEFINED.—In this sub- ‘‘(2) Provisions generally recognizing cir- inserting ‘‘in subsection (r) or (t) of section section, the term ‘‘qualifying loss’’ means— cumstances in which lay evidence consistent 1114’’. (A) a loss specified in the second sentence of with the place, conditions, dangers, or hard- (c) EFFECTIVE DATE.—The amendments made subsection (b)(1) of section 1980A of title 38, ships associated with particular military service by this section shall take effect on August 31, United States Code; and does not require confirmatory official documen- 2010. (B) any other loss specified by the Secretary tary evidence in order to establish the occur- SEC. 206. COMMENCEMENT OF PERIOD OF PAY- of Veterans Affairs pursuant to the first sen- rence of an event or exposure during active mili- MENT OF ORIGINAL AWARDS OF tence of that subsection. tary, naval, or air service. COMPENSATION FOR VETERANS RE- ‘‘(3) The provisions required by section 5 of TIRED OR SEPARATED FROM THE SEC. 105. ENHANCEMENT OF VETERANS’ MORT- UNIFORMED SERVICES FOR CATA- GAGE LIFE INSURANCE. the Veterans’ Dioxin and Radiation Exposure STROPHIC DISABILITY. Compensation Standards Act (Public Law 98– (a) IN GENERAL.—Section 2106(b) is amended (a) COMMENCEMENT OF PERIOD OF PAY- 542; 98 Stat. 2727).’’. by striking ‘‘$90,000’’ and inserting ‘‘$150,000, or MENT.—Subsection (a) of section 5111 is amend- (b) REGULATIONS.— $200,000 after January 1, 2012,’’. ed— (1) IN GENERAL.—Not later than 210 days after (b) EFFECTIVE DATE.—The amendment made the date of the enactment of this Act, the Sec- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; by subsection (a) shall take effect on October 1, (2) in paragraph (1), as designated by para- retary of Veterans Affairs shall promulgate reg- 2010. graph (1) of this subsection, by striking ‘‘in sub- ulations to implement section 1154(a)(2) of title section (c) of this section’’ and inserting ‘‘in TITLE II—COMPENSATION AND PENSION 38, United States Code, as added by subsection paragraph (2) of this subsection and subsection MATTERS (a). (c)’’; and SEC. 201. COST-OF-LIVING INCREASE FOR TEM- (2) INTERIM REGULATIONS.—In the case that PORARY DEPENDENCY AND INDEM- the Secretary is unable to promulgate final reg- (3) by adding at the end the following new NITY COMPENSATION PAYABLE FOR ulations under paragraph (1) on or before the paragraph: SURVIVING SPOUSES WITH DEPEND- date that is 210 days after the date of the enact- ‘‘(2)(A) In the case of a veteran who is retired ENT CHILDREN UNDER THE AGE OF ment of this Act, the Secretary shall promulgate or separated from the active military, naval, or 18. interim regulations on or before such date to be air service for a catastrophic disability or dis- Section 1311(f) is amended— in effect until such time as the Secretary pro- abilities, payment of monetary benefits based on (1) in paragraph (1), by inserting ‘‘(as in- mulgates final regulations. an award of compensation based on an original creased from time to time under paragraph (4))’’ claim shall be made as of the date on which SEC. 204. EXTENSION OF REDUCED PENSION FOR after ‘‘$250’’; CERTAIN VETERANS COVERED BY such award becomes effective as provided under (2) by redesignating paragraph (4) as para- MEDICAID PLANS FOR SERVICES section 5110 of this title or another applicable graph (5); and FURNISHED BY NURSING FACILI- provision of law. (3) by inserting after paragraph (3) the fol- TIES. ‘‘(B) In this paragraph, the term ‘catastrophic lowing new paragraph (4): Section 5503(d)(7) is amended by striking disability’, with respect to a veteran, means a ‘‘(4) Whenever there is an increase in benefit ‘‘September 30, 2011’’ and inserting ‘‘April 30, permanent, severely disabling injury, disorder, amounts payable under title II of the Social Se- 2016’’. or disease that compromises the ability of the

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veteran to carry out the activities of daily living (c) EFFECTIVE DATE.—The amendments made (b) APPLICATION.—The amendments made by to such a degree that the veteran requires per- by this section shall take effect on October 1, subsection (a) shall apply to— sonal or mechanical assistance to leave home or 2010. (1) any failure to comply with a provision of bed, or requires constant supervision to avoid SEC. 303. ENHANCEMENT OF AUTOMOBILE AS- or any violation of chapter 43 of title 38, United physical harm to self or others.’’. SISTANCE ALLOWANCE FOR VET- States Code, that occurs before, on, or after the (b) EFFECTIVE DATE.—The amendments made ERANS. date of the enactment of this Act; and by subsection (a) shall take effect on the date of (a) INCREASE IN AMOUNT OF ALLOWANCE.— (2) all actions or complaints filed under such the enactment of this Act and shall apply with Subsection (a) of section 3902 is amended by chapter 43 that are commenced after the date of respect to awards of compensation based on striking ‘‘$11,000’’ and inserting ‘‘$22,500 (as ad- the enactment of this Act. original claims that become effective on or after justed from time to time under subsection (e))’’. SEC. 402. CLARIFYING THE DEFINITION OF ‘‘SUC- that date. (b) ANNUAL ADJUSTMENT.—Such section is fur- CESSOR IN INTEREST’’. (c) TECHNICAL CORRECTION REGARDING WAIV- ther amended by adding at the end the fol- (a) IN GENERAL.—Section 4303(4) is amended ER OF RETIRED PAY.—Section 5305 is amended lowing new subsection: by adding at the end the following new sub- by striking ‘‘section 1414’’ and inserting ‘‘sec- ‘‘(e)(1) Effective on October 1 of each year (be- paragraph: tions 1212(d)(2) and 1414’’. ginning in 2011), the Secretary shall increase the ‘‘(D)(i) Whether the term ‘successor in inter- SEC. 207. APPLICABILITY OF LIMITATION TO PEN- dollar amount in effect under subsection (a) to est’ applies with respect to an entity described SION PAYABLE TO CERTAIN CHIL- an amount equal to 80 percent of the average re- in subparagraph (A) for purposes of clause (iv) DREN OF VETERANS OF A PERIOD OF tail cost of new automobiles for the preceding of such subparagraph shall be determined on a WAR. calendar year. case-by-case basis using a multi-factor test that Section 5503(d)(5) is amended— ‘‘(2) The Secretary shall establish the method considers the following factors: (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and for determining the average retail cost of new ‘‘(I) Substantial continuity of business oper- (2) by adding at the end the following new automobiles for purposes of this subsection. The ations. subparagraph: Secretary may use data developed in the private ‘‘(II) Use of the same or similar facilities. ‘‘(B) The provisions of this subsection shall sector if the Secretary determines the data is ap- ‘‘(III) Continuity of work force. apply with respect to a child entitled to pension propriate for purposes of this subsection.’’. ‘‘(IV) Similarity of jobs and working condi- under section 1542 of this title in the same man- (c) EFFECTIVE DATE.—The amendments made tions. ner as they apply to a veteran having neither by this section shall take effect on October 1, ‘‘(V) Similarity of supervisory personnel. spouse nor child.’’. 2010. ‘‘(VI) Similarity of machinery, equipment, and SEC. 208. PAYMENT OF DEPENDENCY AND INDEM- SEC. 304. PAYMENT OF UNPAID BALANCES OF DE- production methods. NITY COMPENSATION TO SURVIVORS PARTMENT OF VETERANS AFFAIRS ‘‘(VII) Similarity of products or services. GUARANTEED LOANS. OF FORMER PRISONERS OF WAR ‘‘(ii) The entity’s lack of notice or awareness WHO DIED ON OR BEFORE SEP- Section 3732(a)(2) is amended— TEMBER 30, 1999. (1) by striking ‘‘Before suit’’ and inserting of a potential or pending claim under this chap- Section 1318(b)(3) is amended by striking ‘‘(A) Before suit’’; and ter at the time of a merger, acquisition, or other ‘‘who died after September 30, 1999,’’. (2) by adding at the end the following new form of succession shall not be considered when subparagraph: applying the multi-factor test under clause (i).’’. TITLE III—READJUSTMENT AND RELATED (b) APPLICATION.—The amendment made by BENEFIT MATTERS ‘‘(B) In the event that a housing loan guaran- teed under this chapter is modified under the subsection (a) shall apply to— SEC. 301. REPEAL OF LIMITATION ON NUMBER OF authority provided under section 1322(b) of title (1) any failure to comply with a provision of VETERANS ENROLLED IN PROGRAMS 11, the Secretary may pay the holder of the obli- or any violation of chapter 43 of title 38, United OF INDEPENDENT LIVING SERVICES States Code, that occurs before, on, or after the AND ASSISTANCE. gation the unpaid balance of the obligation due as of the date of the filing of the petition under date of the enactment of this Act; and (a) IN GENERAL.—Section 3120 is amended— (2) all actions or complaints filed under such (1) by striking subsection (e); and title 11 plus accrued interest, but only upon the assignment, transfer, and delivery to the Sec- chapter 43 that are pending on or after the date (2) by redesignating subsection (f) as sub- of the enactment of this Act. section (e). retary (in a form and manner satisfactory to the SEC. 403. CLARIFYING THAT USERRA PROHIBITS (b) CONFORMING AMENDMENT.—Subsection (a) Secretary) of all rights, interest, claims, evi- dence, and records with respect to the housing WAGE DISCRIMINATION AGAINST of such section is amended by striking ‘‘de- MEMBERS OF THE ARMED FORCES. scribed in subsection (f)’’ and inserting ‘‘de- loan.’’. (a) IN GENERAL.—Section 4303(2) is amended scribed in subsection (e)’’. TITLE IV—EMPLOYMENT AND REEMPLOY- by striking ‘‘other than’’ and inserting ‘‘includ- SEC. 302. ELIGIBILITY OF DISABLED VETERANS MENT RIGHTS OF MEMBERS OF THE ing’’. AND MEMBERS OF THE ARMED UNIFORMED SERVICES (b) APPLICATION.—The amendment made by FORCES WITH SEVERE BURN INJU- SEC. 401. WAIVER OF SOVEREIGN IMMUNITY subsection (a) shall apply to— RIES FOR AUTOMOBILES AND UNDER THE 11TH AMENDMENT WITH ADAPTIVE EQUIPMENT. (1) any failure to comply with a provision of RESPECT TO ENFORCEMENT OF or any violation of chapter 43 of title 38, United (a) ELIGIBILITY.—Paragraph (1) of section USERRA. States Code, that occurs before, on, or after the 3901 is amended— (a) IN GENERAL.—Section 4323 is amended— (1) in subparagraph (A)— (1) in subsection (b) by striking paragraph (2) date of the enactment of this Act; and (A) in the matter preceding clause (i), by and inserting the following new paragraph: (2) all actions or complaints filed under such striking ‘‘in subclause (i), (ii), or (iii) below’’ ‘‘(2) In the case of an action against a State chapter 43 that are pending on or after the date and inserting ‘‘in clause (i), (ii), (iii), or (iv) of (as an employer) by a person, the action may be of the enactment of this Act. this subparagraph’’; and brought in the appropriate district court of the SEC. 404. REQUIREMENT THAT FEDERAL AGEN- (B) by adding at the end the following new United States or State court of competent juris- CIES PROVIDE NOTICE TO CONTRAC- clause: diction.’’; TORS OF POTENTIAL USERRA OBLI- GATIONS. ‘‘(iv) A severe burn injury (as determined pur- (2) by redesignating subsection (i) as sub- (a) CIVILIAN AGENCIES.—The Federal Property suant to regulations prescribed by the Sec- section (j); and and Administrative Services Act of 1949 (41 retary).’’; and (3) by inserting after subsection (h) the fol- U.S.C. 251 et seq.) is amended by adding at the (2) in subparagraph (B), by striking ‘‘sub- lowing new subsection (i): end the following new section: clause (i), (ii), or (iii) of clause (A) of this para- ‘‘(i) WAIVER OF STATE SOVEREIGN IMMU- graph’’ and inserting ‘‘clause (i), (ii), (iii), or NITY.—(1) A State’s receipt or use of Federal fi- ‘‘SEC. 318. NOTICE TO CONTRACTORS OF POTEN- (iv) of subparagraph (A)’’. nancial assistance for any program or activity TIAL OBLIGATIONS RELATING TO EMPLOYMENT AND REEMPLOYMENT (b) STYLISTIC AMENDMENTS.—Such section is of a State shall constitute a waiver of sovereign OF MEMBERS OF THE ARMED further amended— immunity, under the 11th amendment to the FORCES. (1) in the matter preceding paragraph (1), by Constitution or otherwise, to a suit brought by— ‘‘Each contract for the procurement of prop- striking ‘‘chapter—’’ and inserting ‘‘chapter:’’; ‘‘(A) a person who is or was an employee in erty or services that is entered into by the head (2) in paragraph (1)— that program or activity for the rights or bene- of an executive agency shall include a notice to (A) in the matter preceding subparagraph (A), fits authorized the person by this chapter; the contractor that the contractor may have ob- by striking ‘‘means—’’ and inserting ‘‘means the ‘‘(B) a person applying to be such an em- ligations under chapter 43 of title 38, United following:’’; ployee in that program or activity for the rights States Code.’’. (B) in subparagraph (A)— or benefits authorized the person by this chap- (b) ARMED FORCES.— (i) in the matter preceding clause (i), by strik- ter; or (1) IN GENERAL.—Chapter 137 of title 10, ing ‘‘any veteran’’ and inserting ‘‘Any vet- ‘‘(C) a person seeking reemployment as an em- United States Code, is amended by adding at the eran’’; ployee in that program or activity for the rights end the following new section: (ii) in clauses (i) and (ii), by striking the semi- or benefits authorized the person by this chap- colon at the end and inserting a period; and ter. ‘‘§ 2334. Notice to contractors of potential obli- (iii) in clause (iii), by striking ‘‘; or’’ and in- ‘‘(2) In this subsection, the term ‘program or gations relating to employment and reem- serting a period; and activity’ has the meaning given that term in sec- ployment of members of the armed forces (C) in subparagraph (B), by striking ‘‘any tion 309 of the Age Discrimination Act of 1975 ‘‘Each contract for the procurement of prop- member’’ and inserting ‘‘Any member’’. (42 U.S.C. 6107).’’. erty or services that is entered into by the head

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of an executive agency shall include a notice to (c) ANNUAL ADJUSTMENT.—Section 2303 is WAR.—Section 1603(j) of the Persian Gulf War the contractor that the contractor may have ob- amended by adding at the end the following Veterans Act of 1998 (38 U.S.C. 1117 note) is ligations under chapter 43 of title 38.’’. new subsection: amended by striking ‘‘October 1, 2010’’ and in- (2) CLERICAL AMENDMENT.—The table of sec- ‘‘(c) With respect to any fiscal year, the Sec- serting ‘‘October 1, 2015’’. tions for such chapter is amended by adding at retary shall provide a percentage increase (b) REVIEW AND EVALUATION OF AVAILABLE the end the following new item: (rounded to the nearest dollar) in the burial and EVIDENCE REGARDING ILLNESS AND SERVICE IN ‘‘2334. Notice to contractors of potential obliga- funeral expenses under subsection (a) and in PERSIAN GULF WAR.— tions relating to employment and the plot allowance under subsection (b), equal (1) IN GENERAL.—Section 101(j) of the Veterans reemployment of members of the to the percentage by which— Programs Enhancement Act of 1998 (Public Law armed forces.’’. ‘‘(1) the Consumer Price Index (all items, 105–368; 112 Stat. 3321) is amended by striking United States city average) for the 12-month pe- SEC. 405. COMPTROLLER GENERAL OF THE ‘‘11 years after’’ and all that follows through UNITED STATES STUDY ON EFFEC- riod ending on the June 30 preceding the begin- ‘‘under subsection (b)’’ and inserting ‘‘on Octo- TIVENESS OF FEDERAL PROGRAMS ning of the fiscal year for which the increase is ber 1, 2018’’. OF EDUCATION AND OUTREACH ON made, exceeds (2) CONFORMING AMENDMENT.—Section 1604 of EMPLOYER OBLIGATIONS UNDER ‘‘(2) the Consumer Price Index for the 12- the Persian Gulf War Veterans Act of 1998 (Pub- USERRA. month period preceding the 12-month period de- lic Law 105–277; 38 U.S.C. 1117 note) is repealed. (a) STUDY REQUIRED.—The Comptroller Gen- scribed in paragraph (1).’’. SEC. 603. EXTENSION OF AUTHORITY FOR RE- eral of the United States shall conduct a study (d) EFFECTIVE DATE.— GIONAL OFFICE IN REPUBLIC OF on the effectiveness of Federal programs of edu- (1) IN GENERAL.—Except as provided in para- THE PHILIPPINES. cation and outreach on employer obligations graph (2), the amendments made by this section Section 315(b) is amended by striking ‘‘Decem- under chapter 43 of title 38, United States Code. shall apply with respect to deaths occurring on ber 31, 2009’’ and inserting ‘‘December 31, 2011’’. (b) CONTENTS OF STUDY.—In carrying out the or after October 1, 2010. SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL study required by subsection (a), the Comp- (2) PROHIBITION ON COST-OF-LIVING ADJUST- ASSISTANCE AVAILABLE TO INDIVID- troller General shall— MENT FOR FISCAL YEAR 2011.—No adjustments UALS WHO RECEIVE BOTH SUR- (1) assess current practices and procedures of shall be made under section 2303(c) of title 38, VIVORS’ AND DEPENDENTS EDU- Federal agencies for educating employers about United States Code, as added by subsection (c), CATIONAL ASSISTANCE AND OTHER their obligations under chapter 43 of title 38, for fiscal year 2011. VETERANS AND RELATED EDU- CATIONAL ASSISTANCE. United States Code; TITLE VI—OTHER MATTERS (2) identify best practices for bringing the em- (a) AGGREGATE AMOUNT AVAILABLE.—Section SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST ployment practices of small businesses into com- 3695 is amended— TREATMENTS FOR GULF WAR ILL- (1) in subsection (a)(4), by striking ‘‘35,’’; and pliance with such chapter; NESS. (2) by adding at the end the following new (3) determine whether the Employer Support (a) IN GENERAL.—The Secretary of Veterans for the Guard and Reserve, the Small Business subsection: Affairs shall enter into a contract with the In- ‘‘(c) The aggregate period for which any per- Administration, or other agencies could collabo- stitute of Medicine of the National Academies to son may receive assistance under chapter 35 of rate to develop a program to educate employers conduct a comprehensive review of the best this title, on the one hand, and any of the pro- regarding their obligations under such chapter; treatments for Gulf War Illness. visions of law referred to in subsection (a), on and (b) GROUP OF MEDICAL PROFESSIONALS.—In the other hand, may not exceed 81 months (or (4) determine the effect on recruitment and re- conducting the study required under subsection tention in the National Guard and Reserves of the part-time equivalent thereof).’’. (a), the Institute of Medicine shall convene a (b) APPLICABILITY.—The amendment made by the failure of employers to meet their reemploy- group of medical professionals who are experi- subsection (a) shall take effect on October 1, ment obligations under such chapter. enced in treating individuals diagnosed with 2010, and shall not operate to revive any entitle- (c) REPORT TO CONGRESS.—Not later than Gulf War illness as follows: June 30, 2010, the Comptroller General shall sub- ment to assistance under chapter 35 of title 38, (1) Members of the Armed Forces who served United States Code, or the provisions of law re- mit to Congress a report on the study conducted during the Persian Gulf War in the Southwest under subsection (a), including the following: ferred to in section 3695(a) of such title, as in ef- Asia theater of operations. fect on the day before such date, that was termi- (1) The findings of the Comptroller General (2) Members of the Armed Forces who served nated by reason of the operation of section with respect to such study. in the Post 9/11 Global Operations theaters. 3695(a) of such title, as so in effect, before such (2) The recommendations of the Comptroller (c) REPORTS.—The contract required by sub- General for the improvement of education and section (a) shall require the Institute of Medi- date. EVIVAL OF ENTITLEMENT REDUCED BY outreach for employers with respect to their ob- cine to submit to the Secretary and to the appro- (c) R PRIOR UTILIZATION OF CHAPTER 35 ASSIST- ligations under chapter 43 of title 38, United priate committees of Congress a report on the re- ANCE.— States Code. view required under subsection (a) not later (1) IN GENERAL.—Subject to paragraph (2), in SEC. 406. TECHNICAL AMENDMENTS. than December 31, 2011. The final report shall the case of an individual whose period of enti- (a) AMENDMENT TO CONGRESSIONAL ACCOUNT- include such recommendations for legislative or tlement to assistance under a provision of law ABILITY ACT OF 1995.—Section 206(b) of the Con- administrative action as the Institute considers referred to in section 3695(a) of title 38, United gressional Accountability Act of 1995 (2 U.S.C. appropriate in light of the results of the review. States Code (other than chapter 35 of such title), 1316(b)) is amended by striking ‘‘under para- (d) FUNDING.—The Secretary shall provide the as in effect on September 30, 2010, was reduced graphs (1), (2)(A), and (3) of section 4323(c) of Institute of Medicine with such funds as are under such section 3695(a), as so in effect, by title 38, United States Code’’ and inserting necessary to ensure the timely completion of the reason of the utilization of entitlement to assist- ‘‘under section 4323(d) of title 38, United States review required under subsection (a). ance under chapter 35 of such title before Octo- Code’’. (e) DEFINITIONS.—In this section: ber 1, 2010, the period of entitlement to assist- (b) AMENDMENT TO SECTION 416 OF TITLE 3, (1) APPROPRIATE COMMITTEES OF CONGRESS.— ance of such individual under such provision UNITED STATES CODE.—Section 416(b) of title 3, The term ‘‘appropriate committees of Congress’’ United States Code, is amended by striking means— shall be determined without regard to any enti- ‘‘under paragraphs (1) and (2)(A) of section (A) the Committee on Veterans’ Affairs of the tlement so utilized by the individual under 4323(c) of title 38’’ and inserting ‘‘under section Senate; and chapter 35 of such title. (2) LIMITATION.—The maximum period of enti- 4323(d) of title 38’’. (B) the Committee on Veterans’ Affairs of the tlement to assistance of an individual under (c) AMENDMENT TO SECTION 4324 OF TITLE 38, House of Representatives. (2) GULF WAR ILLNESS.—The term ‘‘Gulf War paragraph (1) may not exceed 81 months. UNITED STATES CODE.—Section 4324(b)(4) of title 38, United States Code, is amended by inserting Illness’’ means a medically unexplained chronic SEC. 605. TECHNICAL CORRECTION. before the period the following: ‘‘declining to multisymptom illness, such as chronic fatigue Section 5503(c) is amended by striking ‘‘vet- initiate an action and represent the person be- syndrome, fibromyalgia, and irritable bowel syn- erans’ ’’ and inserting ‘‘veteran’s’’. drome, that is defined by a cluster of signs or fore the Merit Systems Protection Board’’. f symptoms relating to service in the Persian Gulf TITLE V—BURIAL AND MEMORIAL War or Post 9/11 Global Operations theaters. NATIONAL RUNAWAY PREVENTION MATTERS (3) PERSIAN GULF WAR.—The term ‘‘Persian MONTH SEC. 501. INCREASE IN CERTAIN BURIAL AND FU- Gulf War’’ has the meaning given that term in NERAL BENEFITS AND PLOT ALLOW- section 101(33) of title 38, United States Code. Mr. BENNET. Mr. President, I ask ANCES FOR VETERANS. (4) POST 9/11 GLOBAL OPERATIONS THEATERS.— unanimous consent that the Senate (a) INCREASE IN BURIAL AND FUNERAL EX- The term ‘‘Post 9/11 Global Operations theaters’’ now proceed to consideration of S. Res. PENSES FOR DEATHS IN DEPARTMENT FACILI- means Afghanistan, Iraq, or any other theater 308, which was submitted earlier today. TIES.—Section 2303(a)(1)(A) is amended by strik- in which the Global War on Terrorism Expedi- The PRESIDING OFFICER. The ing ‘‘$300’’ and inserting ‘‘$745 (as increased tionary Medal is awarded for service. clerk will report the resolution by from time to time under subsection (c))’’. SEC. 602. EXTENSION OF NATIONAL ACADEMY OF title. (b) INCREASE IN AMOUNT OF PLOT ALLOW- SCIENCES REVIEWS AND EVALUA- ANCES.—Section 2303(b) is amended by striking TIONS REGARDING ILLNESS AND The legislative clerk read as follows: ‘‘$300’’ each place it appears and inserting ‘‘$745 SERVICE IN PERSIAN GULF WAR. A resolution (S. Res. 308) recognizing and (as increased from time to time under subsection (a) REVIEW AND EVALUATION OF TOXIC DRUGS supporting the goals and ideals of National (c))’’. AND ILLNESSES ASSOCIATED WITH PERSIAN GULF Runaway Prevention Month.

VerDate Nov 24 2008 05:13 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S07OC9.REC S07OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 7, 2009 CONGRESSIONAL RECORD — SENATE S10255 There being no objection, the Senate families and link youth to local resources ate completes its business today, it ad- proceeded to consider the resolution. that provide positive alternatives to running journ until 9:30 a.m. tomorrow, Thurs- Mr. BENNET. I ask unanimous con- away from home; and day, October 8; that following the pray- sent the resolution be agreed to, the Whereas during the month of November, er and pledge, the Journal of pro- preamble be agreed to, and the motions the National Network for Youth and the Na- tional Runaway Switchboard are co-spon- ceedings be approved to date, the to reconsider be laid upon the table. soring National Runaway Prevention Month, morning hour be deemed expired, the The PRESIDING OFFICER. Without in order to increase public awareness of the time for the two leaders be reserved for objection, it is so ordered. circumstances faced by youth in high-risk their use later in the day, and the Sen- The resolution (S. Res. 308) was situations and to address the need to provide ate proceed to a period of morning agreed to. resources and support for safe, healthy, and business for 1 hour, with Senators per- The preamble was agreed to. productive alternatives for at-risk youth, mitted to speak therein for up to 10 The resolution, with its preamble, their families, and their communities: Now, minutes each, with the time equally di- reads as follows: therefore, be it Resolved, That the Senate recognizes and vided and controlled between the two S. RES. 308 supports the goals and ideals of National leaders or their designees, with the Re- Whereas the number of runaway and home- Runaway Prevention Month. publicans controlling the first half and less youth in the United States is staggering, the majority controlling the final half; with studies suggesting that between f that following morning business, the 1,600,000 and 2,800,000 youth live on the EXECUTIVE SESSION streets each year; Senate resume consideration of H.R. Whereas the problem of children who run 2847, the Commerce-Justice-Science ap- away from home is widespread, as youth be- EXECUTIVE CALENDAR propriations bill. tween 12 and 17 years of age are at a higher The PRESIDING OFFICER. Without risk of homelessness than adults; Mr. BENNET. Mr. President, I ask objection, it is so ordered. Whereas runaway youth are often expelled unanimous consent that the Senate from their homes by their families, dis- proceed to executive session to con- f charged by State custodial systems without sider Calendar No. 458, the nomination adequate transition plans, separated from of Paul Fishman to be U.S. attorney ADJOURNMENT UNTIL 9:30 A.M. their parents by death and divorce, or phys- for New Jersey; that the nomination be TOMORROW ically, sexually, and emotionally abused at confirmed and the motion to reconsider home; Mr. BENNET. If there is no further be laid upon the table; that no further Whereas runaway youth are often too poor business to come before the Senate, I to secure their own basic needs and are ineli- motions be in order and any state- ask unanimous consent that it adjourn gible or unable to access adequate medical or ments relating to the nomination be under the previous order. mental health resources; printed in the Record; that the Presi- There being no objection, the Senate, Whereas effective programs that provide dent be immediately notified of the at 7:02 p.m., adjourned until Thursday, support to runaway youth and assist them in Senate’s action, and the Senate resume October 8, 2009, at 9:30 a.m. remaining at home with their families can legislative session. succeed through partnerships created among The PRESIDING OFFICER. Without f families, community-based human service objection, it is so ordered. agencies, law enforcement agencies, schools, faith-based organizations, and businesses; The nomination considered and con- NOMINATIONS firmed is as follows: Whereas preventing youth from running Executive nomination received by away from home and supporting youth in DEPARTMENT OF JUSTICE the Senate: high-risk situations is a family, community, Paul Joseph Fishman, of New Jersey, to be DEPARTMENT OF COMMERCE and national priority; United States Attorney for the District of Whereas the future of the Nation is de- New Jersey for the term of four years. PATRICK GALLAGHER, OF MARYLAND, TO BE DIREC- pendent on providing opportunities for youth TOR OF THE NATIONAL INSTITUTE OF STANDARDS AND f TECHNOLOGY, VICE WILLIAM ALAN JEFFREY. to acquire the knowledge, skills, and abili- ties necessary to develop into safe, healthy, LEGISLATIVE SESSION f and productive adults; The PRESIDING OFFICER. The Sen- Whereas the National Network for Youth ate will resume legislative session. CONFIRMATION and its members advocate on behalf of run- away and homeless youth and provide an f Executive nomination confirmed by array of community-based support to address ORDERS FOR THURSDAY, OCTOBER the Senate, October 7, 2009: their critical needs; 8, 2009 DEPARTMENT OF JUSTICE Whereas the National Runaway Switch- Mr. BENNET. Mr. President, I ask PAUL JOSEPH FISHMAN, OF NEW JERSEY, TO BE board provides crisis intervention and refer- UNITED STATES ATTORNEY FOR THE DISTRICT OF NEW rals to reconnect runaway youth with their unanimous consent that when the Sen- JERSEY FOR THE TERM OF FOUR YEARS.

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